Journal of the Senate of the State of Georgia regular session 1991 volume two, commenced at Atlanta, Georgia, Monday, January 14, 1991 and adjourned Friday, March 15, 1991

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 II
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

MONDAY, MARCH 11, 1991

1667

Senate Chamber, Atlanta, Georgia Monday, March 11, 1991
Thirty-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 the proceedings of Friday, March 8, had been read and found correct.

Senator Alien of the 2nd moved that the Senate reconsider its action on Friday, March 8, in passing the following resolution of the House:

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".

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

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay Collins Dawkins Deal Echols Edge Egan

English Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Moye Newbill

Pollard Ragan of 32nd Ramsey Ray Scott Shumake Tate Taylor Tysinger Walker of 43rd White

Those not voting were Senators:

Albert Bishop Bowen DCoelaenman
Foster
Garner (excused conferee) Hammill

Johnson (excused conferee) Langford Marable POelmrdsuteead
Perry
Phillips Ragan of 10th

Robinson Starr Steinberg TT^hompson
Timmons
Turner Walker of 22nd

On the motion, the yeas were 33, nays 0; the motion prevailed, and HR 283 was reconsidered 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.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the House and Senate:
HB 953. By Representative Hudson of the 117th: A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office.
HB 990. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to create and establish the Douglasville-Douglas County Charter Commission.
HB 992. By Representatives Breedlove of the 60th, Orr of the 9th, Lawson of the 9th and Jackson of the 9th: A bill creating a new charter for the City of Buford, so as to deannex certain property from the corporate limits of the city.
HB 1006. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th: A bill to repeal an Act providing for a board of registrations and elections in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census.
HB 1007. By Representatives Redding of the 50th, Oliver of the 53rd, Valenti of the 52nd, Williams of the 54th, Teper of the 46th and others: A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide for the annual salary of the Chief Executive Officer.
HB 1008. By Representatives Lucas of the 102nd, Groover of the 99th, Elliott of the 103rd, Pinkston of the 100th, Randall of the 101st and others: A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.
HB 1010. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein.
HB 1011. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide a new charter for the City of Stockbridge.
HB 1012. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the chairman and other members of the Board of Education of Henry County.

MONDAY, MARCH 11, 1991

1669

HB 1014. By Representative Green of the 106th:
A bill to create a public body corporate and politic and an instrumentality of the City of Sparta and Hancock County, to be known as the Sparta-Hancock Public Facilities Authority.
HB 1015. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act making provisions for the Magistrate Court of Henry County, so as to change the compensation of the chief magistrate.
HB 1016. By Representatives Dunn of the 73rd and Smith of the 78th:
A bill to amend an Act providing for a salary and expense allowance for the coroner of Henry County.
HB 1017. By Representatives Jones of the 71st, Meadows of the 91st, Flynt of the 75th and Ware of the 77th:
A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.
HB 1021. By Representatives Hightower of the 36th, Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, Buckner of the 72nd and others:
A bill to amend an Act creating the City of College Park, so as to provide for districting of said city into four wards; to provide for the date of municipal elections.
HB 981. 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 repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3798) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County.
HB 982. 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 repeal an Act approved March 18, 1986, which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes.
HB 1005. By Representatives Dobbs of the 74th and Stancil of the 66th:
A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation.
SB 399. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and others:
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.

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JOURNAL OF THE SENATE

The House has agreed to the Senate substitute to the following bill of the House:
HB 856. 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 revise provisions relating to the authority of the police court 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 House has agreed to the Senate amendment to the following bill of the House:
HB 867. By Representative Ware of the 77th:
A bill to provide a new board of commissioners of Heard County.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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, institution, 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.
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 reciprocity; 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 education, 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 minimum balance; to provide for claims, payments, and liability.
SB 238. By Senators Deal of the 49th, Perry of the 7th, Ray of the 19th and others:
A bill to amend Article 7 of Chapter 10 of Title 9 of the Official Code of Georgia Annotated, relating to continuences, 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 House has passed, by substitute, by the requisite constitutional majority the following bills of the Senate:
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 executive director of such authority; to provide for related matters; to provide an effective date.

MONDAY, MARCH 11, 1991

1671

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 relating to local governments providing defenses for their officers and employees; to provide for related matters; to provide an effective date.
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 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.
SB 82. By Senator Kidd of the 25th:
A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, 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 provide an effective date.
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 Department of Human Resources under certain conditions.
SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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 instruments, procedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use.
The House has passed, as amended, by the requisite constitutional majority the following bills of the Senate:
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 required to be filed with the Secretary of State.
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 provide that certain applicants for licenses and operators of bingo games shall not be required to submit fingerprints or photographs in connection with obtaining and

1672

JOURNAL OP THE SENATE

holding a license; to provide for other matters relative thereto; 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 agriculture, agricultural operations, agricultural or farm products, crops, and growing crops.
SB 68. By Senators Hammill of the 3rd, Coleman of the 1st, English of the 21st and others: 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 House has adopted by the requisite constitutional majority the following resolutions of the House and Senate:
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 179. By Senator English of the 21st: A resolution urging the Board of Natural Resources to adopt appropriate measures to exempt newly installed landscaping from local watering restrictions.
HR 347. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd, Walker of the 115th and Groover of the 99th: A resolution creating the Joint Study Committee on Fines and Forfeitures and an advisory council thereto.
The following bills and resolutions of the Senate were introduced, read the first time and referred to committees:
SB 456. 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 relative to the compensation of the deputy tax commissioner.
Referred to Committee on Urban and County Affairs.
SB 457. By Senator Newbill of the 56th: A bill to amend an Act to reincorporate the City of Roswell in the County of Fulton, as amended, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
SR 292. By Senators Ramsey of the 54th, Garner of the 30th and Bowen of the 13th: A resolution creating the Senate Study Committee on Retirement Benefits for Municipal and County Law Enforcement Officers.
Referred to Committee on Rules.

MONDAY, MARCH 11, 1991

1673

SR 294. By Senators Tate of the 38th, Coleman of the 1st and Bishop of the 15th:
A resolution creating the Older and Handicapped Georgians' Transportation Task Force. Referred to Committee on Rules.
The following bills and resolution of the House were read the first time and referred to committees:
HB 953. By Representative Hudson of the 117th:
A bill to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Education of Pulaski County upon the expiration of regular terms of office. Referred to Committee on Urban and County Affairs.
HB 981. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others:
A bill to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3798) which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1980 general election (Res. Act No. 153, Senate Resolution No. 227, Ga. L. 1980, p. 2009) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia, providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County. Referred to Committee on Urban and County Affairs.
HB 982. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others:
A bill to repeal an Act approved March 18, 1986, which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes. Referred to Committee on Urban and County Affairs.
HB 990. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th:
A bill to create and establish the Douglasville-Douglas County Charter Commission. Referred to Committee on Urban and County Affairs.
HB 992. By Representatives Breedlove of the 60th, Orr of the 9th, Lawson of the 9th and Jackson of the 9th: A bill creating a new charter for the City of Buford, so as to deannex certain property from the corporate limits of the city.
Referred to Committee on Urban and County Affairs.
HB 1005. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation.
Referred to Committee on Urban and County Affairs.

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JOURNAL OF THE SENATE

HB 1006. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th: A bill to repeal an Act providing for a board of registrations and elections in each county of this state having a population of not less than 18,150 and not more than 18,250 according to the United States decennial census of 1970 or any future such census.
Referred to Committee on Urban and County Affairs.
HB 1007. By Representatives Redding of the 50th, Oliver of the 53rd, Valenti of the 52nd and others: A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, so as to provide for the annual salary of the Chief Executive Officer.
Referred to Committee on Urban and County Aflfairs.
HB 1008. By Representatives Lucas of the 102nd, Groover of the 99th, Elliott of the 103rd and others: A bill to amend an Act providing a new charter for the City of Macon, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 1010. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein.
Referred to Committee on Urban and County Aflfairs.
HB 1011. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide a new charter for the City of Stockbridge.
Referred to Committee on Urban and County Affairs.
HB 1012. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act fixing the compensation of the members of the Board of Education of Henry County, so as to change the compensation of the chairman and other members of the Board of Education of Henry County.
Referred to Committee on Urban and County Affairs.
HB 1014. By Representative Green of the 106th: A bill to create a public body corporate and politic and an instrumentality of the City of Sparta and Hancock County, to be known as the Sparta-Hancock Public Facilities Authority.
Referred to Committee on Urban and County Aflfairs.
HB 1015. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act making provisions for the Magistrate Court of Henry County, so as to change the compensation of the chief magistrate.
Referred to Committee on Urban and County Affairs.
HB 1016. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing for a salary and expense allowance for the coroner of Henry County.
Referred to Committee on Urban and County Aflfairs.

MONDAY, MARCH 11, 1991

1675

HB 1017. By Representatives Jones of the 71st, Meadows of the 91st, Flynt of the 75th and Ware of the 77th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for an additional member of the board of commissioners to be elected at large by the qualified voters of the county.
Referred to Committee on Urban and County Affairs.
HB 1021. By Representatives Hightower of the 36th, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend an Act creating the City of College Park, so as to provide for districting of said city into four wards; to provide for the date of municipal elections.
Referred to Committee on Urban and County Affairs.
HR 347. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and others: A resolution creating the Joint Study Committee on Fines and Forfeitures and an advisory council thereto.
Referred to Committee on Rules.
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 following bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 835. Do pass. HB 849. Do pass as amended. HB 894. Do pass by substitute.
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 455. Do pass by substitute. HB 933. 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 bills of the House and has instructed me to report the same back to the Senate with the following recommendations:
HB 308. Do pass. HB 555. Do pass.

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JOURNAL OF THE SENATE

HB 563. Do pass.

Respectfully submitted, Senator Baldwin of the 29th 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 285. 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 852. HB 957. HB 967. HB 974. HB 975. HB 977. HB 978. HB 979.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass.

HB 980. HB 983. HB 986. HB 987. HB 988. HB 989. HB 991. HB 996.

Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass. Do pass by substitute.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

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

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 purposes and provide a penalty therefor.

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 production of evidence, so as to change the per diem and mileage fees for witnesses; to change certain requirements regarding tender of fees.

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.

MONDAY, MARCH 11, 1991

1677

HB 563. By Representative Holland of the 136th:

A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption from real estate transfer tax of certain deeds and instruments, so as to provide that the distribution of real estate to beneficiaries of a will or to heirs at law pursuant to the administration of an estate shall be exempt from such property transfer tax.

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 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.

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 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.

SR 285. By Senators Garner of the 30th and Edge of the 28th:
A resolution creating the Senate Study Committee on Growth and Economic Development in the Southeast.

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The following communication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334
March 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 March 8, 1991. The list is numbered 1050 through 1058.
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 1050 through 1058,
who have registered in the Docket of Legislative Appearance as of March 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 March, 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

1050. Grant Williams 501 Pulliam Street Atlanta, Georgia 30332 (404)523-7884 Georgia State Employees Union
1051. Rickey Crawford
Jeffersonville Road Macon, Georgia 31211 (912)746-2621 Bakery Confection & Tobacco Workers Union Local 362-T

1052. Randy Crawford 2522 Cumberland Drive
Macon, Georgia 31201 (912)746-2621
Bakery Confection & Tobacco Workers Union Local 362"T

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1679

1053. Wayne Hagood Executive Park North Suite 108 Macon, Georgia 31209 (912)746-3444 International Association of Aerospace Workers Dist. 131
1054. Phyllis Fountain 120 West Fairlawn Carrollton, Georgia 30117 (404)830-6000 West Georgia Family Concerns
1055. Angie Y. Woodward 531 Ray North Road Carrollton, Georgia 30117 (404)832-6417 West Georgia Family Concerns
1056. Edward Deaton P.O. Box 8182 Columbus, Georgia 31908 (404)322-3639 American Association of Retired Persons Muscogee Association of Retired Cafeteria Workers

1057. Ron Williams P.O. Box 821 Lithia Springs, Georgia 30057 (404)739-1870 National Organization for the Reform of Marijuana Laws
1058. Jessie Thomas 3000 Langford Road Bldg. 2400 Norcross, Georgia 30071 (404)447-4611 Junior Girl Scouts #1221 Berkeley Lake Elementary School Thomas & Associates Pre-Team Gymnastics

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 Hasty 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 Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not answering were Senators:

Bishop Olmstead

Steinberg

Thompson

Senator Tate of the 38th introduced the chaplain of the day, Reverend R. B. Sutton,
pastor of Dixie Hills First Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer.

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JOURNAL OF THE SENATE

The following resolutions of the Senate were read and adopted:
SR 291. By Senators Turner of the 8th and Perry of the 7th: A resolution recognizing and commending Moody Air Force Base on its 50th anniversary.
SR 293. By Senators Hammill of the 3rd, Foster of the 50th, Deal of the 49th and Harris of the 27th: A resolution commending, recognizing, and supporting the inaugural officers of the Council of Superior Court Clerks of Georgia.
SR 295. By Senator Pollard of the 24th: A resolution commending the Lincoln County High School Lady Red Devil Softball Team.
SR 296. By Senator Pollard of the 24th: A resolution commending the Lincoln County High School Red Devil Football Team.
The following local, uncontested bills of the House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR March 11, 1991
THIRTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.)
HB 852 Johnson, 47th A bill to provide for the collection of additional costs in cases before the Magistrate Court of Banks County as law library fees.
HB 957 Hooks, 14th A bill to repeal an Act providing designated registration periods for registration of motor vehicles in Macon County,
HB 967 Phillips, 9th White, 48th A bill to provide for the appointment of the solicitor; to change the provisions relating to the compensation of the solicitor and assistant solicitors of Gwinnett County.
HB 974 Deal, 49th Newbill, 56th A bill to raise the maximum number of days of per diem that the members of the Board of Education of Forsyth County may receive each month.
HB 975 White, 48th A bill to create the City of Grayson Water Authority.

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HB 977 Clay, 37th Ragan, 32nd Thompson, 33rd Newbill, 56th
A bill to create the Cobb Year 2000 Commission.
HB 978 Harris, 27th
A bill to change the date of the municipal general election of the City of Barnesville.
HB 979 Dawkins, 45th
A bill to provide that as of a certain date, the judge of the probate court of Walton County shall no longer serve as the chief magistrate.
HB 980 Dawkins, 45th
A bill to create the Conyers-Rockdale Amateur Athletics Authority.
HB 983 Bishop, 15th Robinson, 16th
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 Bishop, 15th Robinson, 16th
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.
HB 987 Foster, 50th
A bill to change and extend the corporate limits of the City of Toccoa.
HB 988 Huggins, 53rd
A bill to create the Board of Commissioners of Chattooga County.
HB 989 Garner, 30th Moye, 34th
A bill to provide a definition for the "Douglasville-Douglas County Water and Sewer Authority"; to authorize the authority to inspect certain on site sewage disposal systems.
HB 991 White, 48th
A bill to create a new charter for the City of Duluth.
*HB 996 Henson, 55th Steinberg, 42nd Walker, 43rd Tysinger, 41st Burton, 5th
A bill 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. (SUBSTITUTE)

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The substitute to the following bill was put upon its passage:
*HB 996:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 996:
A BILL
To be entitled an Act to amend an Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), 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 certain provisions of law; to require a fiscal note; to provide for the contents of such fiscal note; to provide for the authority for this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act to impose certain requirements and limitations upon ad valorem taxes levied by DeKalb County to finance the provision of certain governmental services, known as the "DeKalb County Special Services Tax Districts Act," approved April 12, 1982 (Ga. L. 1982, p. 4396), is amended by adding a new section immediately following Section 6A, to be designated Section 6B, to read as follows:
"Section 6B. Notwithstanding any other provision of this Act to the contrary, the governing authority of any municipality lying wholly or partially in DeKalb County shall be authorized to provide by resolution that such municipality shall not constitute a special services tax district and shall not be subject to the provisions of this Act or that constitutional amendment providing that certain municipalities in DeKalb County shall constitute special service tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468. Prior to the adoption of any such resolution, the governing authority of such municipality shall request and receive a fiscal note from the governing authority of DeKalb County. Such fiscal note shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the proposed resolution. It shall also include a statement as to the immediate effect and, if determinable or reasonably forseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given."
Section 2. This Act is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special service tax districts, Resolution Act No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 45, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bills as reported, was agreed to by substitute.
On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

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1683

Albert
Baldwin Bishop
Bowen Broun Burton
Clay Coleman
Collins Dawkins
Deal Echols
Edge 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 Ramsey
Ray Robinson
Scott Starr
Taylor Thompson
Turner Walker of 43rd
White

Those not voting were Senators:

Alien Dean
Egan Hammill

Perry Shumake
Steinberg Tate

Timmons Tysinger
Walker of 22nd

On the passage of all the local bills, the yeas were 45, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 996, having received the requisite constitutional majority, were passed.

HB 996, having received the requisite constitutional majority, was passed by substitute.

Senator Henson of the 55th moved that HB 996 be immediately transmitted to the House.

On the motion, the yeas were 37, nays 0; the motion prevailed, and HB 996 was immediately transmitted to the House.

Senator Henson of the 55th introduced Honorable Ben Jones, U. S. Representative of Georgia's Fourth Congressional District, who briefly addressed the Senate.

Senator Garner of the 30th introduced Charles T. Dennard, President of the Southeast Division of Vulcan Materials Company, who was commended by SR 288, adopted previously.

Senator Tate of the 38th introduced Lee Haney, "Mr. Olympia," who was commended by SR 274, adopted previously.

SENATE RULES CALENDAR
Monday, March 11, 1991
THIRTY-SEVENTH LEGISLATIVE DAY
HB 554 Indictment of AIDS Transmitting Crime HIV testing (Substitute) (Judy 44th)
HB 406 Occupational Disease time period for filing claims (Amendment) (I&L 22nd) HB 547 Child Support amend provisions on enforcement by Department of Human Re-
sources (Substitute) (Judy 29th) HB 290 Superior Court Clerks fees (Substitute) (S Judy 24th)

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HR 288 Local Boards of Education--provide for election (Substitute) (Ed--45th)
HB 438 Livestock Dealers--liability provisions (Ag--21st)
HB 360 Blue Ridge Judicial Circuit Superior Courts--create third judgeship (Judy--49th)
HB 123 Marijuana--driver's license suspension for misdemeanor possession (S Judy--13th)
HB 208 Commerce and Trade--retain business records for three years (U&CA G--43rd)
HB 557 School Bus Drivers--minimum salaries (Gov Op--25th)
HB 358 DUI Risk Reduction Program Instructor--criminal record check (Substitute) (Pub S--17th)
HB 449 Arrest--family violence incidents (Substitute) (Judy--44th)
HB 793 Teachers--provisions on sick leave banks, pools (Ed--38th)
HB 814 Water Pollution Control Plants--phosphorus amount allowed in discharge (Amendment) (Nat R--29th)
HB 776 Certain Life, Accident, Sickness Insurance Plans--administrator licensing (Sub stitute) (I&L--24th)
HB 792 Local School Districts--money withheld for bonded indebtedness (Ed--45th)
HB 437 Athletic Trainers--define athlete, redefine trainer (Substitute) (Gov Op--28th)
HB 238 Emergency Management Rescue Specialist--indemnification, certain ones killed (Approp--27th)
HB 257 Appeals to Boards of Equalization--when valuations changed (Substitute) (U&CA G--49th)
HB 886 Vehicle Transporting Certain Substances--marked in certain way (Trans--21st)
HB 450 Bills Owed by State--paid in timely manner (Amendment) (Gov Op--26th)
HB 446 Veterinary Medicine--include certain dental procedures (Ag--51st)
HB 295 Conditioned Air Contractor Licenses--continuing education (Substitute) (Gov Op--25th)
HB 845 Certain Insurance Policies--rate of interest on proceeds, payments (Amendment) (I&L--22nd)
HB 844 Agricultural Products Dealers--redefine agricultural product (Substitute) (Ag--21st)
HB 199 Juvenile Court Judges Council--associate judges (Judy--29th)
HB 902 Action Filed Against Unauthorized Insurer--service of process (I&L--56th)
HB 791 Vehicles Required to Stop at Railroad Crossings--vehicles with hazardous li quids (Pub S--54th)
HB 560 Juvenile Proceedings--right to counsel of "incorrigible" child (Judy--42nd)
HB 11 Open Container of Alcoholic Beverage--unlawful while driving (Substitute) (S Judy--28th)
HB 652 Hazardous Waste Management Act--change certain definitions (Nat R--20th)
HB 653 Certain House, Automobile, Boat Trailers--license fees (Pub S--25th)
HB 605 Toilets, Shower Heads, Faucets in Buildings--requirements (Substitute) (Nat R--7th)
HB 824 Driver Training School License Act--minimum required surety bond (Pub S--34th)
HB 637 State Retirement System--change provisions on determination (Ret--5th)
HB 584 County, Regional Libraries--members of board of trustees (Ed--31st)

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1685

HB 461 Continuances When Witness Absent--change provisions (Substitute) (Judy--29th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 8, 1991.)
HB 905 Group Health Insurance--notice of termination, nonrenewal (Substitute) (I&L--37th)
HB 558 Water Treatment Plant Operator--amend automatic repeal of chapter (Nat R--20th)
HB 488 Economic, Civic Development--encourage in less developed county (U&CA G--10th)
HB 567 Conviction of Public Indecency Three or More Times--felony (S Judy--28th) HR 348 Water Resource Conservation Management Study Committee--create
(Nat R--14th) HB 427 General Assembly Member Oath of Office--authorize state court judge
(Gov Op--25th) HB 670 Constitutional Amendments on Ballot--summary at polling place (Gov Op--4th) HB 396 Stolen Vehicles, License Plates--reporting requirements (Pub S--llth) HB 319 Nonpublic Postsecondary Educational Institutions Act--tuition guaranty trust
fund (H Ed--3rd) HR 283 Zell Miller Mountain Parkway--redesignate portion of Appalachian Highway
(Trans--50th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
The following bill of House was taken up for the purpose of considering the House action thereon:
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.
Senator Johnson of the 47th moved that the Senate insist upon the Senate substitute to HB 285.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 285.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Starr of the 44th.
The Senate Committee on Judiciary offered the following substitute to HB 554:

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A BILL
To be entitled an Act 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 provide procedures for such tests on persons arrested for certain offenses; to remove the discretion to order such tests in certain circumstances; to require disclosure to victims of certain such crimes or to the parents or guardians of such victims; to provide for the psycho logical and physical well-being of the victim; to change the provisions relating to the use of reports by courts; to provide for a definition; to prohibit the use of results of tests and related information in certain criminal or civil proceedings; 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 17-10-15 of the Official Code of Georgia Annotated, relating to HIV testing of persons who commit AIDS transmitting crimes, is amended by striking that Code section and inserting in its place a new Code section to read as follows:
"17-10-15. (a) Any term used in this Code section and defined in Code Section 31-22-9.1 shall have the meaning provided for such term in Code Section 31-22-9.1.
(b) A victim or the parent or legal guardian of a minor or incompetent victim of a sexual offense as defined in Code Section 31-22-9.1 or other crime which involves significant exposure as defined by subsection (g) of this Code section, may request that the agency responsible for prosecuting the alleged offense request that the person arrested for such offense submit to a test for the human immunodeficiency virus and consent to the release of the test results to the victim. If the person so arrested declines to submit to such a test, the judge of the superior court in which the criminal charge is pending, upon a showing of prob able cause that the person arrested for the offense committed the alleged crime and that significant exposure occurred, may order the test to be performed in compliance with the rules adopted by the Department of Human Resources. The cost of the test shall be borne by the victim or by the arrested person, in the discretion of the court.
(c) Upon a verdict or plea of guilty or a plea of nolo contendere to any AIDS transmit ting crime, the court in which that verdict is returned or plea entered shall require the defendant in such case to submit to an HIV test within 45 days following the date of such verdict or plea. The clerk of the court in such case shall mail, within three days following the date of that verdict or plea, a copy of that verdict or plea to the Department of Human Resources.
(d) The Department of Human Resources, within 30 days following receipt of the court's order under subsection (b) of this Code section or within 30 days following receipt of the copy of the verdict or plea under subsection (c) of this Code section, shall arrange for the HIV test for the person required to submit thereto.
(e) Any person required under this Code section to submit to the HIV test who fails or refuses to submit to the test arranged pursuant to subsection (d) of this Code section shall be subject to such measures deemed necessary by the court in which the order was entered, verdict was returned, or plea was entered to require involuntary submission to the HIV test, and submission thereto may also be made a condition of suspending or probating any part of that person's sentence for the AIDS transmitting crime.
(f) If a person is required by this Code section to submit to an HIV test and is thereby determined to be infected with HIV, that determination and the name of the person shall be reported to:
(1) The Department of Human Resources, which shall disclose the name of the person as necessary to provide counseling to each victim of that person's AIDS transmitting crime if that crime is other than one specified in subparagraph (a)(3)(J) of Code Section 31-22-9.1 or to any parent or guardian of any such victim who is a minor or incompetent person;
(2) The court which ordered the HIV test, which court shall make that report a part of that person's criminal record. That report shall be sealed by the court; and

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1687

(3) The officer in charge of any penal institution or other facility in which the person has been confined by order or sentence of the court for purposes of enabling that officer to confine the person separately from those not infected with HIV.
(g) For the purpose of subsection (b) of this Code section, 'significant exposure' means contact of the victim's ruptured or broken skin or mucous membranes with the blood or body fluids of the person arrested for such offense, other than tears, saliva, or perspiration, of a magnitude that the Centers for Disease Control have epidemiologically demonstrated can result in transmission of the human immunodeficiency virus.
(h) The state may not use the fact that a medical procedure or test was performed on a person under this Code section or use the results of the procedure or test in any criminal proceeding arising out of the alleged offense."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner 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 Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Broun

Gillis

Phillips

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

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

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 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.
The House substitute to SB 82 was as follows:
A BILL
To be entitled an Act to amend Chapter 39A of Title 43 of the Official Code of Georgia Annotated, 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 change provisions relating to the qualifications for registration, licensing, or certification of real estate appraisers; to change the provisions relating to continuing education requirements; to change the provisions for relating to licenses and certification requirements for nonresidents; to require the board to submit to the Appraisal Subcommittee periodically a roster listing real estate appraisers who are licensed or certified in accordance with said chapter; to change the provisions relat ing to the exemption applicable to registered foresters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39A of Title 43 of the Official Code of Georgia Annotated, known as the "Real Estate Appraiser Licensing and Certification Act," is amended by striking in their entirety paragraphs (8) and (14) of Code Section 43-39A-2, relating to definitions under Chapter 39A of Title 43, and inserting in lieu thereof new paragraphs (8) and (14) to read as follows:
"(8) 'Certified real estate appraiser' means a person who:
(A) For a valuable consideration engages in real estate appraisal activity on any type of real estate or real property, which registered or licensed real estate appraisers are permitted to appraise or on such other real estate or real property as may be permitted by the Ap praisal Subcommittee; and
(B) Holds a current, valid certification issued under the provision of this chapter."
"(14) 'Licensed real estate appraiser' means a person who:
(A) For a valuable consideration engages in real estate appraisal activity on:
(i) Residential real estate or real property of one to four units, the value of which is less than $1 million;
(ii) On real estate or real property transactions which are not federally related transac tions; or
(iii) On such real estate or real property as may be authorized by the Appraisal Sub committee; and
(B) Holds a current, valid license issued under the provisions of this chapter."
Section 2. Said chapter is further amended by striking in their entirety subsections (d) and (e) of Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, and inserting in lieu thereof new subsections (d) and (e) to read as follows:
"(d) The term of each member of the board shall be five years, except that, one of the successors to the two members first appointed to serve until July 1, 1992, shall be appointed

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to serve until July 1, 1994, and one of the successors to the two members first appointed to serve until July 1, 1993, shall be appointed to serve until July 1, 1995. In the event of a vacancy, the Governor shall appoint a person to fill such vacancy and the person so ap pointed shall serve for the remainder of the unexpired term.
(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. No person shall serve as a mem ber of the board for more than eight consecutive years. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following:
(1) Inability to perform or neglecting to perform the duties required of members;
(2) Incompetence; or
(3) Dishonest conduct."
Section 3. Said chapter is further amended by striking in its entirety Code Section 4339A-8, relating to qualifications for registration, licensing, or certification of real estate ap praisers, and inserting in lieu thereof a new Code Section 43-39A-8 to read a follows:
"43-39A-8. (a) (1) In order to qualify as a registered real estate appraiser, an applicant must:
(A) Have attained the age of 18 years;
(B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(C) Be a high school graduate or the holder of a general educational development equivalency diploma; and
(D) Furnish evidence of completion of at least 75 in-class hours in a course or courses of study approved by the board which must include coverage of standards of professional practice.
(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of registration without a hearing.
(b) (1) In order to qualify as a licensed real estate appraiser, an applicant must:
(A) Have attained the age of 18 years;
(B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(C) Be a high school graduate or the holder of a general educational development equivalency diploma; and
(D) Meet education, experience, and examination standards which at a minimum are consistent with any guidelines established by the Appraisal Subcommittee.
(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of license without a hearing.
(c) (1) In order to qualify as a certified real estate appraiser, an applicant must:
(A) Have attained the age of 18 years;
(B) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-39A-9;
(C) Be a high school graduate or the holder of a general educational development equivalency diploma; and
(D) Meet education, experience, and examination standards which at a minimum are consistent with any guidelines established by the Appraisal Subcommittee.

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JOURNAL OF THE SENATE

(2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of certification without a hearing.
(d) The board is authorized to establish through its rules and regulations experience, examination, or education standards which at a minimum are consistent with any guidelines for such standards established by the Appraisal Subcommittee. The board is also authorized to establish through its rules and regulations such classes of licensed real estate appraisers or certified real estate appraisers as may be necessary in order to be consistent with any guidelines for such classes of licensed or certified appraisers as may be established by the Appraisal Subcommittee.
(e) As a prerequisite to renewal of a registration, license, or certification, an appraiser shall present evidence satisfactory to the board of having successfully completed or in structed, during the immediately preceding term of registration, licensure, or certification, a board approved continuing education course or courses of not less than ten hours of in-class instruction for each year of the renewal period for registered, licensed, and certified real estate appraisers. No appraiser whose registration, license, or certification has been placed on inactive status shall be allowed to reactivate a registration, license, or certification unless the provisions of this subsection are met in addition to any other requirements of this chapter.
(f) The board, through its rules and regulations, shall establish standards for offering of all education courses required by this Code section.
(g) In making its determinations with respect to the courses of study required by this Code section, the board shall give weight to courses which teach one or more of the following:
(1) Appropriate knowledge of technical terms commonly used in or related to real estate appraising and appraisal report writing and economic concepts applicable to real estate and real property;
(2) An understanding of the basic principles of land economics and the real estate ap praisal process and the problems likely to be encountered in gathering, interpreting, and processing the data required in the real estate appraisal process;
(3) An understanding of the standards for the development and communication of real estate appraisals as provided in this chapter;
(4) An understanding of the ethical rules that an appraiser is required to observe;
(5) Appropriate knowledge of theories of depreciation cost estimating, methods of capi talization, and the mathematics of real estate appraisal;
(6) An understanding of basic real estate law;
(7) An understanding of the types of misconduct for which disciplinary proceedings may be initiated against an appraiser, as set forth in this chapter; and
(8) An understanding of such other matters as may confront appraisers in real estate appraisal activity.
(h) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a registration, license, or certification or denial of renewal of a registration, license, or certification without further hearing. No fees or portion of fees paid shall be refunded if an appraiser fails to meet the continuing education provi sions of this chapter.
(i) Notwithstanding any other provision of this Code section, the board is authorized to require additional hours of educational courses for applicants for licensure or certification or of continuing education for licensed real estate appraisers or certified real estate appraisers, if the Appraisal Subcommittee adopts higher minimum hours for such licensed or certified appraisers, provided that the board requires at least those minimum hours required by the Appraisal Subcommittee."

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Section 4. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 43-39A-9, relating to license and certification requirements for nonresidents, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An applicant who is licensed or certified in another state under such state's laws which are designed to comply with 12 U.S.C. Sec. 3301, et seq., may obtain a similar license or certification as an appraiser in Georgia upon, at the time of filing an application:
(1) Meeting the requirements of subsection (a) of this Code section;
(2) Paying any required fees;
(3) Causing the licensing body of the applicant's resident state, or any other state in which the applicant may be licensed or certified, to furnish to the board a certification of licensure or certification and copies of the records of any disciplinary actions taken against the applicant's license or certification in that or other states. The imposition of a discipli nary action by any other lawful licensing authority may be grounds for denial of license or certification to a nonresident or for suspension or revocation of the license or certification issued to a nonresident;
(4) Agreeing in writing to cooperate with any investigation initiated under this chapter by promptly supplying any documents any authorized investigator of the board may request and by personally appearing in the board's offices or other location in Georgia as the board's investigator may request. If the board sends by certified mail to the last known business address of a nonresident appraiser a notice to produce documents or to appear for an inter view with an authorized investigator or the board and the nonresident appraiser fails to comply with that request, the board may impose on the nonresident appraiser any discipli nary sanction permitted by this chapter; and
(5) Signing a statement that the applicant has read this chapter and its rules and regu lations and agrees to abide by its provisions in all real estate appraisal activity in Georgia."
Section 5. Said chapter is further amended by striking in its entirety subsection (1) of Code Section 43-39A-11, relating to fees for registration, license, certification, examination, and renewal, and inserting in lieu thereof a new subsection (1) to read as follows:
"(1) The board is authorized to collect and forward to the Federal Financial Institu tions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338 and to submit to the Appraisal Subcommittee, no less than annually, a roster listing real estate appraisers who are licensed or certified in accordance with this chapter."
Section 6. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (b) of Code Section 43-39A-24, relating to the prohibition against engaging in real estate appraisal activity without registration, license, or certification, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 who appraises or evaluates standing or growing timber located in this state and issues a 'certified' appraisal or valuation on such timber as permitted by Code Section 12-6-40, ex cept that, when an appraisal or valuation of standing or growing timber is to be used in a federally related loan transaction, such registered forester must obtain a license or certifica tion under this chapter, if required by federal law and the Appraisal Subcommittee;".
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and part 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 82.
On the motion, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Alien Bowen Broun Burton ,lay CCoollleimnsan
DDeaawlkins Dean Echols Edge Egan English Foster

Hammill Harris Hasty Henson Hill 5?ks KLaidndgford
MMoarvaeble Newbill Olmstead Perdue Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Shumake cSt, em. b, erg,,
,Ti*htoempson Iimmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Baldwin Bishop Garner (excused conferee)

Gillis Huggins Johnson (excused conferee)

Phillips Starr Taylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 82.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 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 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.

The House has disagreed to the Senate substitutes to the following bills of the House:

HB 63. 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 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

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publication of the name, address, and photograph of each person convicted of driving under the influence of alcohol or drugs.
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.
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 performed only by a utility contractor or fire protection sprinkler contractor.
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.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has agreed to the Senate substitute, as amended by the House, by the requi site constitutional majority the following bill of the House:
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 licenses; to revise the qualifica tions for the issuance of real estate licenses to nonresidents who are licensed in another state.
The House insists on its position in disagreeing to the Senate substitute, and has ap-

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pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 285. 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 make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.
The Speaker has appointed on the part of the House, Representatives Walker of the 115th, Buck of the 95th and Coleman of the 118th.
Senator Deal of the 49th, President Pro Tempore, assumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 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 House substitute to SB 110 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 revise substantially provisions relative to insurance fraud and motor vehicle insurance; to provide that the offense of insurance fraud shall be a felony offense; to revise the definition of fraudulent insurance act; to provide for the notification of law enforcement agencies by insurers when such insurer has knowledge of a fraudulent insurance act which has not been reported to a law enforcement agency; to provide for deductibles with regard to uninsured motorist insurance; to revise provisions relative to uninsured motorist coverage and the requirement of physical contact with regard to cases in which the owner or operator of a motor vehicle causing damage is unknown; to provide a standard for insurance rates for personal private passenger motor vehicle insur ance; to provide for the filing of rates, rating plans, rating systems, underwriting rules, and policy or bond forms used in writing personal private passenger motor vehicle insurance with the Commissioner of Insurance; to provide for the approval by the Commissioner of such rates, rating plans, rating systems, or underwriting rules prior to their use; to provide time limits for approval or disapproval; to provide for the submission of information to support a rate filing; to provide for certain exemptions; to provide for certain powers, duties, and authority of the Commissioner of Insurance with respect to the foregoing; to redesignate and revise provisions granting premium discounts with respect to motor vehicle insurance policies; to provide for intent; to revise provisions relative to the nonrenewal or cancellation of automobile or motorcycle insurance policies; to authorize administrative hearings and procedures in connection with such hearings; to provide for remedies and penalties; to com prehensively revise Chapter 34 of such title, the "Georgia Motor Vehicle Accident Repara tions Act"; to repeal provisions requiring personal injury protection insurance coverage and related provisions; to delete references to personal injury protection insurance coverage; to authorize the Commissioner to provide procedures for settlement of first-party property damage claims under personal private passenger motor vehicle insurance policies; to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to delete references and revise references to required motor vehicle insurance coverage under Chapter 34 of Title 33; to amend Part 8 of Article 8 of Chapter 14 of Title 44, relating

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to liens of hospitals, so as to delete a reference to Chapter 34 of Title 33; to provide for the continuation of certain coverages under motor vehicle insurance policies; to provide for no tices and procedures relative thereto; to provide for rules and regulations; to provide for the filing of rates, forms, and rules; to provide for the reduction of certain motor vehicle insur ance rates; to provide for hearings and orders and procedures relative thereto; to provide for other matters relative to the foregoing; to provide for applicability; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Part 1
Section 1.1. Title 33 of the Official Code of Georgia Annotated, relating to the regula tion of insurance, is amended by striking paragraph (2) of subsection (c) of Code Section 331-9, relating to the offense of insurance fraud, in its entirety and inserting in its place a new paragraph (2) to read as follows;
"(2) Where the claim, benefit, or money referred to in subsection (a) of this Code sec tion exceeds an aggregate of $500.00, a person convicted of a violation of subsection (a) of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years, or by a fine of not more than $5,000.00, or both."
Section 1.2. Said title is further amended by striking subsection (a) of Code Section 331-16, relating to the investigation of fraudulent insurance acts, and inserting in its place a new subsection (a) to read as follows:
"(a) For the purposes of this Code section, a person commits a 'fraudulent insurance act* if he:
(1) Knowingly and with intent to defraud presents, causes to be presented, or prepares with knowledge or belief that it will be presented, to or by an insurer, purported insurer, broker, or any agency thereof, any written statement as part of, or in support of, an applica tion for the issuance of, or the rating of, an insurance policy or a claim for payment or other benefit pursuant to an insurance policy which he knows to contain materially false informa tion concerning any fact material thereto or if he conceals, for the purpose of misleading another, information concerning any fact material thereto; or
(2) Knowingly and willfully transacts any contracts, agreement, or instrument which violates this title."
Section 1.3. Said title is further amended by striking subsection (g) of Code Section 331-16, relating to the investigation of fraudulent insurance acts, and inserting in lieu thereof new subsections (g) and (h) to read as follows:
"(g) Notwithstanding the provisions of subsection (f) of this Code section, when an in surer or an insured knows or has reasonable grounds to believe that a person committed a fraudulent insurance act and which the insurer reasonably believes not to have been re ported to a law enforcement agency in this state, then, for the purpose of notification and investigation, the insurer or an agent authorized by an insurer to act on its behalf or the insured may notify such law enforcement agency of such knowledge or reasonable belief and provide such information relevant to the fraudulent insurance act, including, but not limited to, insurance policy information, including the application for insurance; policy premium payment records; history of previous claims made by the insured; and other information relating to the investigation of the claim, including statements of any person, proofs of loss, and notice of loss. In the absence of fraud or bad faith, no insurer or agent authorized by an insurer to act on its behalf, law enforcement agency, or their respective employees or an insured shall be subject to any civil liability for libel, slander, or related cause of action by virtue of filing reports or for releasing or receiving any information pursuant to this subsec tion. For the purposes of this Code section, the term 'law enforcement agency' shall mean and include any federal, state, county, or consolidated police or law enforcement depart ment and any prosecuting official of the federal, state, county, or consolidated government. For the purposes of this Code section, the term 'insured' shall mean and include any person

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who is a named insured or beneficiary under a policy or contract of insurance or a person who is not a name insured or beneficiary under a policy or contract of insurance due to the fraudulent action of another but who in good faith believes himself to be such an insured or beneficiary.
(h) Personnel employed by the Commissioner under this Code section shall have the power to make arrests for criminal violations established as a result of investigations only. The general laws applicable to arrests by peace officers of this state shall also be applicable to such personnel. Such personnel shall have the power to execute arrest warrants and search warrants for the same criminal violations; to serve subpoenas issued for the examina tion, investigation, and trial of all offenses determined by their investigations; and to arrest upon probable cause without warrant any person found in the act of violating any of the provisions of applicable laws. Personnel empowered to make arrests under this Code section shall be empowered to carry firearms or other weapons in the performance of their duties. It is unlawful for any person to resist an arrest authorized by this Code section or in any manner to interfere, either by abetting or assisting such resistance or otherwise interfering, with personnel employed by the Commissioner under this Code section in the duties im posed upon them by law."
Section 1.4. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 33-7-11, relating to motor vehicle insurance coverage of claims against unin sured motorists, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) The coverages for bodily injury or,death or for injury to or destruction of property of the insured, as provided in paragraph (1) of this subsection, may be subject to deductible amounts as follows:
(A) For bodily injury or death, deductibles of $250.00, $500.00, or $1,000.00, at the op tion of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to approval of the Commissioner;
(B) For injury to or destruction or property of the insured, deductibles of $250.00, $500.00, or $1,000.00, at the option of any named insured in the policy. Deductibles above $1,000.00 may be offered, subject to the approval of the Commissioner;
(C) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph may not be reduced below $250.00;
(D) Deductible amounts shown in subparagraphs (A) and (B) of this paragraph shall be made available at a reduced premium; and
(E) Where an insurer has combined into one single limit the coverages required under paragraph (1) of this subsection, any deductible selected under subparagraphs (A) and (B) of this paragraph shall be combined and the resultant total shall be construed to be a single aggregate deductible."
Section 1.5. Said title is further amended by striking paragraph (2) of Code Section 339-4, relating to the standards applicable to the making and use of rates, in its entirety and inserting in its place a new paragraph (2) to read as follows:
"(2) No rate shall be held to be excessive unless such rate is unreasonably high for the insurance provided and a reasonable degree of competition does not exist in the area with respect to the classification to which such rate is applicable; provided, however, with respect to rate filings involving an increase in rates, no rate for personal private passenger motor vehicle insurance shall be held to be excessive unless such rate is unreasonably high for the insurance provided;"
Section 1.6. Said title if further amended by striking subsections (b) and (c) of Code Section 33-9-21, relating to the filing of certain rates, plans, rating systems, or underwriting

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rules with the Commissioner of Insurance, and inserting in their places new subsections (b) through (f), respectively, to read as follows:
"(b) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule for all personal private passenger motor vehicle insurance. No such rate, rating plan, rating system, or underwriting rule will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office and such filing has been approved by the Commissioner or a period of 45 days has elapsed from the date such filing was received by the Commissioner during which time such filing has not been disapproved by the Commissioner. The Commissioner shall be author ized to extend such 45 day period by ten business days at his discretion. If a filing is disap proved, notice of such disapproval order shall be given, specifying in what respects such filing fails to meet the requirements of this chapter. The filer shall be given a hearing upon written request made within 30 days after the issuance of the disapproval order. In connec tion with any hearing or judicial review with respect to the approval or disapproval of such rates, the burden of persuasion shall fall upon the affected insurer or insurers to establish that the challenged rates are adequate, not excessive, and not unfairly discriminatory. After such a hearing, the Commissioner may affirm, modify, or reverse his previous action. The requirement of approval or disapproval of a rate filing by the Commissioner under this sub section shall not prohibit actions by the Commissioner regarding compliance of such rate filing with the requirements of Code Section 33-9-4 brought after such approval or disapproval.
(c) When a rate filing of an insurer required under subsection (b) of this Code section is not accompanied by the information upon which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this chapter, the insurer shall be required to furnish such information and in such event the 45 day period provided for in subsection (b) of this Code section shall commence as of the date such information is furnished.
(d) Any domestic, foreign, or alien insurer that is authorized to write insurance in this state must file with the Commissioner any rate, rating plan, rating system, or underwriting rule at least 45 days prior to any indicated effective date for all insurance other than per sonal private passenger motor vehicle insurance. No rate, rating plan, rating system, or un derwriting rule required to be filed under this subsection will become effective, nor may any premium be collected by any insurer thereunder, unless the filing has been received by the Commissioner in his office not less than 45 days prior to its effective date.
(e) When a rate filing of an insurer required under subsection (d) of this Code section results in any overall rate increase of 10 percent or more within any 12 month period, the Commissioner shall order an examination of that insurer to determine the accuracy of the claim reserves, the applicability of the claim reserve practices for the loss data used in sup port of such filing, and any other component of the rate filing; provided, however, that in the event the overall increase is less than 25 percent within any 12 month period and the Commissioner affirmatively determines that he has sufficient information to evaluate such rate increase and that the cost thereof would not be justified, he may waive all or part of such examination. In all other rate filings required in this Code section, the Commissioner may order an examination of that insurer as provided in this subsection. Such examination shall be conducted in accordance with the provisions of Chapter 2 of this title. Upon notifi cation by the Commissioner of his intent to conduct such examination, the insurer shall be prohibited from placing the rates so filed in effect until such examination has been reviewed and certified by the Commissioner as being complete. Such examination, if conducted by the Commissioner, shall be reviewed and certified within 90 days of the date such rate, rating plan, rating system, or underwriting rule is filed; provided, however, if the Commis sioner makes an affirmative finding that the examination may not be completed within the 90 day period, he may extend said time for an additional 60 days. Any examination required under this Code section shall be conducted in accordance with Chapter 2 of this title.

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(f) Notwithstanding the provision of subsection (d) of this Code section, in the event the filing of any rate, rating plan, rating system, or underwriting rule under subsection (d) of this Code section is not necessary, in the judgment of the Commissioner, to accomplish the purposes of this chapter as set forth in Code Section 33-9-1, then the Commissioner may exempt all domestic, foreign, and alien insurers from being required to file such rate, rating plan, rating system, or underwriting rule."
Section 1.7. Said title is further amended by adding at the end of Chapter 9, relating to the regulation of rates, underwriting rules, and related organizations, three new Code sec tions, to be designated Code Sections 33-9-42, 33-9-43, and 33-9-44, to read as follows:
"33-9-42. (a) For each personal private or family-type policy of private passenger motor vehicle insurance issued or issued for delivery in this state, there shall be offered by the insurer a reduction of not less than 10 percent in premiums for motor vehicle liability, firstparty medical, and collision coverages to the policyholder if all named drivers, as listed or who should be listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy satisfy the requirements of subsection (b) of this Code section.
(b) Reductions in premiums shall be available if all named drivers:
(1) Have committed no traffic offenses for the prior three years;
(2) Have had no claims based on fault against an insurer for the prior three years; and
(3) Complete one of the following types of driving courses:
(A) A course in defensive driving of not less than six hours from a driver improvement clinic or commercial or noncommercial driving schools approved by and under the jurisdic tion of the Department of Public Safety;
(B) An emergency vehicles operations course at the Georgia Public Safety Training Center; or
(C) A course in defensive driving of not less than six hours from a driver improvement program which is administered by a nonprofit organization such as the American Associa tion of Retired People, the American Automobile Association, the National Safety Council, or a comparable organization and which meets the standards promulgated by the Depart ment of Public Safety pursuant to subsection (f) of this Code section.
(c) Upon completion of one of the driving courses specified in paragraph (3) of subsec tion (b) of this Code section by each named driver, eligibility for reductions in premiums for such policy shall continue for a period of three years, provided any named driver under such policy does not commit a traffic offense or have a claim against the policy based on any such driver's fault.
(d) Provided however only named drivers over the age of 25 shall have to meet the requirements of only the requirements of 1 and 2 on page 12 on lines 29 through 32.
(e) The Department of Public Safety shall assure through the supervision of driver im provement clinics, emergency vehicles operations courses, driver improvement programs ad ministered by nonprofit organizations, and commercial or noncommercial driving schools approved by the Department of Public Safety that defensive driving courses shall be availa ble and accessible wherever practicable as determined by the department to licensed drivers throughout the state.
(f) Each insurer providing premium discounts under this Code section shall provide, upon the request of the Commissioner, information regarding the amount of such discounts in a form acceptable to the Commissioner.
(g) The power of supervision granted to the Department of Public Safety over driver improvement programs administered by nonprofit organizations under this Code section shall be limited to the establishment of minimum standards and requirements relative to the content of specific courses offered by such programs and relative to investigation and

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resolution of any complaints directed towards the content or operation of any course by a person enrolled in such course. The Department of Public Safety may adopt rules and regu lations necessary to carry out the provisions of this subsection. The Department of Public Safety shall not require a nonprofit organization to obtain a license or permit or to pay a fee in order to administer a driver improvement program in the state. The Department of Pub lic Safety shall not require a commercial driving school licensed by such department to obtain an additional license to teach a defensive driving course, as described in subparagraph (b)(3)(A) of this Code section, at any location in this state.
(h) Nothing in this Code section shall prevent an insurer from offering the reduction in premium specified in subsection (a) of this Code section to a driver who does not meet all of the requirements of subsection (b) of this Code section.
33-9-43. (a) For each personal or family-type policy of private passenger motor vehicle insurance issued, delivered, issued for delivery, or renewed on or after October 1, 1991, there shall be offered by the insurer a reduction in the premium for motor vehicle liability, firstparty medical, and collision coverage for each named driver under 25 years of age, as listed on the policy application or provided in information subsequent to such application, of each motor vehicle covered by such policy, if that driver:
(1) Is unmarried;
(2) Is enrolled as a full-time student in:
(A) High school in the junior or senior year;
(B) Academic courses in a college or university; or
(C) Vocational technical school;
(3) Is an honor student because the scholastic records for the immediately preceding quarter, semester, or comparable segment show that such person:
(A) Ranks scholastically in the upper 20 percent of the class;
(B) Has a 'B' average or better;
(C) Has a 3.0 average or better; or
(D) Is on the 'Dean's List' or 'Honor Roll'; and
(4) Is a driver whose use of the automobile is considered by the insurer in determining the applicable classification.
(b) Proof of meeting the requirements for the discount provided by this Code section shall be provided annually to the insurer by the insured student or policyholder upon such forms as the Commissioner shall prescribe. The premium reduction required by this Code section shall be approved by the Commissioner and reflected in the insurer's automobile rating plan.
(c) An insurer shall not be required to offer the premium reduction provided in subsec tion (a) of this Code section to a driver who, at any time within a period of three years prior to the beginning of the policy year during which that reduction is otherwise required, has:
(1) Been involved in any motor vehicle accident in which that person has been deter mined to have been at fault;
(2) Been finally convicted of, pleaded nolo contendere to, or been found to have com mitted a delinquent act constituting any of the following offenses:
(A) Any serious traffic offense described in Article 15 of Chapter 6 of Title 40;
(B) Any traffic offense for which three or more points may be assessed pursuant to Code Section 40-5-57; or
(C) Any felony or any offense prohibited pursuant to Chapter 13 of Title 16, relating to dangerous drugs, marijuana, and controlled substances; or

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(3) Had that person's driver's license suspended for refusal to submit to chemical tests pursuant to Code Section 40-5-55 and that suspension has not been reversed, if appealed from.
33-9-44. It is specifically intended that the discounts provided in Code Sections 33-9-42 and 33-9-43 shall be provided by the insurer to any person who qualifies for such discounts. It is further intended that any similar discounts granted to qualified persons under Chapter 34 of this title as such chapter existed on September 30, 1991, shall not be discontinued nor duplicated by the enactment of Code Section 33-9-42 and 33-9-43 for policies in effect on September 30, 1991."
Section 1.8. Said title is further amended by striking paragraph (2) of subsection (b) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new paragraph (2) of subsection (b) to read as follows:
"(2) 'Renewal' means issuance and delivery by an insurer of a policy superseding at the end of the policy period a policy previously issued and delivered by the same insurer and providing no less than the coverage contained in the superseded policy or issuance and de livery of a certificate or notice extending the term of a policy beyond its policy period or term or the extension of the term of a policy beyond its policy period or term pursuant to a provision for extending the policy by payment of a continuation premium; provided, how ever, that any policy with a policy period or term of less than six months shall, for the purpose of this Code section, be considered to have successive policy periods ending each six months following its original date of issue and, regardless of its wording, any interim termi nation by its terms or by refusal to accept premium shall be a cancellation subject to this Code section, except in case of termination under any of the circumstances specified in sub section (f) of this Code section; provided, further, that, for purposes of this Code section, any policy written for a term longer than one year or any policy with no fixed expiration date shall be considered as if written for successive policy periods or terms of one year and any termination by an insurer effective on an anniversary date of the policy shall be deemed a refusal to renew."
Section 1.9. Said title is further amended by striking paragraph (2) of subsection (e) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insurance, and inserting in its place a new paragraph (2) of subsection (e) to read as follows:
"(2) The insurer shall specify in writing the reason or reasons for such nonrenewal as required by Chapter 39 of this title."
Section 1.10. Said title is further amended by striking subparagraph (e)(3)(H) of Code Section 33-24-45, relating to the cancellation or nonrenewal of policies of automobile or mo torcycle insurance, and inserting in its place a new subparagraph (e)(3)(H) to read as follows:
"(H) Accidents or violations which occurred more than 36 months prior to the expira tion date or anniversary date of the policy or solely for claims paid or payable pursuant to the policy during the preceding 36 month period which did not aggregate in an amount in excess of $750.00;"
Section 1.11. Said title is further amended by adding at the end of Code Section 33-2445, relating to the cancellation or nonrenewal of policies of automobile or motorcycle insur ance, a new subsection (o) to read as follows:
"(o) An insured may file a written request for a hearing before the Commissioner if the insured believes that his or her policy has been canceled or nonrenewed in violation of this Code section. A hearing request must be filed with the Commissioner within 15 days of receipt of a notice of cancellation or nonrenewal and shall be accompanied by a filing fee to be prescribed by rule of the Commissioner. The filing fee may be waived by the Commis sioner in the event the payment of such fee would cause economic hardship to the insured. A hearing shall be scheduled within 20 days of said request unless the Commissioner deter-

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mines from the facts stated in the request that such request is without merit. A written determination must be issued by the Commissioner within ten days of the date of the hear ing. During the pendency of such proceedings, the policy shall continue in full force and effect and the Commissioner may order the insured to tender any premiums due for such continued coverage to the Commissioner to be held in escrow. The Commissioner shall ei ther order that the policy be renewed or may uphold the nonrenewal or cancellation and shall order the disposition of any premium payments held in escrow in accordance with the decision in the case. The Commissioner may also order such penalties as he determines are appropriate in the event of an abusive nonrenewal or cancellation. Except as otherwise spe cifically provided in this subsection, all hearings conducted pursuant to this subsection shall be conducted pursuant to provisions of Chapter 2 of this title. In any hearing or investiga tion conducted pursuant to this subsection, the Commissioner shall be authorized to investi gate the issue of whether the insurer has engaged in a pattern or practice of improper policy nonrenewal or cancellation procedures and, in the event of a determination that the insurer has engaged in a pattern or practice of improper policy nonrenewal or cancellation proce dures, to order such remedies and penalties as he deems appropriate and as are authorized by law."
Section 1.12. Said title is further amended by striking Chapter 34, known as the "Geor gia Motor Vehicle Accident Reparations Act," in its entirety and inserting in its place a new Chapter 34 to read as follows:
"33-34-1. This chapter shall be known and may be cited as the 'Georgia Motor Vehicle Accident Reparations Act.'
33-34-2. As used in this chapter, the term:
(1) 'Motor vehicle' mean a vehicle having more than three load-bearing wheels of a kind required to be registered under the laws of this state relating to motor vehicles designed primarily for operation upon the public streets, roads, and highways and driven by power other than muscular power. The term includes a trailer drawn by or attached to such a vehicle.
(2) 'Owner' means the natural person, corporation, firm, partnership, cooperative, asso ciation, group, trust, estate, organization, or other entity in whose name the motor vehicle has been registered. If no registration is in effect at the time of an accident involving the motor vehicle, the term means the natural person, corporation, firm, partnership, coopera tive, association, group, trust, estate, organization, or other entity who holds the legal title to the motor vehicle or, in the event the motor vehicle is subject to a security agreement or lease with an option to purchase with the debtor or the lessee having the right to possession, the term means the debtor or the lessee.
(3) 'Self-insurer* means any owner who has on file with the Commissioner of Insurance an approved plan of self-insurance which provides for coverages, benefits, and efficient claims handling procedures substantially equivalent to those afforded by a policy of automo bile liability insurance that complies with all of the requirements of this chapter.
33-34-3. (a) (1) All policies of motor vehicle liability insurance issued in this state must be in accordance with the requirements of this chapter. Such policies shall contain at least the minimum coverages required under this chapter and shall be issued for a minimum term of six months.
(2) All insurers authorized to transact or transacting insurance in this state or control ling or controlled by or under common control by or with an insurer authorized to transact or transacting insurance in this state which issue policies or contracts providing motor vehi cle liability insurance coverage or any other similar coverage in any state or Canadian prov ince shall include in the policies or contracts of insurance a provision which provides at least the minimum liability coverage required under Code Section 33-34-4 with respect to motor ists insured under the policies or contracts who are involved in motor vehicle accidents in this state and, notwithstanding any provisions of the policies or contracts to the contrary, all such policies or contracts of insurance shall be deemed to satisfy the minimum requirements

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of this chapter if a motorist insured under the policies or contracts of insurance is involved in a motor vehicle accident in this state.
(3) Nothing contained in this Code section shall be deemed to prohibit a nonadmitted insurer not otherwise required by paragraph (2) of this subsection to provide the minimum liability coverage required by Code Section 33-34-4 from providing such coverage for its insured motorists who are involved in motor vehicle accidents in this state and, to the ex tent that such coverage is provided, such policies or contracts shall be deemed to provide the minimum liability coverage required by this chapter.
(4) No insurer shall issue a policy of motor vehicle liability insurance without requiring advance payment for the first 60 days of coverage. Insurers may rely on the insured's state ments in the policy application for the purpose of calculating the initial payment required by this paragraph. This paragraph shall not apply to any renewal or continuation of a pol icy, to any replacement of a policy where there is no lapse of coverage, or to any personal automobile policy issued in connection with an employer-sponsored payroll deduction plan. This paragraph shall apply only to personal automobile or family-type automobile liability insurance policies.
(b) Nothing in Code Section 33-34-4 shall be construed to prohibit the issuance of poli cies providing coverage more extensive than the minimum liability coverage required by that Code section.
(c) Policies purporting to satisfy the requirements of Code Section 33-34-4 shall contain a provision which states that, notwithstanding any of the other terms and conditions of the policy, the coverage afforded shall be at least as extensive as the minimum liability coverage required.
(d) Each policy of liability insurance issued in this state providing coverage to motor vehicles owned by a person, firm, or corporation engaged in the business of selling at retail new and used motor vehicles shall provide that, when an accident involves the operation of a motor vehicle by a person who is neither the owner of the vehicle involved in the accident nor an employee of the owner and the operator of the motor vehicle is an insured under a complying policy other than the complying policy insuring the motor vehicle involved in the accident, primary coverage as to all coverages provided in the policy under which the opera tor is an insured shall be afforded by the liability policy insuring the said operator and any liability policy under which the owner is an insured shall afford excess coverages. If the liability policy under which the owner is an insured and which affords excess coverage con tains a provision which eliminates such excess coverage based on the existence of coverage provided in the operator's liability policy, such provision of the owner's liability policy shall be void.
(e) Each policy of motor vehicle liability insurance issued in this state on or after Octo ber 1, 1991, shall provide that the requirement for giving notice of a claim, if not satisfied by the insured within 30 days of the date of the accident, may be satisfied by an injured third party who, as the result of such accident, has a claim against the insured; provided, however, notice of a claim given by an injured third party to an insurer under this subsection shall be accomplished by mail. Each policy of motor vehicle liability insurance issued or renewed in this state on and after October 1, 1991, shall be deemed to include and construed as includ ing the provision regarding the notice requirements provided in this subsection.
33-34-4. No owner of a motor vehicle required to be registered in this state or any other person, other than a self-insurer as defined in this chapter, shall operate or authorize any other person to operate the motor vehicle unless the owner has motor vehicle liability insur ance equivalent to that required as evidence of security for bodily injury and property dam age liability under Chapter 9 of Title 40, the 'Motor Vehicle Safety Responsibility Act.'
33-34-5. No motor vehicle shall be licensed by this state until the owner or insured has furnished proof in the form provided in this Code section to the licensing authorities that there is in effect the minimum liability insurance coverage required by this chapter or that there is in effect an approved self-insurance plan and that such coverage was initially issued

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for a minimum term of six months. This time period shall apply only to private passenger vehicles. The commissioner of public safety shall prescribe by rules and regulations the nec essary information which shall be required to be furnished in order to satisfy this Code section; however, such information as pertains to the minimum liability insurance coverage shall contain the certification of the applicant that minimum liability insurance is in force.
33-34-6. (a) No insurer issuing motor vehicle liability or collision insurance policies in this state shall require a person making a claim against an insured under one of such poli cies to utilize a particular person, firm, or corporation to repair a motor vehicle in order to settle a property damage liability or collision claim, if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
(b) This Code section shall be applicable to all motor vehicle liability policies issued in this state after October 1, 1991.
33-34-7. Upon the death of or termination of the marital relationship of a named in sured under a personal lines policy of insurance covering a private passenger motor vehicle, a spouse of said named insured who was covered under said policy of insurance immediately prior to the death or termination of the marital relationship shall upon notice to the insurer or agent of the insurer continue to be covered under said policy for a period of 90 days following such death or termination of marital relationship or until the expiration of the policy term, whichever is shorter. Every personal lines policy of insurance covering a private passenger motor vehicle shall contain a provision providing the coverage required by this Code section; and in the absence of such a provision in such a policy the policy shall be deemed to contain such a provision.
33-34-8. The Commissioner shall provide by rule or regulation procedures for the expe ditious and efficient settlement of first-party property damage claims under personal private passenger motor vehicle policies. Such procedures may include, but shall not be limited to:
(1) Loss of use reimbursements;
(2) Cost of repairs;
(3) Determination of fair market value on total losses;
(4) Use of aftermarket parts;
(5) Time limitations for payments of claims of property damage by insureds; and
(6) Establishment of a panel for arbitration of disputed property damage claims where such claims involve total losses."
Part 2
Section 2.1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehi cles and traffic, is amended by striking subsection (b) and paragraph (1) of subsection (c) of Code Section 40-6-270, relating to the duty of a driver to stop at or return to the scene of an accident, in their entirety and inserting in their respective places a new subsection (b) and paragraph (1) of subsection (c) to read as follows:
"(b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by impris onment for not less than one nor more than five years."
"(1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:"
Section 2.2. Said title is further amended by striking paragraph (5) of Code Section 40-

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9-2, relating to definitions as used in Chapter 9 of Title 40, in its entirety and inserting in its place a new paragraph (5) to read as follows:
"(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; or
(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.
Section 2.3. Part 8 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of hospitals, is amended by striking Code Section 44-14-474, relating to exemptions, in its entirety and inserting in its place a new Code Section 44-14474 to read as follows:
"44-14-474. This part shall not apply to any moneys becoming due under Chapter 9 of Title 34."
Part 3
Section 3.1. Except as provided in Section 3.3 of this Act, this Act shall become effec tive on October 1, 1991, and shall apply to policies of motor vehicle insurance issued, issued for delivery, delivered, or renewed on and after October 1, 1991. Except for an otherwise permissible cancellation of a policy of motor vehicle insurance, coverages payable without regard to fault in motor vehicle insurance policies in existence on October 1, 1991, shall remain in effect until changed by specific request of the policyholder and reflected by en dorsement to the policy or until the renewal date of the policy; provided, however, the in surer shall be required to send written notice to the policyholder of any changes in coverage to be effective upon renewal of the policy as a result of this Act not less than 60 days prior to the renewal date of the policy. Written notice to the policyholder shall be accomplished in such form and manner as prescribed by the Commissioner of Insurance.
Section 3.2. (a) Each insurer shall file its proposed forms, manuals, underwriting rules, rates, and rating plans for coverages under motor vehicle insurance policies to be issued, issued for delivery, delivered, or renewed on and after October 1, 1991, with the Commis sioner of Insurance for such examination and approval as is required by law. The Commis sioner shall not approve such filings unless such filings contain optional medical payments coverage. Rates and rating plans for motor vehicle insurance coverages filed pursuant to this subsection shall reflect a reduction of the rates or rating plans for such coverages on file with the Commissioner as of January 28, 1991, of not less than 15 percent, as compared to rates in effect for coverages required to be offered by the former "Georgia Motor Vehicle Accident Reparations Act," with the exception of physical damage coverages, as specified in paragraph (3) of subsection (a) of former Code Section 33-34-5 and third-party property damage coverages. On October 1, 1991, the Commissioner shall reduce by 15 percent or such higher amount as he determines appropriate, after notice and hearing as required by law, any rate or rating plan for such coverages under motor vehicle insurance policies for which no filing has been received.
(b) Any insurer aggrieved by the rate filing required pursuant to subsection (a) of this section may petition the Commissioner for a hearing to grant relief from the rate filing as the result of extraordinary circumstances. The insurer shall have the burden of proof to establish the extraordinary circumstances which justify relief. A hearing conducted pursuant

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to this subsection shall be conducted in accordance with the provisions of Chapter 2 of Title 33. Upon conclusion of any hearing conducted pursuant to this subsection, the Commis sioner shall enter an order specifying the rates to be used by the insurer and shall indicate in his order all factors entering into a decision to relieve the insurer from full compliance with the provision of subsection (a) of this section.
Section 3.3. (a) Section 3.1 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for the purposes of promulgation of rules and regulations by the Commissioner of Insurance.
(b) Section 3.2 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
(c) This Act shall become effective for all purposes on October 1, 1991.
Section 3.4. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 110.

Senators Steinberg of the 42nd and Alien of the 2nd moved that the Senate agree to the House substitute to SB 110 as amended by the following amendment:

Amend the House substitute to SB 110 by adding on line 18, page 28, after "coverage." the following:
"The insured shall be informed in writing of the amount of its cost and a description of said coverage. The insured may decline such coverage but only by a signed rejection of it."

On the motion offered by Senators Steinberg of the 42nd and Alien of the 2nd, which takes precedence, Senator Robinson of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Clay Edge Egan

Henson Langford Newbill Olmstead Phillips Ragan of 32nd

Ramsey Steinberg Tate Thompson Tysinger Walker of 22nd

Those voting in the negative were Senators:

Albert
Bowen Broun Burton C|e.man

Hammill
Harris Hasty Hill Hooks

DawWns T-. Ec'hols English Foster Garner Gillis

Huggins Johnson Kidd Marable Moye Perdue Perry

Pollard Ragan of 10th Ray Robinson Scott
Shumake Starr Taylor Timmons Turner Walker of 43rd White

Not voting was Senator Deal (presiding).

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On the motion, the yeas were 18, nays 37; the motion was lost, and the Senate did not agree to the House substitute as amended by the Senate.

Senator Edge of the 28th offered the following amendment:

Amend the House substitute to SB 110 by striking on line 17 of page 26 the sum of "$15,000.00" and inserting in lieu thereof the sum of "$30,000.00";
And by striking on line 20 of page 26 the sum of "$30,000.00" and inserting in lieu thereof the sum of "$60,000.00";
And by striking on line 22 of page 26 the sum of "$10,000.00" and inserting in lieu thereof the sum of "$20,000.00.".

Senator Edge of the 28th asked unanjmous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator Edge of the 28th was withdrawn.

On the motion offered by Senator Dawkins of the 45th to agree to the House substitute to SB 110, 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 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

Voting in the negative was Senator Langford.

Not voting was Senator Deal (presiding).

On the motion, the yeas were 54, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 110.

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

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.

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1707

Senator Johnson of the 47th moved that the Senate adhere to the Senate substitute to HB 285, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 1; the motion prevailed, and the Senate adhered to the Senate substitute to HB 285.
The President resumed the Chair.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Johnson of the 47th, Garner of the 30th and Deal of the 49th.
Senator Deal of the 49th, President Pro Tempore, resumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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 House amendment was as follows:
Amend SB 311 as follows:
Add Section 3. to read:
"This Act shall become effective upon its approval by the governor; or upon its becom ing law without such approval."
Senator English of the 21st moved that the Senate disagree to the House amendment to SB 311.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 311.
Lieutenant Governor Howard introduced the doctor of the day, Dr. Ray Fowler, of Douglaville, Georgia.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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.

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JOURNAL OF THE SENATE

The House amendment was as follows:

Amend SB 120 by adding after the word "session" on lines 16 and 17 the following words:
"and each calendar day".

Senator Egan of the 40th moved that the Senate agree to the House amendment to SB 120.

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 Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Hugging 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 43rd White

Those not voting were Senators:

Deal (presiding) Garner

Langford Moye

Walker of 22nd

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 120.

Senator Gillis of the 20th moved that the Senate stand in recess until 1:45 o'clock P.M., and the motion prevailed.

At 12:28 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 1:45 o'clock P.M.

At 1:45 P.M., the President called the Senate to order.

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

HB 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.
Senate Sponsor: Senator Baldwin of the 29th.

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The Senate Committee on Judiciary offered the following substitute to HB 547:
A BILL
To be entitled an Act to amend Title 19 of the Official Code of Georgia Annotated, relating to domestic relations, so as to amend various provisions of such title relating to child support and enforcement of the duty of support by the Department of Human Re sources; to delete the limit on income deduction for payment of arrearage; to provide for service in person or by certified mail; to provide that the court shall order a test to deter mine paternity when the Department of Human Resources is the petitioner; to clarify that upon request the department shall be provided with information regarding the earnings of a person owing child support; to provide for confidentiality of information and records ob tained by the department; to provide for penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 19 of the Official Code of Georgia Annotated, relating to domestic rela tions, is amended by striking paragraph (2) of subsection (b) of Code Section 19-6-32, relat ing to income deduction orders, and inserting in its place a new paragraph (2) to read as follows:
"(2) State the amount of arrearage accrued, if any, under the support order and direct a payor to withhold a specific amount until the arrearage is paid in full; and".
Section 2. Said title is further amended by striking subsection (b) of Code Section 19-633, relating to notice and service of income deduction orders, and inserting in its place a new subsection (b) to read as follows:
"(b) Service by or upon any person who is a party to a proceeding under this Code section shall be made in person or by certified mail, return receipt requested. Service upon an obligor's payor or successor payor under this Code section shall be by regular first-class mail."
Section 3. Said title is further amended by striking Code Section 19-7-45, relating to blood tests, and inserting in its place a new Code Section 19-7-45 to read as follows:
"19-7-45. As soon as practicable after an action has been brought, the court, upon mo tion of the petitioner, the respondent, or any other interested party, may order the mother, the alleged father, and the child to submit to any blood tests, including human leucocyte antigen (HLA) testing and genetic testing if available, which have been developed or estab lished for purposes of disproving or proving parentage and which are reasonably accessible. In cases in which the Department of Human Resources is the petitioner pursuant to para graph (4) of subsection (a) of Code Section 19-7-43, the court shall upon motion of any party to the action order the mother, the alleged father, and the child to submit to such blood tests. If the court orders the blood tests and if the action is brought prior to the birth of the child, the court shall order the blood tests made as soon as medically feasible after the birth. The tests shall be performed by a duly qualified licensed practicing physician, duly qualified immunologist, or other qualified person. Upon motion by a party, the court may order that independent tests be performed by other experts qualified as examiners of blood types. In all cases, however, the court shall determine the number and qualifications of the experts. In all cases the results shall be made known to all parties at interest as soon as available. An order issued under this Code section is enforceable by contempt, provided that, if the petitioner refuses to submit to an order for a blood test, the court may dismiss the action upon motion of the respondent."
Section 4. Said title is further amended by striking subsection (a) of Code Section 19-746, relating to evidence at a trial, and inserting in its place a new subsection (a) to read as follows:
"(a) The results of medical tests and comparisons ordered by the court, including the statistical likelihood of the alleged parent's parentage, if available, shall be admitted in evi-

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JOURNAL OP THE SENATE

dence when offered by a duly qualified, licensed practicing physician, duly qualified immunologist, duly qualified geneticist, or other duly qualified person."
Section 5. Said title is further amended by striking Code Section 19-11-9.1, relating to information about obligors, and inserting in its place a new Code Section 19-11-9.1 to read as follows:
"19-11-9.1. Any state or local agency or private employer of this state, upon the request of the department, shall provide the department with information regarding the name, ad dress, and social security number of a person owing or allegedly owing an obligation of sup port for a dependent child. In addition to the preceding information, if the case involves a person receiving public assistance, the employer shall also provide information regarding earnings. The department upon receipt of this information may make it available only to the appropriate officials or agency of this state or any other state operating a program pur suant to Title IV-D of the federal Social Security Act."
Section 6. Said title is further amended by adding, immediately following Code Section 19-11-26, a new Code Section 19-11-27 to read as follows:
"19-11-27. Information and records obtained by the department pursuant to any provi sion of this article or Title IV-D of the federal Social Security Act shall be deemed to be confidential and shall be released only by permission of the party or parties named in the information or records, by order of the court, or for those purposes specifically authorized by this article. Any person who violates this Code section shall be guilty of a misdemeanor."
Section 7. All laws and part of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Burton Clay Collins Dawkins Deal Dean Edge Egan Garner

Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Newbill Olmstead Perdue Pollard

Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Tate Taylor Thompson Timmons Tysinger Walker of 22nd White

Those not voting were Senators:

Bowen Broun
EchcT English Foster

Hammill Henson
Monyfrd Perry Phillips

Ramsey Shumake
St-b"* Turner Walker of 43rd

MONDAY, MARCH 11, 1991

1711

On the passage of the bill, the yeas were 39, nays 0.
The bill, having received the requisite constitutional majority, was passed by substitute.
The 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 945. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act granting a new charter to the City of Young Harris, so as to change the corporate limits of the city.
HB 976. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to create a board of commissioners of Pickens County.
HB 1019. By Representatives Aiken of the 21st, Atkins of the 21st, Klein of the 21st, Coker of the 21st and Clark of the 20th, Post 4: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
HB 1022. By Representative Ware of the 77th: A bill to amend an Act establishing an independent school system for the City of Hogansville, so as to revise provisions relating to ad valorem school taxes.
HB 1023. By Representatives Snow of the 1st and McCoy of the 1st: A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
HB 1024. By Representatives Snow of the 1st and McCoy of the 1st: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of the tax commissioner.
HB 1025. By Representatives Snow of the 1st and McCoy of the 1st: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
HB 1027. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to incorporate and provide a charter for the City of Graham.
HB 1028. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act creating the office of commissioners of Roads and Reve nues of Brantley County, so as to provide a new mileage rate for the chairman and board of commissioners.

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JOURNAL OF THE SENATE

HB 1032. By Representative Balkcom of the 140th: A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds.
HB 1033. By Representative Balkcom of the 140th: A bill to consolidate the offices of tax receiver and tax collector of Baker County into the office of tax commissioner of Baker County.
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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has disagreed to the Senate amendment to the following resolution of the House:
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.
The House has passed by the requisite constitutional majority the following bill of the House:
HB 1020. By Representatives Padgett of the 86th, Cheeks of the 89th, Brown of the 88th, Howard of the 85th, Williams of the 90th and others: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to authorize the governing authority of Richmond County to increase the compensation of said officials.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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-

MONDAY, MARCH 11, 1991

1713

sions relating to the fees of the clerks of the superior courts, the amount thereof, and the collection thereof.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Committee on Special Judiciary offered the following substitute to HB 290:
A BILL
To be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, so as to change the provisions relating to the fees of the clerks of the superior courts, the amount thereof, and the collec tion thereof; to change the provisions relating to additional filing fees in divorce cases for the Children's Trust Fund; to amend Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the "Uniform Enforcement of Foreign Judgments Law," so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certifi cates of change of name, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, so as to change the provisions relating to fees of clerks of the superior courts; to amend Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as "The Land Registration Law," so as to change the provisions relating to fees of clerks of the superior courts; to amend Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens for federal taxes, so as to change the provisions relating to fees of clerks of the superior courts; to amend Code Sec tion 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the "Rural Telephone Cooperative Act," so as to change the provisions relating to fees of clerks of the superior courts; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of the superior courts, is amended by striking Code Section 15-6-77, relat ing to fees of clerks of the superior courts, which reads as follows:
"15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the fees enumerated in subsections (b) through (f) of this Code section for offi cial duties performed by them, provided that, in all counties in this state where the clerk of the superior court is on a salary basis, the fees provided for in this Code section shall be paid into the county treasury.
(b) Fees in civil cases:
(1) (A) As used in this paragraph, the term 'domestic civil cases' means divorce cases, alimony cases, child support cases, annulment cases, and separate maintenance cases, and any modification of decree in any such cases.
(B) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, and Code Section 47-14-51, the total costs for all services rendered by the clerk of superior court in domestic civil cases shall be $40.00, plus $8.00 for each party other than the original plaintiff and defendant.
(2) Except as provided in Code Section 15-6-77.2, Code Section 15-6-77.3, Code Section 47-14-51, and paragraphs (1) and (5) of this subsection, the total costs for all services ren-

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dered by the clerk of superior court in civil cases shall be $55.00, plus $8.00 for each party other than the original plaintiff and defendant.
(3) Nothing contained in this subsection shall be construed so as to prohibit the collec tion of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
(4) The sums specified in this subsection shall be collected by the clerk at the time of riling of any civil case or proceeding. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require such sum of the state, its agencies, or political subdivisions.
(5) In all cases involving condemnations or the validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, the fees shall be:
(A) Filing and docketing actions, complaints, or motions ....................$ 4.00
(B) Copying and issuing process or summons ................................. 4.00
(C) Each copy after first copy............................................... 2.00
(D) Entering verdict or judgment on dockets ................................. 2.00
(E) Filing all subsequent pleadings and instruments........................... 1.00
(F) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each. ..................................... 1.00
All bonds over 500, each......................................................50
(G) Recording on final record, per page ...................................... 1.50
(c) Fees for filing and recording documents, instruments, etc., pertaining to property:
(1) Recording and returning to sender all instruments pertaining to real estate, and deeds of trust or amendments thereto, in accordance with Code Section 53-1252, first page ............................................................... $ 4.50
Each page, after the first ................................................... 2.00
(2) Recording cancellations of deeds, mortgages, and writs of fieri facias, each . . 3.50
(3) Recording maps or plats ................................................ 5.00
The fee charged for recording maps and plats shall include the fee required by Code Section 47-14-51.
(4) Filing and indexing financing statements, or any amendment thereto, and for stamping a copy furnished by the secured party to show the date and place of filing for an original or a continuation statement, as provided in Code Section 11-9403, first page .............................................................. $ 5.00
Each page, after the first ................................................... 1.00
No fee shall be charged for filing a termination of a financing statement, as provided in Code Section 11-9-404, when the original financing statement was filed subsequent to July 1, 1981. No fee shall be charged for filing an assignment that is indicated on the original financing statement, as provided in Code Section 11-9-405.
(5) Filing and indexing release of collateral, as provided in Code Section 11-9406, filing and indexing an assignment of security interest, as provided in Code Sec-

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tion 11-9-405(2), and filing of succeeding continuation statement, as provided in Code Section 11-9-403(3), first page........................................... $ 5.00
Each page, after the first ................................................... 1.00
(6) Providing copy of any document filed under Article 9 of Title 11, per page ....................................................................... $ 1.00
(7) Entering cross-reference in real property index, per entry .................. 1.00
(8) Filing affidavit to extend lien as required in Code Section 44-14-142, relating to the extension of a lien on personal property liens............................ $ 2.00
(d) Miscellaneous fees:
(1) Recording any instrument or writing, fee not otherwise specified, first page ........................................................................$ 4.50
Each page, after the first ................................................... 2.00
(2) Certification or exemplification of record, per page.......................... .50
(3) Clerk's certificate ....................................................... 1.00
(4) Court's seal ............................................................ 1.00
(5) Issuing certificates of appointment and reappointment to notaries public, as provided by Code Section 45-17-4...................................... 8.00
(6) Registering and filing trade names pursuant to Code Section 10-1-490 ....... 5.00
(7) The clerk shall not charge a fee for recording discharge certificates of veterans, as provided in Code Section 15-6-78.
(8) Filing and indexing each notice of lien or certificate or notice affecting the tax lien, in accordance with Code Section 44-14-574:
(A) Tax lien on real or personal property .................................... 2.00
(B) Certificate of discharge or subordination.................................. 2.00
(C) All other notices, including a certificate of release or nonattachment ........ 2.00
(9) Reserved. (10) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40........................................................... 1.00
(11) No fee shall be charged for the issuance of license to practice law.
(12) Filing incorporation proceedings except for corporations for which filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation ............................................... 20.00 (B) Articles of amendment................................................. 20.00
(C) Restated articles ...................................................... 20.00
(D) Merger............................................................... 20.00 (E) Dissolution ........................................................... 20.00
(F) Involuntary dissolution ......................................... no fee (G) Consolidation and merger .............................................. 20.00
(H) Certificate of election to dissolve ....................................... 20.00 (I) Order approving change of principal office .......................... no fee
(J) Articles of incorporation as required by Code Section 46-5-100............. 20.00

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(13) Filing lien on offspring of livestock in accordance with Code Section 44-14-511 .......................................................................25
(14) Filing hospital lien, each page .......................................... 2.00
(15) Filing Us pendens, each page ........................................... 2.00
(16) Filing petition alleging one or more acts of family violence pursuant to Article 1 of Chapter 13 of Title 19 ............................................. 16.00
(17) Filing a foreign money judgment pursuant to Article 6 of Chapter 12 of Title 9 .................................................................... 10.00
(e) Fees in quasi-civil and criminal cases:
(1) Issuing writ of fieri facias .............................................$ 3.00
(2) Entering writ of fieri facias or other execution on general execution docket . . 2.00
(3) Issuing subpoena or summons to witness.................................. 1.00
(4) Furnishing and certifying any process, order, etc., for publication ........... 2.00
(5) Providing uncertified photocopies of documents in clerk's office, per page ..... .25
(6) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page ........................................................... 1.50
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript, but shall receive, for filing and transmission of such tran script, a fee of .............................................. 5.00
(7) Entering remittitur from Supreme Court or Court of Appeals............... 1.00
(8) Issuing jury script or check, each ...................................... .30
(9) For each day of service in attendance upon the courts .................... 50.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensa tion.
(10) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same fees as in other civil cases.
(11) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' the clerks shall receive the same fees as in other civil cases.
(f) Fees in criminal cases:
(1) Entering and docketing bills of indictment, presentments, no-bills, accusations, indictments, and accusation record .................................$ 3.00
(2) Service in cases where the defendant is tried, pleads guilty, or there is a settlement ............................................................... 10.00
(3) Service in entering and docketing bills of indictment or presentments on minutes in cases of nolle prosequi ............................................... 5.00
(4) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 ................................................................ 1.00
(5) Affidavit of custodian, filing, and transmittal pursuant to Code Section 17-10-12 ............................................................... 1.00
(6) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50 ........................... 5.00
(7) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page .......... 1.50

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Subsequent copies, per page ................................................. .50
(8) Preparation and furnishing copy of the record of appeal in criminal cases where accused was convicted of capital felony, in accordance with Code Section 5-643, per page ................................................................ 1.50
Clerk's certificate .......................................................... 1.00
The clerk shall not receive compensation for the transcript of evidence and proceedings.
(g) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect.",
and inserting in lieu thereof a new Code Section 15-6-77 to read as follows:
"15-6-77. (a) The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section.
(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law.
(c) In all counties in this state where the clerk of the superior court is on a salary basis, the costs provided for in this Code section shall be paid into the county treasury less and except such sums as are collected pursuant to Code Section 36-15-9 and Code Section 15-677.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties.
(d) Except for the filing of civil cases in which the filing party is indigent as provided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service.
(e) Costs in civil cases:
(1) As used in this subsection, the term 'civil cases' shall include all actions, cases, pro ceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation ac tions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be consid ered as a new case for the purposes of this Code section.
(2) Except as provided in paragraph (3) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of his indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection, shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(e) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code Section 36-82-79, first 500 bonds, each ................................................. $1.00
All bonds over 500, each. .................................................... .50
(B) Recording on final record, per page ...................................... 1.50
(4) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any

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other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
(f) Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable:
(1) (A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written infor mation of utilities, and cancellation of deeds, liens, and writs of fieri facias, first page .............................................,.....................$ 4.50
Each page, after the first ................................................... 2.00
(B) Filing financing statements, amendments to financing, statements, continuation statements, release of collateral, first page............................ 5.00
Each page, after the first ................................................... 2.00
(2) Filing maps or plats, each page .......................................... 7.50
(3) Entering cross-reference in real and personal property indices, per instrument .................................................................... 1.00
(4) For processing an assignment of a security deed, for each deed assigned ..... 4.50
(g) Miscellaneous fees:
(1) Recording any instrument or writing, fee not otherwise specified, first page ...................................................................$ 5.00
Each page, after the first ................................................... 2.00
(2) Uncertified copies of documents, per page ................................. .25
(3) Uncertified copies of documents, drawings, or plats, copy larger than 8.5 x 14 inches ................................................................ 2.00
(4) Certification or exemplification of record, including certificates and seals, first page ................................................................ 2.50
Each page, after the first .................................................... .50
(5) Clerk's certificate ....................................................... 1.00
(6) Court's seal ............................................................ 1.00
(7) The clerk may provide computer generated printouts of public records sub ject to disclosure maintained on computer by the clerk, for each page of printed data or its equivalent ............................................................ 2.50
Nothing in this paragraph shall be construed to require any clerk to provide computer generated reports nor shall any clerk be required to prepare custom or individualized com puter compilations or reports for any person or entity which would require preparation of a computer program which is not a standard existing computer program in use by the clerk. The clerk shall not be required to permit access to, or to provide copies of, copyrighted computer programs or any other computer programs in violation of any software license agreement or containing confidential records otherwise excluded or exempted by this Code section or any other applicable law.
(8) Issuing certificate of pending or unsatisfied judgment, as provided in Code Section 40-9-40........................................................... 3.00
(9) Issuing certificate of appointment and reappointment to notaries public, as provided by Code Section 45-17-4 ........................................... 13.00

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(10) Registering and filing trade names pursuant to Code Section 10-1-490 ...... 8.00
(11) Issuing subpoena, signed and sealed, notwithstanding subsection (e) of this Code section, each ......................................................... 1.00
(12) Preparation of record and transcript to the Supreme Court and Court of Appeals, per page ........................................................... 1.50
Where a transcript of the evidence and proceedings is filed with the clerk and does not require recopying, the clerk shall not receive the fee herein prescribed with respect to such transcript but shall receive, for filing and transmission of such tran script, a fee of ........................................................ 1]5.00
(13) Issuing jury scrip or check each.......................................... .30
(14) For each day of service in attendance upon the courts ................... 50.00
The per diem attendance upon the courts shall be paid from the treasury of the respective counties of this state only to clerks who are on a fee system of compensa tion.
(15) For performing the duties required of them by Article 2 of Chapter 2 of Title 44, the clerks shall receive the same sums as in civil cases.
(16) For performing the duties required of them by Article 1 of Chapter 9A of Title 14, the 'Uniform Limited Partnership Act,' and for filing statements of part nership pursuant to Code Section 14-8-10.1, the clerks shall receive the sums as in civil cases.
(17) Filing incorporation proceedings except for corporation for which filing procedures are governed by Chapter 2 of Title 14:
(A) Articles of incorporation ............................................... 20.00
(B) Articles of amendment................................................. 20.00
(C) Restated articles ...................................................... 20.00
(D) Merger............................................................... 20.00
(E) Dissolution ........................................................... 20.00
(F) Involuntary dissolution ................................... no fee
(G) Consolidation and merger .............................................. 20.00
(H) Certificate of election to dissolve ....................................... 20.00
(I) Order approving change of principal office ......................... no fee
(J) Articles of incorporation as required by Code Section 46-5-100............. 20.00
(h) Fees in criminal cases: (1) Entering and docketing bills of indictment, presentments, no-bills, accusations................................................................... $3.00
(2) Issuing and mailing first notice of arraignment pursuant to Code Section 17-7-91 ................................................................ 1.00
(3) Affidavit of custodian, filing and transmittal pursuant to Code Section 17-10-12 ............................................................... 1.00
(4) Preparation and transmission of defendant's personal history and related documents, as provided in Code Section 42-5-50 ........................... 5.00
(5) Preparation and transmission of documents to superior court sentence review panel in accordance with Code Section 17-10-6, first copy, per page .......... 1.50
Subsequent copies, per page ................................................. .50
(6) Preparation and furnishing copy of the record of appeal in criminal cases

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where accused was convicted of capital felony, in accordance with Code Section 5-643, per page ................................................................ 1.50
Clerk's certificate .......................................................... 1.00
The clerk shall not receive compensation for the transcript of evidence and proceedings.
(7) When costs are assessed by the court the minimum amount assessed as court costs in the disposition of any criminal case in the superior court shall be $100.00. Any surcharge provided for by law shall be in addition to such sum.
(i) No fees shall be charged for the following:
(1) Filing a termination of a financing statement as provided in Code Section 11-9-404;
(2) Filing an assignment that is indicated on the original financing statement, as pro vided in Code Section 11-9-405;
(3) Recording discharge certificates of veterans, as provided in Code Section 15-6-78;
(4) Recording and certifying documents in connection with admission to practice law.
(j) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect.
(k) No fees, assessments, or other charges may be assessed or collected except as au thorized in this Code section or some other general law expressly providing for same.
(1) The clerk of superior court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's offices as may be requested by the public and agreed to by the clerk. Any charges for such additional services shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any such service not otherwise required by law."
Section 2. Said article is further amended by striking Code Section 15-6-77.4, relating to additional filing fees in divorce cases for the Children's Trust Fund, and inserting in lieu thereof a new Code Section 15-6-77.4 to read as follows:
"15-6-77.4 (a) In addition to any fees required in Code Sections 15-6-77, 15-6-77.2, 15-677.3, and 47-14-51, for filing each divorce case, the clerk of superior court shall charge an additional fee of $5.00. Each clerk of the superior court shall collect the additional fees for divorce cases as provided in this Code section and shall pay such moneys over to the com missioner of revenue by the last day of the month there following, to be deposited by him into the general treasury. The commissioner of revenue shall, on a quarterly basis, make a report and accounting of all funds collected pursuant to this Code section and shall submit such report and accounting to the Office of Planning and Budget and the Legislative Budget Office no later than 30 days after the last day of the preceding quarter.
(b) When any such person whose duty it is to collect and pay over such moneys fails to remit the sums within 60 days of the date they are required to be paid over, the same shall be delinquent and there may be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of said principal amount per month for each month during which the money is continued to be delinquent, not to exceed a total of 25 percent of the principal amount.
(c) The sums provided for in this Code section shall be collected in accordance with the provision of subsection (b) of Code Section 15-6-77."
Section 3. Article 6 of Chapter 12 of Title 9 of the Official Code of Georgia Annotated, known as the "Uniform Enforcement of Foreign Judgments Law," is amended by striking Code Section 9-12-135, relating to fees, which reads as follows:
"9-12-135. A person filing a foreign judgment shall pay to the clerk of the court the

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amount specified therefor in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law for judgments of the courts of this state.",
and inserting in lieu thereof a new Code Section 9-12-135 to read as follows:
"9-12-135. A person filing a foreign judgment shall pay to the clerk of court the same sums as in civil cases in superior court as provided in Code Section 15-6-77. Fees for other enforcement proceedings shall be as otherwise provided by law."
Section 4. Code Section 19-8-20 of the Official Code of Georgia Annotated, relating to issuance of decrees of adoption, is amended by striking subsection (b) of said Code section and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) At any time after the entry of the decree of adoption, upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that adopting par ent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in paragraph (4) of subsection (g) of Code Section 15-6-77, which adoption certificate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate."
Section 5. Code Section 19-12-3 of the Official Code of Georgia Annotated, relating to certificates of change of name, is amended by striking subsection (a) of said Code section and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) At any time after the entry of the final order of change of name, upon the request of the petitioner requesting the change of name, the clerk of the court granting the same shall issue to the petitioner a certificate of change of name, under the seal of the court, upon payment to the clerk of the fee provided in paragraph (4) of subsection (g) of Code Section 15-6-77. The certificate shall be received as evidence of the facts contained in the certificate."
Section 6. Code Section 36-15-9 of the Official Code of Georgia Annotated, relating to collection of additional costs in court cases for a county law library, is amended by adding at the end thereof a new subsection (f) to read as follows:
"(f) The sums provided for in subsection (a) of this Code section for actions, cases, or proceedings civil in nature which are filed in the superior courts shall be collected in accor dance with the provisions of subsection (b) of Code Section 15-6-77."
Section 7. Article 2 of Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting motor vehicle accidents and giving security for damages, is amended by striking Code Section 40-9-40, relating to a check of court records for pending actions or unsatisfied judgments and certificates of clerks, and inserting in lieu thereof a new Code Section 40-9-40 to read as follows:
"40-9-40. At the end of the expiration of one year from the date of the accident or one year from the date of the suspension under this chapter, the clerk, or the judge if there is no clerk, of any court of this state having jurisdiction over civil cases shall, upon request of an operator or owner or an authorized representative of either, check the records of such court and furnish such operator or owner or authorized representative with a certificate showing whether or not there is an action at law pending or an unsatisfied judgment on file against such operator or owner arising out of the accident which necessitated the depositing of se curity or on which the suspension was based. The fee for providing such certificate shall be as provided in Code Section 15-6-77 and shall be paid by the party requesting the certificate."
Section 8. Code Section 44-2-210 of the Official Code of Georgia Annotated, relating to fees payable under Article 2 of Chapter 2 of Title 44, known as "The Land Registration Law," is amended by striking subsection (d) of said Code section, which reads as follows:
"(d) With each application for initial registration, the applicant shall deposit with the clerk the sum of $20.00 as a deposit to guarantee costs and may, from time to time, be required by the court to make additional deposits. The clerk shall not be required to enter

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any notation, entry, or registration upon the register of title or the owner's certificate unless the fees prescribed therefor are paid to him.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) Upon filing each application for initial registration, the applicant shall pay to the clerk the fee for civil cases as provided in Code Section 15-6-77."
Section 9. Part 13 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to the registration of liens for federal taxes, is amended by striking Code Section 44-14-574, relating to fees for filing and indexing such liens, which reads as follows:
"44-14-574. (a) The fee for filing and indexing each notice of a lien or certificate or notice affecting the tax lien shall be as required by paragraph (8) of subsection (d) of Code Section 15-6-77.
(b) The officer shall bill the district directors of internal revenue on a monthly basis for fees for documents filed by them.",
and inserting in lieu thereof a new Code Section 44-14-574 to read as follows:
"44-14-574. The fee for filing and indexing each notice of a lien or certificate or notice affecting a tax lien shall be as provided in subsection (f) of Code Section 15-6-77."
Section 10. Code Section 46-5-100 of the Official Code of Georgia Annotated, relating to fees under Part 3 of Article 2 of Chapter 5 of Title 46, known as the "Rural Telephone Cooperative Act," is amended by striking subsection (a) of said Code section, which reads as follows:
"(a) Each cooperative shall be charged by the clerk of superior court the fees specified in paragraph (12) of subsection (d) of Code Section 15-6-77 for the filing of incorporation proceedings.",
and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Each cooperative shall be charged by the clerk of the superior court the fee as provided in subsection (g) of Code Section 15-6-77 for the filing of incorporation proceedings."
Section 11. This Act shall become effective on July 1, 1991.
Section 12. 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 Clay Coleman Collins

Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable

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Newbill Olmstead Perdue Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Steinberg

Tate Thompson Timmons Turner Tysinger White

Voting in the negative was Senator Shumake.

Those not voting were Senators:

Garner Moye Perry

Starr Taylor

Walker of 22nd 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.

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

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 House substitute to SB 94 was as follows:

A BILL
To be entitled an Act to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, so as to define a certain term; to change the composition of such authority; to provide for the appointment of an executive director of such authority; to amend the powers and duties of such authority; to provide a statement of policy; 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 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to the Georgia Hazardous Waste Management Authority, is amended by inserting following paragraph (3) of Code Section 12-8-101, relating to definitions applicable to such article, a new paragraph (4) to read as follows:
"(4) 'Source reduction' means one or a combination of two or more of the following: programs and activities which encourage or facilitate the substitution of nonhazardous or less hazardous materials for hazardous materials in processes which generate hazardous waste; programs or activities which encourage or facilitate changes in processes which gener ate hazardous waste so as to reduce the volume and toxicity of hazardous waste generated; programs or activities which encourage or facilitate reuse and recycling of generated hazard ous waste; and other programs and activities which may encourage or facilitate a reduction in the volume of hazardous waste generated or which requires disposal, such programs or activities to include, but not be limited to, technical assistance, process and materials au dits, promotion of markets for waste, education and information programs, and recommen dation of changes in the treatment of hazardous waste so as to further reduce potential contamination of the environment."

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Section 2. Said article is further amended by striking in its entirety subsection (b) of Code Section 12-8-102, relating to the creation and composition of such authority, 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 and neither of whom is employed by, is personally under contract to, or has a substantial financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a significant component of the business of such entity;
(2) Two appointees of the Lieutenant Governor, neither of whom is the Attorney Gen eral and neither of whom is employed by, is personally under contract to, or has a substan tial financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a significant component of the business of such entity;
(3) Eight appointees of the Governor, none of whom is the Attorney General and at least five of whom are generally knowledgeable in one or more areas of environmental pro tection, the environment or natural resources, or are engaged in a scientific or academic endeavor which is related to the environment including, but not limited to, biology, chemis try, biochemistry, physics, geology, hydrogeology, law, or waste management and none of whom is employed by, is personally under contract to, or has a substantial financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a significant component of the business of such entity;
(4) 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 and none of whom is employed by, is personally under contract to, or has a substantial

MONDAY, MARCH 11, 1991

1725

financial interest in any entity which provides existing or proposed treatment, storage, or disposal facilities for hazardous waste where such treatment, storage, or disposal is a signifi cant component of the business of such entity. 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."
Section 3. Said article is further amended by striking in its entirety subsection (c) of said Code Section 12-8-102 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 office prior to the fulfillment of such member's term, the appropriate appointing official shall appoint someone to serve out that term."
Section 4. Said article is further amended by inserting at the end thereof a new subsec tion (g) of said Code Section 12-8-102 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 natural resources."
Section 5. Said article is further amended by striking in its entirety paragraph (7) of Code Section 12-8-103, relating to the powers and duties of such authority, and inserting in lieu thereof a new paragraph (7) to read as follows:
"(7) To accept loans or grants of money or materials or property of any kind from the United States of America or the State of Georgia or any agency or instrumentality thereof or any public or private entity, upon such terms and conditions as the United States of America or the State of Georgia or such agency or instrumentality thereof or such public or private entity may impose;".
Section 6. Said article is further amended by striking in its entirety Code Section 12-8112.1, relating to a statement of state policy, which reads as follows:
"12-8-112.1. It is the policy of the State of Georgia to encourage generators of hazard ous waste to minimize to the greatest extent possible the amount of hazardous waste which requires treatment, storage, or disposal through reuse, recycling, source substitution, treat ment, and other methods. The authority shall promote hazardous waste minimization ef forts among generators of hazardous waste and shall work with the department to encourage hazardous waste minimization. The authority is authorized to charge for the use of its facili ties and its services so as to further this policy.",
and inserting in lieu thereof the following:
"12-8-112.1. It is the policy of the State of Georgia that priority in state hazardous waste management programs be given to source reduction. The authority shall plan and develop programs and activities to encourage and facilitate source reduction efforts. The authority is authorized to charge for the use of its facilities and its services so as to further this policy."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 94.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton
Cky Xf.man Dawkfns
DDeeaaln Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill
Hooks Huggins John80n
LKaidngdford Marable Moye Newbill Olmstead Perdue

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson
Scott Shumake Steinberg
TThatoempson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Bowen

Ray

Garner

Starr

Perry

Taylor Walker of 43rd

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 94.

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

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.

Senator Dawkins of the 45th moved that the Senate insist upon the Senate substitute to HB 63.

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 63.

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

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.

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1727

The House substitute to SB 39 was as follows:
A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card; to prohibit a merchant from using a purchaser's credit card to imprint information on a check or draft of the purchase as a condition of acceptance of such check or draft; to prohibit a merchant from recording a purchaser's credit card number on a check or draft as a condition of acceptance of a purchaser's check or draft; to provide a definition; to provide that a merchant is not prohibited from recording a credit card number and expiration date as a condition to cash ing or accepting a check under certain conditions involving an agreement between the merchant and credit card issuer; to provide a penalty; to provide for cease and desist orders with respect to the violation of certain provisions of law relating to health spas; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by adding im mediately following Code Section 10-1-393.2 a new Code section, to be designated Code Section 10-1-393.3, to read as follows:
"10-1-393.3. (a) As used in this Code section, the term 'merchant' means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.
(b) A merchant shall be prohibited from requiring a purchaser to provide the pur chaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card.
(c) A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase.
(d) A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card on a check or draft as a condition of acceptance of a check or draft of the purchaser as payment for a purchase.
(e) Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part.
(f) This Code section shall not prohibit a merchant from recording a credit card number and expiration date as a condition to cashing or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all card holder checks cashed or accepted by the merchant."
Section 2. Said part is further amended by striking the introductory language of subsec tion (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or civil penalties, and inserting in lieu thereof new introductory language to read as follows:
"(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, Code Sec tion 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he may:".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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JOURNAL OF THE SENATE

Senator Turner of the 8th moved that the Senate disagree to the House substitute to SB 39.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 39.
The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
HR 288. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others:
Senate Sponsor: Senator Dawkins of the 45th.
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; to repeal the requirement that the composition of local boards of education only be accomplished pursuant to local law; to provide for the 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 VIII, Section V of the Constitution is amended by striking in its en tirety Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law."
Section 2. Said article and section is further amended by striking in its entirety Para graph III and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. School superintendents. There shall be a school superintendent of each system appointed by the board of education who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law. Any elected school superintendent in office on January 1, 1993, shall continue to serve out the remainder of his or her respective term of office and shall be replaced by an ap pointee of the board of education at the expiration of such term."
Section 3. Said article and section is further amended by striking in its entirety Para graph IV which reads as follows:
"Paragraph IV. Changes in school boards and superintendent, (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected to be conditioned on the approval of the voters as herein required.
(b) School systems which are authorized on June 30,1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do
and inserting in lieu thereof the following:
"Paragraph IV. Reserved."
Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

MONDAY, MARCH 11, 1991

1729

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 local boards of education be elected, that local school superintendents be appointed by an elected board of education, and for the repeal of inconsistent provisions?"

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 Education offered the following substitute to HR 288:

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; to repeal the requirement that the composition of local boards of education only be accomplished pursuant to local law; to provide for the 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 VIII, Section V of the Constitution is amended by striking in its en tirety Paragraph II and inserting in lieu thereof a new Paragraph II to read as follows:
"Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law. Any board of education to which the members are appointed as of January 1, 1993, shall continue as an appointed board of education through December 31,1993, on which date the terms of office of all appointed members shall end."
Section 2. Said article and section is further amended by striking in its entirety Para graph III and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. School superintendents. There shall be a school superintendent of each system appointed by the board of education who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law. Any elected school superintendent in office on January 1, 1993, shall continue to serve out the remainder of his or her respective term of office and shall be replaced by an ap pointee of the board of education at the expiration of such term."
Section 3. Said article and section is further amended by striking in its entirety Para graph IV which reads as follows:
"Paragraph IV. Changes in school boards and superintendent, (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30,1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected. It shall not be necessary for a local law which reapportions election districts from which members of a local board of education are elected to be conditioned on the approval of the voters as herein required.
(b) School systems which are authorized on June 30,1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do

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and inserting in lieu thereof the following:

"Paragraph IV. Reserved."

Section 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that local boards of education be elected, that local school superintendents be appointed by an elected board of education, and for the repeal of inconsistent provisions?"

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.

Senators Deal of the 49th, Henson of the 55th and Foster of the 50th offered the follow ing amendment:

Amend the substitute to HR 288 offered by the Senate Committee on Education by striking "January 1, 1993," and inserting in lieu thereof "December 31, 1992," on line 22 of page 1.
By adding following "1993," on line 23 of page 1 the following:
"and the appointed members of such board of education who are in office on December 31, 1992, shall continue in office as members of such appointed board until December 31, 1993,".

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

On the adoption of the substitute, the yeas were 41, 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 Bishop Bowen Broun Burton Clay Dawkins Deal Dean Echols Edge Egan

English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd

Langford Marable Newbill Olmstead Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake

MONDAY, MARCH 11, 1991

1731

Steinberg
Tate Taylor

Thompson
Turner Tysinger

Walker of 22nd White

Those voting in the negative were Senators:

Baldwin

Collins

Stair

Those not voting were Senators:

Coleman Moye

Perry Scott

Timmons Walker of 43rd

On the adoption of the resolution, the yeas were 47, nays 3.

The resolution, having received the requisite two-thirds 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 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.
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop
Bowen ^oun Burton
rLCJoo5llelLimnsann Dawkins j)eaj Dean Echols Edge Egan English

Gillis Hammill Harris Hasty
Henson Hill Hooks
^ HT u,gngsionns Kidd Langford Marable Newbill Olmstead Perdue Phillips

Pollard Ragan of 10th Ragan of 32nd Ray
Robinson Scott Shumake
SS...tteair.nrb, erg Tate Taylor Thompson Timmons Turner Walker of 22nd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Foster Garner Moye

Perry Ramsey

Tysinger 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 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.
Senate Sponsor: Senator Deal of the 49th.
Senator Phillips of the 9th offered the following substitute to HB 360:
A BILL
To be entitled an Act 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 impan eling jurors; to prescribe the powers, duties, jurisdiction, privileges, and immunities of said judge; to prescribe the qualifications and prescribe the compensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties composing the Blue Ridge Judicial Circuit; to provide for official papers; to provide for the division of business among the three judges of the Blue Ridge Judicial Circuit of Georgia; to provide for the judge senior in term of continuous service to be the presiding judge, in whom shall be vested the power to make all appointments whenever the law provides for the superior court judge to make appointments; to provide for courtroom and chamber space; to provide for an additional court reporter for said circuit; to provide for statutory construction; 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; to provide for the initial appointment and for the election and term of office of said judge; to prescribe the powers, duties, dignitaries, jurisdiction, privi leges, and immunities of said judge; to prescribe the qualifications and prescribe the com pensation, salary, and expense allowance of said judge to be paid by the State of Georgia and the county composing the Gwinnett Judicial Circuit; to provide for official papers; to provide for the division of business among the six judges of the Gwinnett Judicial Circuit of Georgia; to provide for a presiding judge and for the powers thereof; to provide for drawing and impaneling jurors; to provide for an additional court reporter and the compensation thereof; to provide for courtroom, jury room, and chamber space; to provide for statutory construction; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking paragraph (6) which reads as follows:
"(6) Blue Ridge Circuit...............................................
and inserting in its place a new paragraph (6) to read as follows:
"(6) Blue Ridge Circuit..................................................... 3".
Section 2. One additional judge of the superior courts of the Blue Ridge Judicial Circuit is added, thereby increasing to three the number of judges of said circuit. The additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia shall be ap-

MONDAY, MARCH 11, 1991

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pointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and upon the election and qualification of a successor. At the general election to be held in 1992, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1993, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
Section 3. The additional judge of the superior courts for the Blue Ridge Judicial Cir cuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privi leges, and immunities of the present judges of the superior courts of this state. Any of the three judges of said courts may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law.
Section 4. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the counties of such cir cuit shall be the same as that of the other judges of the superior courts of the Blue Ridge Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the counties of said circuit of the salary of the judge of the superior courts of the Blue Ridge Judicial Circuit shall also be applicable to the additional judge provided for by Sections 1 through 3, this section, Sections 5 through 11, and subsection (a) of Section 23 of this Act.
Section 5. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Blue Ridge Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit.
Section 6. Upon and after qualifications of the additional judge of the superior courts for the Blue Ridge Judicial Circuit of Georgia, the three judges of said courts shall be au thorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior courts for the Blue Ridge Judicial Circuit, the decision of the senior judge in term of current continuous, uninterrupted service shall be controlling; provided, however, that in the event that any two or more of said judges were elected at the same time and neither of said judges is senior in term of service, the judge receiving the greatest number of votes in the election shall be deemed the senior judge.
Section 7. The judge of said courts, senior in term of current continuous, uninterrupted service as a judge of the superior courts, shall be the presiding judge of said courts in whom shall be vested the power to make all appointments whenever the law provides for the supe rior court judge to make appointments, except as provided in Section 6 of this Act.
Section 8. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior courts of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said courts so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
Section 9. The three judges of the Blue Ridge Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensa-

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JOURNAL OF THE SENATE

tion as they see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Blue Ridge Judicial Circuit as the same is now fixed or may hereafter be fixed.
Section 10. The governing authority of the counties comprising the Blue Ridge Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the three judges of the Blue Ridge Judicial Circuit upon the recommendation of said judges.
Section 11. Nothing enumerated in Sections 1 through 10, this section, and subsection (a) of Section 23 of this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 12. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by striking para graph (20) which reads as follows:
"(20) Gwinnett Circuit ...................................................... 5",
and inserting in its place a new paragraph (20) to read as follows:
"(20) Gwinnett Circuit ...................................................... 6".
Section 13. One additional judge of the superior courts of the Gwinnett Judicial Circuit is added, thereby increasing to six the number of judges of said circuit. The additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall be appointed by the Governor for a term beginning July 1, 1991, and expiring December 31, 1992, and upon the election and qualification of a successor. At the general election to be held in 1992, there shall be elected a successor to the first additional judge appointed as provided for above and he shall take office on the first day of January, 1993, and serve for a term of office of four years and until his successor is duly elected and qualified. All subsequent successors to such judge shall be elected at the general election conducted in the year in which the term of office shall expire for a term of office of four years and until his successor is duly elected and qualified. Said elections shall be held and conducted as is now or may hereafter be provided by law for the election of judges of the superior courts of the State of Georgia.
Section 14. The additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the six judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as pro vided by law.
Section 15. The qualifications of such additional judge and his successors shall be the same as are now provided by law for all other superior court judges, and his compensation, salary, and expense allowance from the State of Georgia and from the county of such circuit shall be the same as that of the other judges of the superior courts of the Gwinnett Judicial Circuit. The provisions, if any, heretofore enacted for the supplementation by the county of said circuit of the salary of the judge of the superior courts of the Gwinnett Judicial Circuit shall also be applicable to the additional judge provided for by Sections 12 through 14, this section, Sections 16 through 22, and subsection (b) of Section 23 of this Act.
Section 16. All writs, processes, orders, subpoenas, and any other official paper issuing out of the Superior Court of the Gwinnett Judicial Circuit of Georgia may bear teste in the name of any judge of said circuit and when issued by and in the name of any of said judges of said circuit, it shall be fully valid and may be held and determined before any judge of said circuit.
Section 17. Upon and after qualifications of the additional judge of the superior court for the Gwinnett Judicial Circuit of Georgia, the six judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the

MONDAY, MARCH 11, 1991

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effective transaction of business of the court; and in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between said judges affecting the duties and responsibilities of the judges of the superior court for the Gwinnett Judicial Circuit, the decision of the senior judge in term of current continuous, uninter rupted service shall be controlling.
Section 18. The judge of said court, senior in term of current continuous, uninterrupted service as a judge of the superior court, shall be the presiding judge of said court in whom shall be vested the power to make all appointments whenever the law provides for the supe rior court judge to make appointments, except as herein provided.
Section 19. The drawing and impaneling of all jurors, whether grand, petit, or special, may be by any of the judges of the superior court of said circuit; and they or any of them shall have full power and authority to draw and impanel jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time.
Section 20. The six judges of the Gwinnett Judicial Circuit shall be authorized and empowered to employ an additional court reporter for such duties and for such compensa tion as they see fit up to and including, but not exceeding, the remuneration of the present court reporters of the Gwinnett Judicial Circuit as the same is now fixed or may hereafter be fixed.
Section 21. The governing authority of the county comprising the Gwinnett Judicial Circuit is fully authorized and empowered to provide suitable courtrooms, jury rooms, and chambers for the six judges of the Gwinnett Judicial Circuit upon the recommendation of said judges.
Section 22. Nothing herein enumerated shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia.
Section 23. (a) For purposes of making the initial appointment of the third judge to fill the third judgeship created by Sections 1 through 11 of this Act and this subsection, Sec tions 1 through 11 of this Act and this subsection shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, Sections 1 through 11 of this Act and this subsection shall become effective July 1, 1991.
(b) For purposes of making the initial appointment of the sixth judge to fill the sixth judgeship created by Sections 12 through 22 of this Act and this subsection, Sections 12 through 22 of this Act and this subsection shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, Sections 12 through 22 of this Act and this subsection shall become effective July 1, 1991.
Section 24. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 360 would be suspended and placed on the Senate General Calendar.
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.
Senate Sponsor: Senator Bowen of the 13th.

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JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner

Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips

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:

Broun

Shumake

Walker of 22nd

Those not voting were Senators:

Deal Hasty

Moye

Walker of 43rd

On the passage of the bill, the yeas were 49, nays 3.

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

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.
Senate Sponsors: Senators Walker of the 43rd and Kidd of the 25th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen

Broun Burton Clay Coleman

Collins Dawkins Deal Dean

MONDAY, MARCH 11, 1991

1737

Echols Edge Egan Foster Garner GHialmlismill
Harris Hasty Henson Hill Hooks Huggins

Johnson Kidd Langford Marable Newbill POelmrdsuteead
Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Shumake Stair SQt. em. b, erg
Thompson Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Bishop English

Moye Taylor

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.

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.
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
Bro"n Burton
Seman
Collins Dawkins Deal Dean Echols Edge Egan English

Foster Garner Gillis Hammill Harris
Hasty Henson
Hooks
Huggins Johnson Kidd Marable Newbill Olmstead Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey Rav
Robinson Starr
?einberg
i,at* Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Langford Moye

Phillips Scott

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.

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.
Senate Sponsor: Senator Collins of the 17th.
The Senate Committee on Public Safety offered the following substitute to HB 358:
A BILL
To be entitled an Act 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 defensive 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; to provide that the Department of Human Resources shall provide a menu of approved DUI alcohol or drug use risk reduction programs from which program providers may choose; to provide for the direct purchase of such programs; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, is amended by adding a new subsection (e) to Code Section 40-582, relating to administration of defensive driving courses and DUI alcohol or drug use risk reduction programs, to read as follows:
"(e) The Department of Human Resources shall conduct a records check for any appli cant for certification as an operator or instructor of a DUI alcohol or drug use risk reduction program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Infor mation Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regard ing certification requirements, including restrictions regarding misdemeanor convictions."
Section 2. Said article is further amended by striking subsection (e) of Code Section 405-83, relating to establishment and approval of driver improvement clinics and DUI risk reduction programs, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI alcohol or drug use risk reduction programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and may provide the following combination of services: (1) the assessment and education/intervention components; (2) the assessment, education/inter-

MONDAY, MARCH 11, 1991

1739

vention, and intensive intervention components; or (3) the intensive intervention component only, provided that no DUI alcohol or drug use risk reduction program may offer the assess ment component alone or the education/intervention component alone. The Department of Human Resources is designated as the agency responsible for establishing rules and regula tions concerning the contents and duration of the components of DUI alcohol or drug use risk reduction programs, qualifications of instructors, certification fees, attendance require ments for students, examinations, and program evaluations. The department shall provide a menu of approved DUI alcohol or drug use risk reduction programs from which a public or private program provider may choose in providing the assessment, education/intervention, and intensive intervention components of such program. Any public or private provider of a DUI alcohol or drug use risk reduction program shall be authorized to purchase approved programs directly from the program developer. Approved DUI alcohol or drug use risk re duction programs shall charge a fee of $45.00 for the assessment component, $60.00 for the education/intervention component, $100.00 for the intensive intervention component, and an additional fee to be set by the Department of Human Resources for required student program materials. No DUI alcohol or drug use risk reduction program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI alcohol or drug use risk reduction program by the Department of Human Resources or its authorized agent. DUI alcohol or drug use risk reduction programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsection, in any polit ical subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs cur rently in existence which are operated by local county boards of health or any other govern mental entitites shall be authorized to continue operation. New public programs may be started in areas where no private DUI alcohol or drug use risk reduction programs have previously been made available to said community or where there have not been any prior applications to begin private DUI alcohol or drug use risk reduction programs in said com munity, provided that where a public governmental entity has previously applied to operate a DUI alcohol or drug use risk reduction program a subsequent application by a private entity to operate a private DUI alcohol or drug use risk reduction program shall not operate to prohibit the Department of Human Resources from approving the public program. The department shall revoke the permit for any program which has failed to open and begin offering the components of a DUI alcohol or drug use risk reduction program within 12 months after approval of the program or which has for any continuous 12 month period failed to offer the components of a DUI alcohol or drug use risk reduction program. No DUI alcohol or drug use risk reduction program which delivers the assessment component or the intensive intervention component will be approved unless such clinic agrees in writing to rebate to the state, for the costs of administration, a fee, for each offender assessed or each offender participating in intensive intervention, of $7.00, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and pro vided, further, that the Department of Human Resources shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such miscellaneous funds."
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:

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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

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 Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Deal Garner

Langford Moye

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 Senator Walker of the 43rd be excused from the Senate today due to illness.

On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Walker of the 43rd was excused from the Senate today.

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

HB 449. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd and others:
A bill to amend Chapter 4 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.
Senate Sponsor: Senator Starr of the 44th.

The Senate Committee on Judiciary offered the following substitute to HB 449:

A BILL
To be entitled an Act to amend Chapter 4 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 relationship between the parties; to provide for a written report in every incident of family violence investigated; to provide for the contents of such report; to provide for compilation of statis tics; to provide for review and copying of reports by defendants; to provide that reports

MONDAY, MARCH 11, 1991

1741

made when no arrest is made shall not be open to inspection; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrests of persons, is amended by adding a new Code Section 17-4-20.1 to read as follows:
"17-4-20.1. (a) Whenever a law enforcement officer responds to an incident in which an act of family violence, as defined in Code Section 19-13-1, has been committed, the officer shall not base the decision of whether to arrest and charge a person on the specific consent of the victim or on a request by the victim solely, or on consideration of the relationship of the parties. No officer investigating an incident of family violence shall threaten, suggest, or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention.
(b) Where complaints of family violence are received from two or more opposing par ties, the officer shall evaluate each complaint separately to attempt to determine who was the primary aggressor. If the officer determines that one of the parties was the primary physical aggressor, the officer shall not be required to arrest any other person believed to have committed an act of family violence during the incident. In determining whether a person is a primary physical aggressor, an officer shall consider:
(1) Prior family violence involving either party;
(2) The relative severity of the injuries inflicted on each person;
(3) The potential for future injury; and
(4) Whether one of the parties acted in self-defense.
(c) Whenever a law enforcement officer investigates an incident of family violence, whether or not an arrest is made, the officer shall prepare and submit to the supervisor or other designated person a separate written report of the incident entitled 'Family Violence Report.' The report shall include the following:
(1) Name of the parties;
(2) Relationship of the parties;
(3) Sex of the parties;
(4) Date of birth of the parties;
(5) Time, place, and date of the incident;
(6) Whether children were involved or whether the act of family violence was commit ted in the presence of children;
(7) Type and extent of the alleged abuse;
(8) Existence of substance abuse;
(9) Number and types of weapons involved;
(10) Existence of any prior court orders;
(11) Number of complaints involving persons who have filed previous complaints;
(12) Type of police action taken in disposition of case, the reasons for the officer's de termination that one party was the primary physical aggressor, and mitigating circum stances for why an arrest was not made;
(13) Whether the victim was apprised of available remedies and services; and
(14) Any other information that may be pertinent.
(d) The report provided for in subsection (c) of this Code section shall be considered as being made for statistical purposes only and where no arrests are made shall not be subject to the provisions of Article 4 of Chapter 18 of Title 50. However, upon request, a defendant

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JOURNAL OF THE SENATE

who has been arrested for an act of family violence shall be entitled to review and copy any report prepared in accordance with this Code section relating to the defendant.
(e) Each police department, including local precincts and county sheriff departments, shall report all family violence incidents, both arrests and nonarrests, to the Georgia Crime Information Center, which shall compile statistics of family violence crimes and cause them to be published annually in the Georgia Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting period."
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 CDoalwliknisns
DDeeaaln Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hill Hooks JHouhgngsionns
MKiadrdable Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Shumake gtarr So*temvvb,erg
JIahtoempson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Coleman Langford

Moye Ray

Taylor Walker of 43rd (excused)

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 bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

MONDAY, MARCH 11, 1991

1743

The House substitute to SB 72 was as follows:

A BILL
To be entitled an Act to amend Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, so as to change the definition of such offense; to provide that a public official who directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value for himself or herself or any other person or entity by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action commits the offense of bribery; to pro vide penalties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to abuse of governmental office, is amended by striking in its entirety Code Section 16-10-2, relating to the offense of bribery, and inserting in lieu thereof a new Code Section 16-10-2 to read as follows:
"16-10-2. (a) A person commits the offense of bribery when:
(1) He or she gives or offers to give to any person acting for or on behalf of the state or any political subdivision thereof, or of any agency of either, any benefit, reward, or consider ation to which he or she is not entitled with the purpose of influencing him or her in the performance of any act related to the functions of his or her office or employment; or
(2) A public official, elected or appointed, or an employee of this state or any agency, authority, or entity of the state, or any county or municipality or any agency, authority, or entity thereof, directly or indirectly solicits, receives, accepts, or agrees to receive a thing of value by inducing the reasonable belief that the giving of the thing will influence his or her performance or failure to perform any official action.
(b) A person convicted of the offense of bribery shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than 20 years, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 72.

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 |roun
urton Co*y ng
DDaewalkins Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty
Henson Hill
Hooks Huggins
Kldd Marable Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey
Robinson Shumake
Starr Steinberg
Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman Garner Langford

Moye Ray

Scott Walker of 43rd (excused)

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 72.

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

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.
Senate Sponsor: Senator Tate of the 38th.

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

On 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
rCC^ooolllemimnosann Dawkins Deal Dean Echols Edge English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks
iHTu, ggsionns .
Marable Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
CSS, tJheum.mb,aekreg Tate Thompson Timmons Turner Tysinger Walker of 22nd White

Voting in the negative was Senator Egan.

Those not voting were Senators:

Garner Langford

Moye Starr

Taylor Walker of 43rd (excused)

On the passage of the bill, the yeas were 49, nays 1.

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

MONDAY, MARCH 11, 1991

1745

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.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 814 by striking from line 10 of page 2 the following: "July 4, 1996", and inserting in lieu thereof the following: "December 31, 1993".

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:

Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster

Garner 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 Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Albert Hammill

Langford Walker of 22nd

Walker of 43rd (excused)

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

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

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JOURNAL OF THE SENATE

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.
Senate Sponsor: Senator Pollard of the 24th.
The Senate Committee on Insurance and Labor offered the following substitute to HB 776:
A BILL
To be entitled an Act 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 and certain self-insured plans providing health, dental, short-term disability, or workers' compensation benefits; to provide a definition; to provide exceptions; to provide for licenses and renewals; to provide for applications and fees; to provide for grounds for refusal, suspension, or revocation of a license; to provide for hearings and ap peals; to provide for surety bonds; to provide for examinations; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters, is amended by adding following Article 2 a new Article 3 to read as follows:
"ARTICLE 3
33-23-100. As used in this article, the term 'administrator' means any person who col lects charges, fees, or premiums from, or who adjusts or settles claims on, residents of this state in connection with life or accident and sickness insurance coverage or annuities; selfinsured plans providing health, dental, or short-term disability benefits; and self-insured plans providing workers' compensation benefits pursuant to Chapter 9 of Title 34 other than any of the following entities as long as such entities are acting directly through their officers and employees:
(1) An employer on behalf of its employees or the employees of one or more subsidiary or affiliated corporations of such employer;
(2) A union on behalf of its members;
(3) An insurance company licensed in this state or its affiliate;
(4) An insurer which is not authorized to transact insurance in this state if such insurer is administering a policy lawfully issued by it in and pursuant to the laws of a state in which it is authorized to transact insurance;
(5) A life or accident and sickness insurance agent or broker licensed in this state whose activities are limited exclusively to the sale of insurance;
(6) A creditor on behalf of its debtors with respect to insurance covering a debt between the creditor and its debtors;
(7) A trust established in conformity with 29 U.S.C. Section 186 and its trustees, agents, and employees acting thereunder;
(8) A trust exempt from taxation under Section 501(a) of the Internal Revenue Code and its trustees and employees acting thereunder or a custodian and its agents and employ ees acting pursuant to a custodian account which meets the requirements of Section 401 (f) of the Internal Revenue Code;

MONDAY, MARCH 11, 1991

1747

(9) A bank, credit union, or other financial institution which is subject to supervision or examination by federal or state banking authorities;
(10) A credit card issuing company which advances for and collects premiums or charges from its credit card holders who have authorized it to do so, provided such company does not adjust or settle claims; or
(11) A person who adjusts or settles claims in the normal course of his practice or em ployment as an attorney and who does not collect charges or premiums in connection with life or accident and sickness insurance coverage or annuities.
33-23-101. (a) No person shall act as or hold himself out to be an administrator in this state, other than an adjuster licensed in this state for the kinds of business for which he is acting as an administrator, unless such person holds a license as an administrator issued by the Commissioner. The license shall be renewable for such term and in such manner as the Commissioner may prescribe by rule or regulation. Failure to hold such license shall subject the administrator to the fines and other appropriate penalties as provided in Chapter 2 of this title.
(b) An application for an administrator's license or an application for renewal of such license shall be accompanied by a filing fee to be prescribed by rule or regulation of the Commissioner.
(c) A license may be refused or a license duly issued may be suspended or revoked or the renewal of such license refused by the Commissioner if, after notice and hearing as provided in subsection (d) of this Code section, he finds that the applicant for or holder of the license:
(1) Has violated any provision of this title or of any other law of this state relating to insurance as defined in this chapter or relating to another type of insurance;
(2) Has intentionally misrepresented or concealed any material fact in the application for the license;
(3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud;
(4) Has misappropriated, converted to his own use, or illegally withheld money belong ing to an insurer or an insured or beneficiary;
(5) Has committed fraudulent or dishonest practices;
(6) Has materially misrepresented the terms and conditions of insurance policies or contracts;
(7) Has failed to comply with or has violated any proper order, rule, or regulation issued by the Commissioner;
(8) Is not in good faith carrying on business as an administrator; or
(9) Has shown lack of trustworthiness or lack of competence to act as an administrator.
(d) Before any administrator's license shall be suspended or revoked or the renewal of the license refused as prescribed under this Code section, the Commissioner shall give notice of his intention to do so, by registered or certified mail to the applicant for or holder of the license; and the Commissioner shall set a date not less than 20 days from the date of mailing the notice when the applicant or licensee may appear to be heard and produce evidence. In the conduct of the hearing, the Commissioner or any deputy commissioner specially desig nated by him for that purpose shall have power to administer oaths, to require the appear ance of and examine any person under oath, and to require the production of books, records, or papers relevant to the inquiry upon his own initiative or upon request of the applicant or licensee. Upon the conclusion of the hearing, findings shall be reduced to writing and, upon approval by the Commissioner, shall be filed in his office and notice of the findings sent by registered or certified mail to the applicant or licensee.

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JOURNAL OF THE SENATE

(e) No licensee whose license has been revoked as prescribed under this Code section shall be entitled to file another application for a license within two years from the effective date of the revocation or, if judicial review of such revocation is sought, within two years from the date of final court order or decree affirming the revocation. The application when filed may be refused by the Commissioner unless the applicant shows good cause why the revocation of his license shall not be deemed a bar to the issuance of a new license.
(f) Any applicant whose application for an administrator's license has been rejected for any reason enumerated in paragraphs (1) through (9) of subsection (a) of this Code section, upon request therefor in writing within ten days after notice of such rejection, shall be enti tled to a hearing as provided for by this Code section; and the procedure set forth by this Code section shall apply to the same.
(g) Appeal from any order or decision of the Commissioner made pursuant to this arti cle shall be taken as provided in Chapter 2 of this title.
(h) The Commissioner may impose, by rule or regulation, additional reasonable qualifi cations necessary to obtain a license as an administrator.
33-23-102. (a) Every applicant for an administrator's license shall file with the applica tion and shall thereafter maintain in force while so licensed a bond in favor of the Commis sioner executed by a corporate surety insurer authorized to transact insurance in this state. The terms and type of the bond, including, but not limited to, total aggregate liability on the bond shall be established by the rule or regulation of the Commissioner.
(b) The bond shall remain in force until the surety is released from liability by the Commissioner or until the bond is canceled by the surety. Without prejudice to any liability accrued prior to cancellation, the surety may cancel the bond upon 30 days' advance notice, in writing, filed with the Commissioner.
33-23-103. Administrators shall be subject to examination by the Commissioner in the same manner as insurance agents and adjusters in accordance with Chapter 2 of this title.
33-23-104. Requirements and procedures for written agreements, payments to adminis trators, maintenance of information, approval of advertising, underwriting provisions, pre mium collection, payment of claims, claim adjustment or settlement, notifications, and other matters involving administrators, may be established by rule or regulation of the Commissioner.
33-23-105. The Commissioner may promulgate rules and regulations which are neces sary to implement the provisions of this article and to ensure the safe and proper operation of administrators of this state."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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:

Alien
Baldwin Bishop Broun
Burton Clay Collins

Dawkins
Deal Dean Echols
Edge Egan English

Foster
Garner Gillis Hammill
Harris Hasty Henson

MONDAY, MARCH 11, 1991

1749

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 White

Those not voting were Senators:

Albert Bowen

Coleman Langford

Walker of 43rd (excused)

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

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

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

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 House amendment was as follows:

Amend SB 68 by striking lines 19 through 21 of page 2 and inserting in their place the following:
"(8) Any other similar activity of daily living."

Senator Hammill of the 3rd moved that the Senate agree to the House amendment to SB 68.

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 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

1750

JOURNAL OF THE SENATE

Ragan of 10th Ragan of 32nd RRaamy sey
Robinson
Scott

Shumake Starr TStaetienberg
Taylor
Thompson

Timmons Turner Tlyvssmingeeerr
Walker of 22nd
White

Those not voting were Senators:

Bowen

Langford

Walker of 43rd (excused)

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 68.

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

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 House substitute to SB 87 was as follows:

A BILL
To be entitled an Act to amend Code Section 31-8-52 of the Official Code of Georgia Annotated, relating to establishment of a long-term care ombudsman program, so as to make provision for the Office of Aging Section of the Department of Human Resources to operate the long-term care ombudsman program either directly or by contract or other ar rangement with an appropriate public agency or an appropriate private nonprofit organiza tion; 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 under certain conditions; to repeal conflict ing laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 31-8-52 of the Official Code of Georgia Annotated, relating to establishment of a long-term care ombudsman program, is amended by striking said Code section in its entirety and inserting in lieu thereof a new Code Section 31-8-52 to read as follows:
"31-8-52. Pursuant to the Older Americans Act of 1965 (P.L. 89-73, 79 Stat. 219), as amended, and as a condition of receiving funds under that act for various programs for older citizens of this state, the Department of Human Resources has been required to establish and operate a long-term care ombudsman program. The Office of Aging Section of the De partment of Human Resources shall operate the long-term care ombudsman program, either directly or by contract or other agreement with an appropriate public agency or other ap propriate private nonprofit organization, other than (1) a public agency, including the Office of Regulatory Services Section of the Department of Human Resources, which is responsible for licensing or certifying long-term care services; (2) an association or an affiliate of an association of long-term care facilities; or (3) a public or private agency or an affiliate of such an organization which is primarily engaged in the provision of legal assistance or legal services, including, but not limited to, any grantee under the Legal Services Corporation Act (P.L. 88-452, 88 Stat. 378), as amended. The state ombudsman shall be under the direct supervision of the commissioner or his designee and shall be given the powers and duties hereafter provided by this article. The state ombudsman shall be a person qualified by

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training and experience in the field of aging or long-term care, or both. The state ombudsman shall promote the well-being and quality of life of residents in long-term care facilities and encourage the development of community ombudsman activities at the local level. The state ombudsman may certify community ombudsmen and such certified ombudsmen shall have the powers and duties set forth in Code Sections 31-8-54 and 31-855. The state ombudsman shall require such community ombudsmen to receive appropriate training as determined and approved by the department prior to certification. Such training shall include an internship in a long-term care facility. Upon certification, the state ombudsman shall issue an identification card which shall be presented upon request by community ombudsmen whenever needed to carry out the purposes of this article. Two years after first being certified and every two years thereafter, each such community ombudsman, in order to carry out his duties under this article, shall be recertified by the state ombudsman as continuing to meet the department's standards as community ombudsman."
Section 2. Code Section 31-33-2 of the Official Code of Georgia Annotated, relating to 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 such review and has no legal guardian, then, one of the state long-term care ombudsmen, which shall include community long-term care ombudsman programs, shall have appropriate access to the pa tient's medical and social records."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Steinberg of the 42nd moved that the Senate disagree to the House substitute to SB 87.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 87.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.

Senator Garner of the 30th moved that the Senate insist upon the Senate substitute to HB 272.
On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 272.

1752

JOURNAL OF THE SENATE

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

HB 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.
Senate Sponsor: Senator Dawkins of the 45th.

Senator Dawkins of the 45th offered the following amendment:

Amend HB 792 by deleting the word "consolidated" found on page two, line thirteen, and inserting in lieu thereof the word "area".

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 Bishop Bowen Broun Burton Clay Coleman 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 Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Voting in the negative was Senator Collins.

Those not voting were Senators:

Langford

Starr

Pollard

Walker of 43rd (excused)

On the passage of the bill, the yeas were 51, nays 1.

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

MONDAY, MARCH 11, 1991

1753

The following general bill of the House, having been withdrawn from the Senate Com mittee on Governmental Operations on March 7 and committed to the Senate Committee on Special Judiciary and favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Committee on Special Judiciary offered the following substitute to HB 437:
A BILL
To be entitled an Act 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 athletic injury; to revise the definition of athletic trainer; to revise the residency requirement applicable to members of the Georgia Board of Athletic Trainers; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 43 of the Official Code of Georgia Annotated, relating to athletic trainers, is amended by striking Code Section 43-5-1, relating to definitions, in its entirety and inserting in its place a new Code Section 43-5-1 to read as follows:
"43-5-1. As used in this chapter, the term:
(1) 'Athletic injury' means any injury sustained by a person as a result of such person's participation in exercises, sports, games, or recreation requiring physical strength, agility, flexibility, range of motion, speed, or stamina or any comparable injury which prevents such person from participating in such activities.
(2) 'Athletic trainer' means a person with specific qualifications, as set forth in Code Section 43-5-8 who, upon the advice and consent of a physician, carries out the practice of prevention, recognition, evaluation, management, disposition, treatment, or rehabilitation of athletic injuries; and, in carrying out these functions, the athletic trainer is authorized to use physical modalities, such as heat, light, sound, cold, electricity, or mechanical devices related to prevention, recognition, evaluation, management, disposition, rehabilitation, and treatment. The term 'athletic trainer' shall not include any student, teacher, or other person who serves as an athletic trainer for an elementary school or high school, either public or private, within this state.
(3) 'Board' means the Georgia Board of Athletic Trainers."
Section 2. Said chapter is further amended by striking subsection (a) of Code Section 43-5-2, relating to the Georgia Board of Athletic Trainers, and inserting in its place a new subsection (a) to read as follows:
"(a) The Georgia Board of Athletic Trainers, composed of four members who shall be appointed by the Governor and confirmed by the Senate, is created. To qualify as a mem ber, a person must be a citizen of the United States and a resident of this state. Two mem bers must be athletic trainers, one member must be a physician licensed by the state, and one member shall be appointed from the public at large and shall have no connection what soever with the practice or profession of athletic training."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

1754

JOURNAL OF THE SENATE

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen
Broun Burton Clay
Coleman Deal
Dean Echols Edge
Egan English

Foster 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
Starr Steinberg
Tate Taylor Thompson
Turner White

Voting in the negative was Senator Collins.

Those not voting were Senators:

Dawkins Garner
Gillis Langford

Phillips Shumake Timmons

Tysinger Walker of 22nd Walker of 43rd (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.

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

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 House amendment was as follows:

Amend SB 163 by inserting on line 9 of page 3 between the words "statement" and "shall" the following:
"shall be prepared by an independent certified public accountant and"
By inserting on line 23 of page 5 between the words "statement" and "shall" the following:
"shall be prepared by an independent certified public accountant and"

MONDAY, MARCH 11, 1991

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Senator Burton of the 5th moved that the Senate agree to the House amendment to SB 163.

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 Burton
Clay Coleman
Collins Dawkins Deal Dean
Echols Edge Egan

English Foster
Garner 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 Thompson
Turner Walker of 22nd White

Those not voting were Senators:

Gillis Langford Moye

Shumake Taylor Timmons

Tysinger Walker of 43rd (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 163.

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

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.
Senate Sponsor: Senator Harris of the 27th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen

Broun Burton Clay Coleman Collins

Dawkins Deal Dean Echols Edge

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JOURNAL OF THE SENATE

Egan English Foster
9.alnel...

Kidd Marable Moye
Newbill Olmstead Perdue

Ramsey Ray Robinson
Scott Starr Steinberg

Hooks Muggins Johnson

Phillips Pollard Ragan of 10th Ragan of 32nd

Thompson Timmons Turner White

Those not voting were Senators:

Gillis Langford Shumake

Taylor Tysinger

Walker of 22nd Walker of 43rd (excused)

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

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

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Urban and County Affairs offered the following substitute to HB 257:

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 specify additional duties of the county board of tax assessors in the event certain valuations are changed on appeals to the county board of equalization; to provide for other matters relative thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subparagraph (e)(6)(C) of Code Section 48-5-311, relating to county boards of equalization and appeals from assessments of county boards of tax assessors, and inserting in its place a new subparagraph (e)(6)(C) to read as follows:
"(C) (i) The decision of the county board of equalization shall be in writing, shall be signed by each member of the board, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of subsection (h) of this Code section, and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending a copy of the decision by registered or certified mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. Each

MONDAY, MARCH 11, 1991

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of the three members of the county board of equalization must be present and must partici pate in the deliberations on any appeal. A majority vote shall be required in any matter. All three members of the board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (f)(4)(B) of this Code section, the county board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county for the year in question and shall indicate such valuation as the previous year's value on the property tax notice of assessment of such tax payer for the immediately following year rather than substituting the valuation which was changed by the county board of equalization."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster

Garner Hammill Harris Hasty Hill Hooks Huggins Kidd Marable Moye Newbill Olms tead Perdue Perry Phillips Pollard

Those not voting were Senators:

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Walker of 22nd White

Broun English Gillis

Henson Johnson Langford

Taylor Tysinger Walker of 43rd (excused)

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

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

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JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
HB 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.
Senator Deal of the 49th moved that the Senate insist upon the Senate amendments to HB 245.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 245,
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 413 was as follows:
A BILL
To be entitled an Act to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, so as to provide for a chairman elected county wide and a board of commissioners consisting of six members elected from commissioner districts; to provide for elections and terms of office; to provide for vacancies; to provide certain election procedures; to provide for definitions; to provide for commissioner districts; to provide for the preservation of the terms of the current chair man and members of the board of commissioners; to provide for other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, is amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The board of commissioners of Gwinnett County shall consist of six members and a chairman.
(b) The chairman shall be elected by the qualified voters of the entire county and may reside in any commissioner district in Gwinnett County. The county chairman shall be elected by a majority vote.
(c) (1) Each candidate for membership on the board other than the chairman shall be a resident of the commissioner district which he offers to represent and shall be elected by the qualified voters of such district. The members of the board shall be elected by a majority

MONDAY, MARCH 11, 1991

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vote. For the purpose of electing members of the board of commissioners, Gwinnett County is divided into six commissioner districts as follows:
Commissioner District No. 1. Reserved.
Commissioner District No. 2. Reserved.
Commissioner District No. 3. Reserved.
Commissioner District No. 4. Reserved.
Commissioner District No. 5. Reserved.
Commissioner District No. 6. Reserved.
(2) As used in paragraph (1) of this subsection, the term 'precinct' refers to the precinct designated by the same number on the official precinct map of Gwinnett County filed by the election superintendent of Gwinnett County with the Secretary of State and on file in the office of the Secretary of State on January 1, 1992.
(3) Any part of Gwinnett County which is not included in any commissioner district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(d) (1) The members of the board of commissioners in office on January 1, 1992, repre senting former Commissioner Districts No. 1 and No. 3 and the chairman of the board of commissioners in office on January 1, 1992, or any person filling a vacancy in any office covered under this paragraph shall serve out the remainder of their terms of office, such terms expiring on December 31, 1992.
(2) The members of the board of commissioners in office on January 1, 1992, represent ing former Commissioner Districts No. 2 and No. 4 shall serve out the remainder of the term to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, a member of the board of commissioners shall be elected from Commissioner Districts No. 2 and No. 4 as provided in this Act. Each such commissioner, and the successor to each such commissioner, shall be elected and shall serve for a term of office of four years and until his successor is elected and qualified and shall take office on the first day of January next following his election.
(3) (A) At the general election to be held in November, 1992, members of the board shall be elected from Commissioner Districts No. 1, 3, 5, and 6. The members elected from Commissioner Districts No. 1, 3, and 5 shall take office on January 1, 1993, for terms of four years and until successors are elected and qualified. The member elected from Commis sioner District No. 6 shall take office on January 1, 1993, for a term of two years and until a successor is elected and qualified.
(B) Successors to the members who are elected as provided for in subparagraph (A) of this paragraph shall be elected at the general elections conducted in those years in which the respective terms of office shall expire, and they shall take office on the first day of Janu ary next following their election for terms of four years and until their successors are duly elected and qualified.
(4) At the general election to be held in November, 1992, and every four years thereaf ter, the chairman shall be elected by the qualified voters of the entire county as provided in this Act. The chairman, and each successor to such chairman, shall be elected and shall serve for a term of office of four years and until his successor is elected and qualified and shall take office on the first day of January next following his election.
(e) In the event a member moves such member's residence from the district the mem ber represents, that position on the board shall immediately become vacant.
(f) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'"

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JOURNAL OF THE SENATE

Section 2. (a) For the purpose of electing the chairman and the other members of the board of commissioners under this Act, Section 1 of this Act shall become effective January 1, 1992.
(b) For all other purposes, Section 1 of this Act shall become effective January 1, 1993.
(c) The remaining provisions of this Act shall become effective July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Phillips of the 9th moved that the Senate agree to the House substitute to SB 413 by the following substitute to SB 413 offered by Senators Phillips of the 9th and White of the 48th:
A BILL
To be entitled an Act to amend an Act creating the board of commissioners of Gwinnett County, approved January 31, 1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), so as to change the organization of the governing authority of Gwinnett County; to provide for a county chairman elected county wide and a board of commissioners consisting of seven members elected from commissioner districts at the general election of 1992 and thereafter; to provide for elections and terms of office; to provide for vacancies; to provide certain election procedures; to provide for defini tions; to provide for commissioner districts; to provide for the preservation of the terms of the current chairman and members of the board of commissioners; to provide for oaths of office and surety bonds; to provide for the compensation of the county chairman and mem bers of the board; to provide for powers, duties, and vacancies with respect to the county chairman; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the county chairman and members of the board of commissioners; to provide for formal bids for certain purchases; to provide for the appoint ment, removal, and compensation of employees and department heads; to provide qualifica tions for department heads; to provide for the internal organization of the county govern ment; to provide for the establishment or alteration of departments; to provide for the office of county manager and the duties of such officer; to provide for vacancies in the office of county manager; to provide qualifications for such office; to provide for the removal of the county manager; to provide for the preparation, submission, review, adoption, and amend ment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other matters relative to the foregoing; to pro vide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act creating the board of commissioners of Gwinnett County, approved January 31,1968 (Ga. L. 1968, p. 2003), as amended, particularly by an Act approved March 24, 1988 (Ga. L. 1988, p. 4658), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:
"Section 1. There is created in and for the County of Gwinnett a county chairman and board of commissioners to be elected and organized as provided in this Act. The county chairman, also known as the chairman of the board of commissioners, the county manager appointed by the county chairman, and the board of commissioners shall constitute the governing authority of Gwinnett County and shall exercise the powers, duties, and responsi bilities vested in and imposed upon such officers by this Act."
Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows:
"Section 3. (a) The county chairman shall be elected by the qualified voters of the entire county and may reside in any commissioner district in Gwinnett County. The county chairman shall be elected by a majority vote.

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(b) (1) On and after January 1, 1993, the board of commissioners of Gwinnett County shall consist of seven members. Each candidate for membership on the board shall be a resident of the commissioner district which he offers to represent and shall be elected by the qualified voters of such district. The members of the board shall be elected by a majority vote. For the purpose of electing members of the board of commissioners, Gwinnett County is divided into seven commissioner districts as follows:
Commissioner District No. 1. Reserved.
Commissioner District No. 2. Reserved.
Commissioner District No. 3. Reserved.
Commissioner District No. 4. Reserved.
Commissioner District No. 5. Reserved.
Commissioner District No. 6. Reserved.
Commissioner District No. 7. Reserved.
(2) As used in paragraph (1) of this subsection, the term 'precinct' refers to the precinct designated by the same number on the official precinct map of Gwinnett County filed by the election superintendent of Gwinnett County with the Secretary of State and on file in the office of the Secretary of State on January 1, 1992.
(3) Any part of Gwinnett County which is not included in any commissioner district described in this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia.
(c) (1) The members of the board of commissioners in office on January 1, 1992, repre senting former Commissioner Districts No. 1 and No. 3 and the chairman of the board of commissioners in office on January 1, 1992, or any person filling a vacancy in any office covered under this paragraph shall serve out the remainder of their terms of office, such terms expiring on December 31, 1992.
(2) The members of the board of commissioners in office on January 1, 1992, represent ing former Commissioner Districts No. 2 and No. 4 shall serve out the remainder of the term to which they were elected, such terms expiring on December 31, 1994. At the general election in 1994 and every four years thereafter, a member of the board of commissioners shall be elected from Commissioner Districts No. 2 and No. 4 as provided in this Act.
(3) (A) At the general election to be held in November, 1992, members of the board shall be elected from Commissioner Districts No. 1, 3, 5, 6, and 7. The members elected from Commissioner Districts No. 1, 3, 5, and 7 shall take office on January 1,1993, for terms of four years and until successors are elected and qualified. The member elected from Com missioner District No. 6 shall take office on January 1, 1993, for a term of two years and until a successor is elected and qualified.
(B) Successors to the members who are elected as provided for in subparagraph (A) of this paragraph shall be elected at the general elections conducted in those years in which the respective terms of office shall expire, and they shall take office on the first day of Janu ary next following their election for terms of four years and until their successors are duly elected and qualified.
(4) At the general election to be held in November, 1992, and every four years thereaf ter, the county chairman shall be elected by the qualified voters of the entire county as provided in this Act.
(d) In the event a member moves such member's residence from the district the mem ber represents, that position on the board shall immediately become vacant.
(e) All elections under this Act shall be held in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' "

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Section 3. Said Act is further amended by striking Sections 4 through 17 in their en tirety and inserting in lieu thereof new Sections 4 through 21 to read as follows:
"Section 4. (a) The county chairman shall be a citizen of this state, shall be a resident of Gwinnett County, shall hold no other elective or appointive public office, and shall not be authorized to serve as a full member of any county board, commission, or authority cre ated by local Act or by county ordinance.
(b) Members of the board of commissioners shall be citizens of this state who have been residents of their respective commissioner districts preceding their election, shall hold no other elective or appointive public office, and shall not be authorized to serve as a full mem ber of any county board, commission, or authority created by local Act or by county ordinance.
Section 5. In the event of a vacancy in the county chairman office or in the office of a member of the board of commissioners whose unexpired term exceeds 180 days, it shall be the duty of the board of elections to call a special election for the filling of such vacancy, which election shall be governed by the general laws of this state relating to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the judge of the probate court to fill a vacancy on the board by appoint ment of a qualified person meeting the residence requirements. With respect to a vacancy in the county chairman office, in the event such unexpired term does not exceed 180 days, the vice chairman shall fill such vacancy.
Section 6. Before entering upon the discharge of their duties, the county chairman and members of the board of commissioners shall subscribe an oath before the judge of the probate court for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. On and after January 1, 1993, in addition, the county chairman shall further give a satisfactory surety bond to be approved by the judge of the probate court and payable to the judge of the probate court or his successor in office and filed in the office of the judge of the probate court, in the sum of at least $100,000.00, condi tioned upon the faithful performance of the duties of the office. Each member of the board of commissioners shall give like bond in the sum of at least $25,000.00. The costs of such bonds shall be paid out of the county treasury.
Section 7. (a) Each member of the board of commissioners, other than the chairman, shall be paid as his entire compensation for services as such member a salary of $12,500.00 per year to be paid in equal installments out of the county treasury upon warrants drawn upon the county treasury. Prior to but not after January 1, 1992, each such member shall be reimbursed for actual expenses incurred in the performance of his duties as such member in an amount not to exceed $5,000.00 per year.
(b) (1) Except as otherwise provided in paragraph (2) of this subsection, the chairman shall receive as compensation a salary of $50,000.00 per year. Said salary shall be paid in equal installments out of the county treasury upon warrants drawn upon the county trea sury as other warrants are drawn. Prior to but not after January 1, 1993, the chairman shall be reimbursed for actual expenses incurred in the performance of duties as chairman of the commission in an amount not to exceed $7,000.00 per year.
(2) Effective January 1, 1993, the county chairman shall be paid an annual salary for services performed as the county chairman in an amount equal to 75 percent of the annual salary of a judge of the Superior Court of the Gwinnett Judicial Circuit plus an amount equal to 75 percent of the annual supplement paid to such judge by the governing authority of Gwinnett County. Such annual salary shall be payable in equal installments from the funds of Gwinnett County.
(c) (1) As used in this subsection, the term:
(A) 'Person* means an individual, a corporation, a partnership, a business trust, an asso ciation, a firm, or any other legal entity.
(B) 'Professional services' includes but is not limited to the practice of architecture, the

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practice of professional engineering; the practice of land surveying, the practice of landscape architecture, the practice of law, and consultant or professional study services. The term 'professional services' shall not include indigent defense services; medical services; educa tional and recreational instruction; counseling services; banking services; court reporting; medical examiner services; arbitration; investigation services, expert witnesses for criminal proceedings; or other professional services associated with judicial proceedings; veterinarian services; language translation services; funeral and burial services; drug testing; and preemployment psychological screenings. The term 'professional services' is not intended to in clude such services provided by county employees as part of their job duties, but rather is intended to include only such services provided on a nonemployee contractural basis.
(2) The board of commissioners shall prepare monthly and make available for public dissemination in the county legal organ and such other media as the board shall deem ap propriate an itemized account of all funds expended for professional services, except those services excluded under subparagraph (B) of paragraph (1) of this subsection. The account shall state the name of the person receiving county funds, the amount so received, and the professional service provided. If a vendor receives more than one payment during a month for the same type of professional service, then it shall be sufficient to publish the total of such payments.
Section 8. At the first regular meeting in January of each year, the board of commis sioners shall elect from its members a vice chairman. In the event of death, disqualification, or resignation of the county chairman, the vice chairman shall perform the duties and au thority of the county chairman until a new county chairman is chosen as provided in this Act. The vice chairman shall preside at meetings of the board of commissioners in the ab sence of the county chairman and shall serve for the current calendar year. In the event of a vacancy in the office of vice chairman, the board of commissioners shall elect a new vice chairman to serve for the remainder of the calendar year.
Section 9. The board of commissioners shall hold regular meetings on the first and third Tuesdays of each month at 10:00 A.M. and on the fourth Tuesday of each month at 7:00 P.M. Work sessions will be held on the second and fourth Tuesdays of each month at a time to be designated by the board of commissioners. At the evening meeting on the fourth Tues day, the board of commissioners shall hear applications for rezoning. These meetings, work sessions, and other meetings shall be at the county seat or such other location within the county as the board of commissioners designates and shall be open to the public. The board of commissioners shall be authorized to change the scheduled time of the regular meetings and the day and time of the work sessions by duly adopted resolution, provided that notice of such change shall be published in a newspaper of general circulation and in the official county organ for three weeks within a period of 60 days prior to the adoption of the resolu tion. The board of commissioners may hold such additional meetings as shall be necessary when called by the county chairman or a majority of the members of the board of commis sioners in accordance with Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings. No official action shall be taken by the board of commissioners except in a meeting which is open to the public. A majority of the members of the board of commission ers shall constitute a quorum; provided, however, that on and after January 1, 1993, five members shall constitute a quorum. No official action shall be taken except upon the affirm ative vote of a majority of the members of the commission.
Section 10. The county chairman shall be the chief elective officer of the county govern ment and shall:
(1) Maintain a full-time office in the administrative center;
(2) Preside at all public meetings and meetings of the board of county commissioners;
(3) Represent the county government at ceremonial functions;
(4) Be available to the constituency on a regular basis;
(5) Coordinate intergovernment activity among municipalities, other counties, and state and federal agencies;

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(6) Be empowered to submit legislation and motions to the board of commissioners for action;
(7) Take the lead role in initiating needs assessments, evaluation of county services, and policy development;
(8) Appoint department heads who are qualified to supervise their respective depart ments subject to board confirmation and be authorized to remove department heads without cause at any time and without board confirmation. The county chairman shall select a de partment head solely upon the person's executive and administrative qualifications with specific reference to actual experience in or knowledge of accepted practices in respect to the duties of the office. In his discretion, the county chairman may require any person ap pointed as a department head to hold a bachelor's degree in the department's related field and possess at least three years' experience in such field; or the county chairman may re quire any person appointed as a department head to hold a master's degree in the depart ment's related field and possess at least two years' experience in such field. No person shall be eligible for appointment as a department head who has been a candidate for any public office during the immediate preceding four-year period or who has been actively involved in any election of a candidate for the office of county chairman or the office of a member of the board of commissioners during the immediately preceding four-year period;
(9) Oversee the administration of the affairs of the county through the county manager;
(10) Prepare county budgets an deliver an annual state of the county address;
(11) Veto legislation, ordinances, or resolutions as authorized in this Act; and
(12) Except as otherwise provided in subsection (d) of Section 12 of this Act, execute all contracts or other agreements on behalf of the county.
Section 11. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies, rules, and regulations governing all matters reserved to its exclusive jurisdiction. Such policies, rules, and regula tions, when so adopted, with proper entry thereof made on the minutes of the board of commissioners, shall be conclusive and binding. The board of commissioners shall exercise only those administrative powers which are necessarily and properly incident to its func tions as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. The board of commissioners shall appoint subcommittees to carry out its duties and responsibilities and make reports to the entire board unless it is necessary for the entire board to act on a matter. The following powers are vested in the board of commissioners and reserved to its exclusive jurisdiction:
(1) To levy taxes;
(2) To make appropriations;
(3) To fix the rates of all other charges;
(4) To authorize the incurring of indebtedness;
(5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment;
(6) To establish, abolish, or change election precincts and militia districts according to law;
(7) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county;
(8) To exercise all powers, duties, and authority formerly imposed upon or vested in the commissioner of roads and revenues of Gwinnett County in respect to zoning and planning;
(9) To create and change the boundaries of special taxing districts authorized by law;
(10) To fix the bonds of county officers where same are not fixed by statute;

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(11) To enact any ordinances or other legislation which the county may be given au thority to enact;
(12) To call elections for the voting of bonds;
(13) Except for the powers of the county chairman provided in Section 10 of this Act and the powers of the county manager provided in Section 12 of this Act, to exercise all of the power and authority formerly vested by law in the board of commissioners of Gwinnett County together with the power and authority which may be delegated by law to the gov erning authority of the county, by whatever name designated;
(14) To appoint retained legal counsel and an independent county auditor and provide for their compensation;
(15) To pass budgets and any amendments thereto and fix a fiscal year;
(16) To appoint boards and commissions;
(17) To override vetoes of the county chairman as provided in this Act; and
(18) To question the county manager and department heads relative to the affairs of the county.
Section 12. (a) (1) There is re-created the office of county manager of Gwinnett County. The person serving as county manager for Gwinnett County on July 1, 1991, shall assume the position of county manager and shall serve in such position until a successor is ap pointed by the county chairman. The county manager shall be appointed by the county chairman to oversee the day-to-day operations of county government. The appointment of the county manager must be approved by a majority vote of the board of commissioners. The county manager shall serve at the pleasure of the county chairman and may be removed by such officer without cause at any time. No person shall be eligible for appointment to the office of county manager who has been a candidate for any public office during the immedi ately preceding four-year period or who has been actively involved in any election of a can didate for the office of county chairman or the office of a member of the board of commis sioners during the immediately preceding four-year period.
(2) In the case of a vacancy in the office of county manager, the county chairman shall be required to appoint a new county manager within 90 days following the vacancy. If such new county manager is not approved by a majority vote of the board of commissioners, the county chairman shall be required to appoint a new county manager within 30 days follow ing the rejection of his initial appointment to fill the vacancy. If the board of commissioners fails to approve such appointment, the county chairman shall continue to appoint a new county manager within 30 days following rejection by the board until a county manager is appointed and approved. The county chairman shall not again appoint any person to the office of county manager who has been once rejected by the board of commissioners follow ing a vacancy, provided that such a person shall be eligible for appointment to such office at any time following the filling of such vacancy.
(b) The county chairman shall select a person for the office of county manager solely upon the person's executive and administrative qualifications with specific reference to ac tual experience in or knowledge of accepted practices in respect to the duties of the office. In his discretion, the county chairman may require any person appointed to the office of county manager to hold a bachelor's degree in business and/or administration, accounting, finance, or related field and possess at least three years' experience as a county or city man ager or administrator or as an assistant county or city manager or administrator; or the county chairman may require any person appointed to the office of county manager to hold a master's degree in any of the aforementioned fields and possess at least two years' experi ence as a county or city manager or administrator or as an assistant county or city manager or administrator. The salary of the county manager shall be determined by the county chairman with the approval of the board, but such salary shall not exceed that of the county chairman.
(c) The county manager shall be the chief administrative officer of the county and shall

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be responsible to the county chairman for the proper and efficient administration of all the affairs of the county except as otherwise provided by law. In addition it shall be the duty of the county manager:
(1) To appoint and remove all officers and employees of the county other than depart ment heads which the county chairman has been heretofore empowered to appoint and dis charge, except the county attorney and the outside auditor who shall be appointed and re moved by the board of commissioners, except employees within the office of the board of commissioners or under the direct supervision of the board of commissioners, and except that deputies and employees of the elected county officers of Gwinnett County shall be sub ject to appointment, removal, supervision, and control of the respective elected county officers;
(2) To see that all laws and ordinances of the county are enforced;
(3) To exercise control over all departments or divisions of the county which the board has heretofore exercised or that may hereafter be created;
(4) To assist the county chairman in preparing and submitting to the board of commis sioners an annual budget and to assist the board of commissioners in making revisions to the budget as the board deems necessary;
(5) To keep the board of commissioners fully advised as to the financial condition and needs of said county;
(6) To supervise and direct the official conduct of all county officers and department heads appointed by the county chairman;
(7) To attend meetings of the board and answer questions from the board relative to the affairs of the county, provided he shall have no vote before the board;
(8) To be responsible for keeping all records of the board of county commissioners and for attesting to all signatures contained on documents of Gwinnett County or to delegate such responsibility to the county clerk; and
(9) To perform such other duties as may be required by the county chairman.
(d) (1) The county manager shall be the chief purchasing agent for the county, by whom all purchases of supplies and all contracts therefor shall be made. He shall counter sign with the county chairman or, in the absence of the county chairman from the county, the vice chairman of the board or, in the instance that both are absent from the county, any other commission member, checks and all vouchers for the payment of the same under such rules and regulations as the board may adopt, not inconsistent herewith. The board shall adopt rules for regulating purchases made by the county, and the county manager shall be governed thereby.
(2) Except as otherwise provided by general law, the county manager shall be directly responsible for the construction, maintenance, and priority of all roads and bridges under the jurisdiction of Gwinnett County; provided, however, that the opening or closing of roads or the construction of new roads shall be subject to the approval of the board.
(e) The county manager shall be required to execute and deliver a good and sufficient bond payable to Gwinnett County to be approved by the board of commissioners and condi tioned upon the faithful performance of his duties. The amount of said bond shall be deter mined by the board of commissioners and shall be paid out of county funds. Said bond shall be delivered to the board within five days of the county manager's assuming his duties and, upon receipt, shall be filed by the vice chairman of the board in the office of the clerk of the Superior Court of Gwinnett County.
(f) Except for the purpose of inquiry and investigation, the board of commissioners shall deal with county employees who are subject to appointment and removal by the county chairman or county manager solely through the county chairman or county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.

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Section 13. (a) Every ordinance, resolution, or other legislation adopted by the board of commissioners shall be presented by the board to the county chairman within five days after its adoption.
(b) The county chairman shall within ten days of receipt of an ordinance or other legis lation return it to the board with or without his approval, or with his disapproval. If the ordinance or other legislation has been approved by the county chairman, it shall become law upon its return to the board; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the county chairman shall submit to the board a written statement of the reasons for the veto. The board shall record upon the ordinance the date of its delivery to and receipt from the county chairman.
(c) Ordinances or other legislation vetoed by the county chairman shall be presented to the board at its next meeting and, should the board then or at its next general meeting adopt the ordinance or other legislation by an affirmative vote of two-thirds of its entire membership, it shall become law.
(d) The county chairman may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the board over the county chairman's veto as provided in this section. The re duced part or parts shall be presented to the board as though disapproved and shall not become law unless overridden by the board as provided in subsection (c) of this section.
Section 14. (a) The board of commissioners shall be authorized to expend county funds within Gwinnett County for purely charitable purposes only:
(1) Pursuant to the terms of a contract or agreement with a charitable organization or entity; or
(2) Upon a majority vote by the members of the board when there is no contract or agreement with a charitable organization or entity;
provided, however, that the board of commissioners shall only be authorized to so expend county funds for such purposes in cases where the county receives a direct consideration or benefit in return for such expenditure.
(b) Neither the county chairman, the county manager, nor any member of the board of commissioners shall be authorized under any circumstances whatsoever to be reimbursed with county funds for any expenditure, donation, or contribution for purely charitable pur poses except as specifically authorized in this section.
Section 15. Formal sealed bids shall be received for all purchases in amounts over $10,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Gwinnett County. The need for such bids may be dispensed with by the board of commissioners if it decides that an emergency exists which will not permit a delay.
Section 16. The appointment and removal of, and the compensation to be paid to, per sons filling offices and positions created by general law, where not otherwise prescribed by such general law, shall be made and fixed by the board of commissioners within budgetary provisions.
Section 17. The internal organization of the county government shall be as established and altered by the county chairman through the county manager. Existing departments may be abolished and their functions transferred to other departments, additional departments may be created, and any two or more departments may be consolidated.
Section 18. The county chairman shall submit or cause to be submitted annually to the board of commissioners, by not later than December 1 of each year, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The procedures for budget preparation, submission to the governing authority, review by the governing authority, public review, notice, and hearings

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shall be as provided for in Chapter 81 of Title 36 of the O.C.G.A. The budget shall then be adopted by the board of commissioners at the first regular meeting in January of the year to which it applies, which budget, when so adopted by the board of commissioners, shall con stitute the board of commissioners' appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the board of commissioners in a regular meeting which has been advertised in accordance with subsection (e) of Code Section 36-81-5 of the O.C.G.A., and no increase shall be made in such budget without pro vision also being made for financing such increase. The proposed budget submitted by the county chairman shall be accompanied by a report containing information and data re quired by subsection (b) of Code Section 36-81-5 of the O.C.G.A. A copy of the budget and of each revision or amendment to same shall be transmitted by the county chairman to the grand jury of the Superior Court of Gwinnett County within ten days from the time such budget or amendment thereof is adopted by the board of commissioners.
Section 19. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The board of commissioners shall enforce compliance with this section by all departments of county government, including those for elected officers and, to this end, the county chair man shall institute a system of expenditure of all moneys appropriated and budgeted.
Section 20. The board of commissioners shall obtain proposals and employ a certified public accountant for the making of an annual, continuous audit of county finances and financial records in the manner provided for in Code Section 36-81-7 of the O.C.G.A. The accountant so employed shall be paid by the board of commissioners out of county funds and shall perform a complete audit of the financial records of the county for the ensuing year, point out any irregularities found to exist, and report the results of such audit to the the board of commissioners annually. Each annual report submitted to the board of com missioners shall be made available for public inspection as are other records. The board of commissioners shall cause to be published in the official organ of Gwinnett County and posted at the courthouse door a statement of the financial condition of the county as of December 31 of each year. The accountant shall transmit to the grand jury of the Superior Court of Gwinnett County a copy of each annual report furnished by him to the board of commissioners.
Section 21. No member of the board or the county chairman or the county manager or any other county officer empowered to expend public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested directly or indirectly in any contract to which the county is a party, either as principal, surety, or otherwise; nor shall such member of the board or county chairman or county manager or officer, partner, agent, servant, or employee of a firm of which he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contracts made in violation of any of the foregoing provi sions shall be illegal and the person who violates this section shall be removed from office upon proper proceedings instituted by any taxpayer of the county in accordance with provi sions of Code Section 36-1-14 of the O.C.G.A., relating to the purchase of goods or property by interested county officers with county funds."
Section 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Gwinnett County for approval or rejection. The election superintendent shall conduct the election on the date of and in conjunction with any county-wide election held in Gwinnett County during calendar year 1991 on a date specified in Code Section 21-2-540 of the O.C.G.A. or 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 Gwinnett County. The ballot shall have written or printed thereon the words:

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"[ ] YES [ ] NO

Shall the Act be approved which provides for a county chairman elected at large, an appointed county manager, and a seven-member board of commissioners elected from districts?"

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 note "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 and 3 shall become of full force
and effect immediately and Section 2 shall become effective January 1,1992, or immediately following the certification of the results of the referendum, whichever is later, for the pur pose of electing the county chairman and seven-member board of commissioners created in
this Act. If the Act is not so approved or if the referendum is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed immediately following the certification of the referendum results.

Section 5. All laws and parts of laws in conflict with this Act are repealed.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 413 by the Senate substitute.

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

HB 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.
Senate Sponsor: Senator English of the 21st.

Senator English of the 21st offered the following amendment:

Amend HB 886 by inserting on line 20 of page 1 immediately following the word "agent" the following:
"or any biomedical waste as such term is defined in Code Section 12-8-22".
By striking from lines 22 and 23 of page 1 the following:
"words 'ETIOLOGIC AGENT' in capital block letters not less than 12 inches high",
and inserting in lieu thereof the following:
"internationally recognized symbol designated for use in this state by the Environmen tal Protection Division of the Department of Natural Resources denoting biohazardous ma terial, not less than 12 inches in height and red in color on a white background, and the words 'BIOHAZARDOUS MATERIAL' in capital block letters not less than two inches in height and red in color on a white background".

Senator English of the 21st asked unanimous consent to withdraw the amendment; the consent was granted, and the amendment offered by Senator English of the 21st to HB 886 was withdrawn.

Senators Garner of the 30th and Johnson of the 47th offered the following substitute to HB 886:

A BILL
To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to provide that a person who fails to comply with certain

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provisions relating to the use of seat safety belts and who is also charged with violating any provision of Chapter 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; to require vehicles used to transport certain substances to be marked in a certain way; to define a term; to provide a penalty; 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, is amended by striking in its entirety paragraph (2) of subsection (e) of Code Section 40-876.1, relating to the use of seat safety belts in passenger vehicles, and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) A person failing to comply with the requirements of subsection (b) of this Code section who is also charged with violating any provision of Chapter 6 of this title or of violating any lawful ordinance adopted by a local governing authority regulating the opera tion of motor vehicles shall be guilty of the offense of failure to wear a seat safety belt and, upon conviction thereof, may be fined not more than $15.00. The court imposing such fine shall not forward a record of the disposition of the case of failure to wear seat safety belt to the Department of Public Safety."
Section 2. Said title is further amended by inserting at the end of Chapter 6, relating to miscellaneous provisions relative to 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, the term 'etiologic agent' means any tissue, body fluid, or any other biological material which has the potential to transmit illness or disease or other harm upon contact, ingestion, or inhalation.
(b) Any vehicle while transporting any etiologic agent or any biomedical waste as such term is defined in Code Section 12-8-22 in this state shall be clearly marked on both sides and on the back with a sign or placard bearing the internationally recognized symbol desig nated for use in this state by the Environmental Protection Division of the Department of Natural Resources denoting biohazardous material, not less than 12 inches in height and red in color on a white background, and the words 'BIOHAZARDOUS MATERIAL' in capital block letters not less than two inches in height and red in color on a white background.
(c) Violation of the provisions of this Code section shall constitute a misdemeanor."
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 President announced that, pursuant to Senate Rule 143, consideration of HB 886 would be suspended and placed on the Senate General Calendar.
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.
Senate Sponsor: Senator Olmstead of the 26th.
The Senate Committee on Governmental Operations offered the following amendment:

MONDAY, MARCH 11, 1991

1771

Amend HB 450 by adding on line 12 of page 1, between the semicolon and the word "to", the following:
"to provide an exception;".
By deleting the quotation marks at the end of line 2 on page 7.
By adding between lines 2 and 3 on page 7 the following:
"(q) The provisions of this Code section shall not apply to claims by providers of public assistance to or on behalf of recipients pursuant to the provisions of Chapter 4 of Title 49.' "

On the adoption of the amendment, the yeas were 39, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert 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 Johnson Kidd Marable Newbill Olmstead Perdue

Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake Starr Tate Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Edge Langford Moye

Pollard Robinson Steinberg

Taylor Walker of 43rd (excused)

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

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

HB 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.
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:

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Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Burton Clay Collins Dawkins Deal Dean Echols Egan English Foster Garner

Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Newbill Olms tead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Bowen Broun Coleman Edge Hammill

Henson Langford Moye Ramsey

Shumake Starr Taylor Walker of 43rd (excused)

On the passage of the bill, the yeas were 43, nays 0.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following substitute to HB 295:

A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low voltage contractors, and utility contractors, so as to require conditioned air contractors to display their company or business registration numbers on certain vehicles; to require conditioned air contractors to include their registration numbers on invoices and proposal forms and certain advertising related to conditioned air work; to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipal-

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ity; to provide that under certain conditions a person who contracts with a licensed condi tioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work in connec tion with conditioned air systems shall be required to be licensed by the appropriate licens ing authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by striking in its entirety Code Section 4314-9, relating to display of licenses, and inserting in lieu thereof a new Code Section 43-14-9 to read as follows:
"43-14-9. (a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business.
(b) All commercial vehicles used by conditioned air contractors exclusively in the daily operation of their business shall have prominently displayed thereon the company or busi ness registration number issued by the Secretary of State's office. Such registration number shall also be prominently displayed on any advertising in telephone yellow pages and news papers relating to conditioned air work which a licensee purports to have the capacity to perform as a conditioned air contractor. Said registration number shall also be printed on all invoices and proposal forms."
Section 2. Said chapter is further amended by adding at the end of Code Section 43-1416, relating to exceptions to the operation of Chapter 14 of Title 43, two new subsections (j) and (k) to read as follows:
"(j) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was in stalled by a licensed plumber; provided, however, that all such work must be done in con formity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.
(k) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair for or on behalf of such licensed condi tioned air contractor duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform for or on behalf of such licensed conditioned air contractor a complete installation, alteration, or re pair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board."
Section 3. This Act shall become effective January 1, 1992.
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:

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Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton Clay Coleman DDaewalkins
Dean
Echols
Egan
English
Foster

Garner Gillis Harris Hasty Henson Hill Hooks Huggins KMiadrdable
Newbill
Olmstead
Perdue
Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinberg ,,. T,ihfompson
Timmons
Turner
Tysinger
Walker of 22nd
White

Those not voting were Senators:

Bowen
Collins Edge Hammill

Johnson
Langford Moye Ramsey

Shumake
Starr Taylor Walker of 43rd (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 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.
Senate Sponsor: Senator Walker of the 22nd.

The Senate Insurance and Labor Committee offered the following amendment:

Amend HB 845 by adding at the end of line 3 of page 1 the following:
"to revise provisions relative to the computation of interest;".
By adding on line 20 of page 1 after the word "event" and before the word "no" the following:
"a claim is made and".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

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

MONDAY, MARCH 11, 1991

1775

Egan English Foster Gillis Hammill HHaarsrtiys Henson
Hill Hooks Huggins Kidd

Marable Newbill Olmstead Perdue Perry PPhoillllairpds Ragan of 10th
Ragan of 32nd Ramsey Ray Robinson

Scott Shumake Starr Steinberg Tate Trph. ompson Timmons
Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Bowen Deal (excused conferee) Edge

Garner (excused conferee) Johnson (excused conferee) Langford

Moye Taylor Walker of 43rd (excused)

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

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

HB 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.
Senate Sponsor: Senator English of the 21st.

The Senate Committee on Agriculture offered the following substitute to HB 844:

A BILL
To be entitled an Act 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; to provide who shall be required to post bond; 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 9 of Title 2 of the Official Code of Georgia Annotated, relating to dealers in agricultural products, is amended by striking paragraph (1) of Code Section 2-9-1, relating to definitions, and inserting in lieu thereof the following:
"(1) 'Agricultural products' includes fruits, vegetables, eggs, dairy products, and peacans but does not include cotton, tobacco, grains, and other basic farm crops."
Section 2. Said article is further amended by striking Code Section 2-9-5, relating to bond required of dealers in agricultural products, in its entirety and inserting in lieu thereof the following:
"2-9-5. Before any license is issued the applicant shall make and deliver to the Commis sioner a surety bond executed by a surety corporation authorized to transact business in this state. The bond shall be in the amount of at least $1,000.00 or in such greater amount as the Commissioner may determine, not exceeding an amount equal to the maximum amount of business done or estimated to be done in any month by the applicant. Such bond shall be upon a form prescribed or approved by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to producers or their agents or representatives of

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JOURNAL OF THE SENATE

the proceeds of all agricultural products handled or sold by such dealer. However, in lieu of a surety bond, the Commissioner may accept a cash bond, which shall in all respects be subject to the same claims and actions as would exist against a surety bond. For the purpose of the purchase of dairy products, the above-referenced bond shall be required of any per son, firm, or corporation that shall engage in the business of purchasing dairy products from producers or cooperative associations for the purpose of manufacturing, pasteurizing, or dis tributing dairy products. The Commissioner may make an exception to this bond require ment for any person, firm, or corporation that shall purchase dairy products from producers or cooperative associations, provided that 85 percent of the full payment is made within 15 days following receipt of the dairy products by the purchaser from the producer or coopera tive association."
Section 3. Said article is further amended by striking paragraph (1) of Code Section 219-15, relating to the applicability of this article, and inserting in lieu thereof the following:
"(1) Farmers in the sale of agricultural products grown or produced by themselves;".
Section 4. All laws and part 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 Broun Burton Coleman Collins Dawkins Dean Echols Egan English 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 Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Bowen Clay
Deal (excused conferee) Edge

Foster Garner (excused conferee)
Johnson (excused conferee) Langford

Moye Taylor
Walker of 22nd Walker of 43rd (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 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-

MONDAY, MARCH 11, 1991

1777

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.
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 Broun
Burton Clay Coleman
Collins Dawkins
Dean Echols Edge
Egan English

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Starr Tate Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Bowen Deal (excused conferee) Foster Garner (excused conferee)
Johnson (excused conferee)

Langford Move
. Robinson
Scott,

Shumake Steinberg Taylor Walker of 43rd (excused)

On the passage of the bill, the yeas were 43, nays 0.

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

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.
Senate Sponsor: Senator Newbill of the 56th.

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

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JOURNAL OF THE SENATE

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton CCC^ool,alllevimnsan
Dean Echols Egan English Garner Gillis

Hammill Harris Henson Hill Hooks Huggms TLxMvaiandrgdafebolredi
Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott oC0SMnt. eum.mb,aekireg
late Thompson Timmons Turner Tysinger White

Voting in the negative were Senators Dawkins and Edge.

Those not voting were Senators:

Bowen Deal (excused conferee) Foster Hasty

Johnson (excused conferee) Taylor

Moye

Walker of 22nd

Starr

Walker of 43rd (excused)

On the passage of the bill, the yeas were 44, nays 2.

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

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.

Senate Sponsor: Senator Ramsey of the 54th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Dean Echols

Edge Egan English Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd

Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray

MONDAY, MARCH 11, 1991

1779

Robinson Scott Shumake Starr

Steinberg Tate Thompson Timmons

Turner Tysinger White

Those not voting were Senators:

Bowen Deal (excused conferee) Foster

Garner (excused conferee) Taylor

Johnson (excused conferee) Walker of 22nd

Moye

Walker of 43rd (excused)

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 passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

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 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 Deparment 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 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 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.

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.

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JOURNAL OF THE SENATE

The House has adopted, by substitute, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 233. By Senator Echols of the 6th:
A resolution commending Mr. Roger E. James and designating the Roger E. James Bridge.

The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee on 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 63. 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 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.

The Speaker has appointed on the part of the House, Representatives Parham of the 105th, Groover of the 99th and Barnett of the 10th.

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

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".
Senate Sponsor: Senator 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 Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge English Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Newbill Olrnstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White

MONDAY, MARCH 11, 1991

1781

Those not voting were Senators:

Bishop Bowen Deal (excused conferee) Egan

Foster Garner (excused conferee) Johnson (excused conferee) Moye

Robinson Walker of 22nd Walker of 43rd (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 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 House substitute to SB 143 was as follows:

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 pro vide standards for consent; to repeal 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) In the absence or unavailability of a living spouse, any parent, whether an adult or a minor, for his minor child;
(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;
(6) Upon the inability of any adult to consent for himself and in the absence of any person to consent under paragraphs (2) through (5) of this subsection the following persons in the following order of priority:
(A) Any adult child for his parents;

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JOURNAL OF THE SENATE

(B) Any parent for his adult child;
(C) Any adult for his brother or sister; or
(D) Any grandparent for his grandchild.
(b) Any person authorized and empowered to consent under subsection (a) of this Code section shall, after being informed of the provisions of this Code section, 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 proce dures are provided.
(c) For purposes of this Code section, 'inability of any adult to consent for himself shall mean a determination in the medical record by a licensed physician after the physician has personally examined the adult that the adult 'lacks sufficient understanding or capacity to make significant responsible decisions' regarding his medical treatment or the ability to communicate by any means such decisions."
Section 2. 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 143.
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 Collins Dean Echols Edge English Garner Hammill

Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips

Those not voting were Senators:

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Thompson Timmons Turner Tysinger Walker of 22nd White

Bishop Dawkins Deal (excused conferee) Egan

Foster Gillis Johnson (excused conferee) Shumake

Steinberg Taylor Walker of 43rd (excused)

MONDAY, MARCH 11, 1991

1783

On the motion, the yeas were 45; nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 143.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Edge of the 28th.
The Senate Committee on Special Judiciary offered the following substitute to HB 11:
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)(l)(A) of Code Section 405-57, 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"

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Section 2. Said title is further amended by inserting at the end of Article 11 of Chapter 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 ordinance which imposes more stringent restric tions on the possession of alcoholic beverages in vehicles than those imposed by this Code section shall not be preempted by this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 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 Bowen Broun Burton Clay CCoollleimnsan
DDaewankins Echols Edge Egan English Garner

Gillis Hammill Harris Hasty Henson Hill Hooks LHaungggfionrsd
MMoayraeble Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr S,,,tem. b, erg
il,aatyelor Thompson Timmons Turner Tysinger White

Voting in the negative were Senators Kidd and Shumake.

Those not voting were Senators:

Bishop Deal (excused conferee) Foster

Johnson (excused conferee) Walker of 22nd

Ramsey

Walker of 43rd (excused)

On the passage of the bill, the yeas were 47, nays 2.

MONDAY, MARCH 11, 1991

1785

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

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

SB 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.

The House substitute to SB 176 was as follows:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 6 of Title 45 of the Official Code of Georgia Annotated, relating to powers and duties of public officers and employees, is amended by striking Code Section 456-4, relating to mailing annual reports to members of the General Assembly, and inserting in its place a new Code Section 45-6-4 to read as follows:
"45-6-4. Each state official directed by law to file an annual report shall send by inter office mail a notification that such report is available upon request to each member of the General Assembly at his legislative office at the state capitol, on or before June 1 of each year."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Broun of the 46th moved that the Senate agree to the House substitute to SB 176.

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
Coleman DCoawlliknisns
Dean Echols Edge Egan English Garner

Gillis Hammill Harris Hasty Henson
Huggins LKaidndgford
Marable Moye Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd j^ay
Robinson Schumake S^ tteamTMberg
Tate Taylr Thompson Turner Tysinger White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Bowen Deal (excused conferee) Foster

Johnson (excused conferee) Timmons

Ramsey

Walker of 22nd

Scott

Walker of 43rd (excused)

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 176.

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

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.
The House substitute to SB 309 was as follows:
A BILL
To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to define the authority of public adjusters; to prohibit public adjusters from representing persons for claims arising out of motor vehicle accidents; to restrict public adjusters from suggesting or advising the employment of or giving the name of any specific attorney to any person or from accepting referral fees or compensation from attorneys; to provide for punishment; to restrict attorneys from compensating nonattorneys for referrals or recommendations in motor vehicle accident cases; to restrict health care providers from compensating persons for referrals or recommendations with respect to mo tor vehicle insurance benefits or claims; to restrict certain persons from access to motor vehicle accident reports; to restrict persons from receiving compensation for providing names and addresses of motor vehicle accident victims to attorneys or health care providers; to provide for punishment; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding at the end of Code Section 33-23-58, relating to concurrent licensing of adjusters, four new subsections, to be designated as subsections (c), (d), (e), and (0, to read as follows:
"(c) A public adjuster shall solicit, advertise for, or otherwise agree to represent only a person who is insured under a policy covering fire, windstorm, water damage, and other physical damage to real and personal property, other than vehicles licensed for the road, and any such representation shall be limited to the settlement of a claim or claims under the policy for damages to real and personal property, including related loss of income and living expense losses, but excluding claims arising out of any motor vehicle accident.
(d) No public adjuster, at any time, shall knowingly:
(1) Suggest or advise the employment of or name for employment a specific attorney or attorneys to represent a person in any matter relating to a person's potential claim, includ ing any motor vehicle accident claims for personal injury, loss of consortium, property dam ages, or other special damages;
(2) Accept or agree to accept any money or other compensation from an attorney or any person acting on behalf of an attorney which the adjuster knows or should reasonably know

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is payment for the suggestion or advice by the adjuster to seek the services of the attorney or for the referral of any portion of a person's claim to the attorney; or
(3) Hire or procure another to do any act prohibited by this subsection.
(e) For purposes of subsection (c) or (d) of this Code section, the term 'public adjuster' shall include licensed public adjusters as defined by Code Section 33-23-40 and persons rep resenting themselves to be public adjusters who are not properly licensed by the commissioner.
(f) Any person who violates any provision of subsection (c) or (d) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revo cation of licenses under Code Section 33-23-62."
Section 2. Said title is further amended by adding a new Code Section 33-24-53 to read as follows:
"33-24-53. (a) In a claim arising out of a motor vehicle accident, a lawyer shall not compensate or give anything of value to a person or organization to recommend or secure his employment by a client, or as a reward for having made a recommendation resulting in his employment by a client; except that he may pay for public communications permitted by Standard 5 of Bar Rule 4-102 and the usual and reasonable fees or dues charged by a bona fide lawyer referral service operated by an organization authorized by law and quali fied to do business in this state; provided, however, such organization has filed with the State Disciplinary Board, at least annually, a report showing its terms, its subscription charges, agreements with counsel, the number of lawyers participating, and the names and addresses of lawyers participating in the service. Upon conviction of an offense provided for by this subsection, the prosecutor shall certify such conviction to the disciplinary board of the State Bar of Georgia for appropriate action. Such action may include a suspension or disbarment.
(b) With respect to a motor vehicle insurance benefit or claim, a health care provider shall not compensate or give anything of value to a person to recommend or secure the provider's service to or employment by a patient or as a reward for having made a recom mendation resulting in the provider's service to or employment by a patient, except that the provider may pay the reasonable cost of advertising or written communication as permitted by rules of professional conduct. Upon a conviction of an offense provided for by this sub section, the prosecutor shall certify such conviction to the appropriate boards for appropri ate action. Such action may include a suspension or revocation of the health care provider's license.
(c) With respect to a motor vehicle accident, no employee of any law enforcement agency shall allow any person, including an attorney, health care provider, or their agents, to examine or obtain a copy of any accident report or related investigative report when the employee knows or should reasonably know that the request for access to the report is for commercial solicitation purposes. No person shall request any law enforcement agency to permit examination or to furnish a copy of any such report for commercial solicitation pur poses. For purposes of this subsection, a request to examine or obtain a copy of a report is for 'commercial solicitation purposes' if made at a time when there is no relationship be tween the person or his principal requesting the report and any party to the accident, and there is no apparent reason for the person to request the report other than for purposes of soliciting a business or commercial relationship. All persons, except law enforcement person nel and persons named in the report, shall be required to submit a separate written request to the law enforcement agency for each report. Such written request shall state the reques tor's name, address, and the intended use of the report in sufficient detail that the law enforcement agency may ascertain that the intended use is not for commercial solicitation purposes. The law enforcement agency shall file each written request with the original re port. No person shall knowingly make any false statement in any such written request.
(d) A person may not receive compensation, a reward, or anything of value in return for providing names, addresses, telephone numbers, or other identifying information of victims

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involved in motor vehicle accidents to an attorney or health care provider which results in employment of the attorney or health care provider by the victims for purposes of a motor vehicle insurance claim or suit. Attempts to circumvent this Code section through use of any other person, including, but not limited to, employees, agents, or servants, shall also be prohibited. This provision shall not prohibit an attorney or health care provider from mak ing a referral and receiving compensation as is permitted under applicable professional rules of conduct.
(e) Any person who violates any provision of this Code section shall be guilty of a mis demeanor involving moral turpitude."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Edge of the 28th moved that the Senate agree to the House substitute to SB 309.

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 urton
rLC'/oowllleinm,san Dean Echols Edge Egan English Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins
pK.,aidradb,,le Moye Newbi11 Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
SS,,,htaurmr ake Stemberg Tate Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Bowen
Dawkins Deal (excused conferee) Foster

Garner (excused conferee) Johnson (excused conferee) Langford

Taylor Walker of 22nd Walker of 43rd (excused)

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 309.

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

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.

MONDAY, MARCH 11, 1991

1789

Senator Baldwin of the 29th moved that the Senate insist upon the Senate substitute to HB70.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 70.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Dawkins of the 45th moved that the Senate adhere to the Senate substitute to HB 63, and that a Conference Committee be appointed.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 63.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Robinson of the 16th, Dawkins of the 45th and Echols of the 6th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 101 was as follows:
A BILL
To be entitled an Act to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, so as to change provisions relative to performance and management audits; to change provisions relative to employment of assist ants, consultants, experts, professionals, and other persons; to change the provisions relative to the automatic repeal of said Chapter 10; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel, is amended by striking Code Section 46-10-3.1, relating to performance and management audits, and inserting in its place a new Code section to read as follows:
"46-10-3.1. Prior to January 1, 1993, and again prior to January 1, 1995, the state audi tor shall perform a performance and management audit of the consumers' utility counsel. A copy of the performance and management audit shall be submitted by January 1, 1993, and January 1, 1995, to the Industry Committee of the House of Representatives and to the Finance and Public Utilities Committee of the Senate, or to their respective successor com mittees having jurisdiction over the subject matter."

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Section 2. Said chapter is further amended by striking Code Section 46-10-6, relating to employment of personnel, and inserting in its place a new Code section to read as follows:
"46-10-6. The counsel is authorized to employ such assistants as he may need and is authorized to employ and fix the compensation of such consultants, expert witnesses, ac countants, engineers, attorneys, investigators, stenographers, or other technical or clerical assistance, as may be necessary to carry out his duties; provided, however, that no such employment may occur nor may any contracts for payment of fees or expenses be paid for consultants, expert witnesses, accountants, engineers, attorneys, investigators, stenogra phers, or other technical or clerical assistance unless such employment or such contracts are first approved by the administrator and can be achieved using funds appropriated to the office of the Governor for such purposes. The consumers' utility counsel shall keep suitable and proper records of all such expenditures and shall provide the same to the administrator as of the first of each month. The compensation of the counsel and such staff shall be paid from state funds appropriated or otherwise made available to the office of the administrator created in Code Section 10-1-395 from funds appropriated to the office of the Governor for such purposes."
Section 3. Said chapter is further amended by striking in its entirety Code Section 4610-9, relating to the automatic repeal of the chapter, and inserting in lieu thereof a new Code Section 46-10-9 to read as follows:
"46-10-9. This chapter shall be null and void and shall stand repealed in its entirety effective April 1, 1995."
Section 4. This Act shall become effective June 30, 1991.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 101.

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

Harris Hasty Henson
Hill Hooks Huggins

PColeman Collins Dawkins Dean Echols Edge
Egan Gillis Hammill

M MarKab,le Moye Newbill Olmstead Perdue Perry
Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Shumake
T * , Ihompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Broun Deal (excused conferee) English

Foster Garner (excused conferee) Johnson (excused conferee)

Langford Scott Walker of 43rd (excused)

MONDAY, MARCH 11, 1991

1791

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 101.

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

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.
Senate Sponsor: Senator Gillis of the 20th.

Senators Gillis of the 20th and Hooks of the 14th offered the following amendment:

Amend HB 652 by placing a period on line 3, page 3, after the word "wastewater" and deleting "including industrial process wastewater" on lines 3 and 4 of page 3.

Senator Gillis of the 20th asked unanimous consent to withdraw the amendment offered by Senators Gillis of the 20th and Hooks of the 14th to HB 652. The consent was granted, and the amendment was withdrawn.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen Broun urton
^CCoo,llyleimnsan Dawkins Dean Echols Edge Egan English Gillis

Hammill Harris Hasty
Henson Hill Hooks Huggins
pK.,,aidradb,,le Move Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 32nd Ramsey Ray
Robinson Scott Shumake Starr
T,,Staet,ienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Deal (excused conferee) Johnson (excused conferee)

Foster

Langford

Garner (excused conferee)

Ragan of 10th Walker of 43rd (excused)

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

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

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JOURNAL OF THE SENATE

The following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:
SR 233. By Senator Echols of the 6th: A resolution commending Mr. Roger E. James and designating the Roger E. James Bridge.
The House substitute to SR 233 was as follows:
A RESOLUTION
Commending Mr. Roger E. James and designating the Roger E. James Bridge and hon oring Mr. J. Truman Holmes and designating the J. Truman Holmes Bridge; and for other purposes.
WHEREAS, Mr. Roger E. James is a lifelong resident of Clinch County, Georgia; and
WHEREAS, a committed conservationist, Mr. James is the owner and operator of Air Growers, a company which plants pine trees, and Mr. James has been responsible for plant ing more pine trees in this state than any other man, and the benefit he has brought both to the ecology and to the economy of this state is immeasurable; and
WHEREAS, he is widely regarded among those who know him as not only a successful businessman and conservationist, but also as a fine person and a good friend to have; and
WHEREAS, it is abundantly fitting and proper that an appropriate monument should be dedicated to this distinguished Georgian.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body commend Mr. Roger E. James for his many achievements and contributions to his community and state.
BE IT FURTHER RESOLVED that the bridge over Suwannoochee Creek on State Road 37 in Clinch County, Georgia, is named and designated as the Roger E. James Bridge.
WHEREAS, J. Truman Holmes, the son of Will and Martha Burch Holmes, was born on February 23, 1897, near Hiawassee, Georgia; and
WHEREAS, he attended school at Macedonia and the Hiawassee Academy; and
WHEREAS, during the depression, he joined the Civil Conservation Corps and helped build the rock tower on Brasstown Bald; and
WHEREAS, Mr. Holmes was employed by the State of Georgia as a prison guard and later as a game warden in the Lake Chatuge area for approximately 20 years; and
WHEREAS, Mr. Holmes and his lovely wife, Stella Brown Holmes, had seven children, four of whom served in World War II and the Korean War; and
WHEREAS, Mr. and Mrs. Holmes were one of the most respected and best-loved couples in the Towns County area and did much to contribute and preserve the mountain way of life; and
WHEREAS, in recognition of his many contributions to his community and state, it is only fitting and proper that this state perpetuate his name in an appropriate fashion.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the bridge over the Hiawassee River on U.S. Highway 76 in Towns County, Georgia, is designated the J. Truman Holmes Bridge.
BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to erect and maintain appropriate signs at appropriate locations designating the Roger E. James Bridge and the J. Truman Holmes Bridge.
BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di-

MONDAY, MARCH 11, 1991

1793

rected to transmit an appropriate copy of this resolution to Mr. Roger E. James and to the family of Mr. J. Truman Holmes.

Senator Echols of the 6th moved that the Senate agree to the House substitute to SR 233.

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 Burton
Clay Coleman Collins
Dawkins Dean Echols
Edge Egan 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 Tate
Taylor Thompson Timmons
Turner Tysinger White

Those not voting were Senators:

Deal (excused conferee) English Foster

Garner (excused conferee) Johnson (excused conferee) Steinberg

Walker of 22nd Walker of 43rd (excused)

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 233.

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

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.
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

Clay Coleman Dawkins

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JOURNAL OF THE SENATE

Dean Echols Edge
Hrlaaxrnrims i.l..l Hasty Henson Hill Hooks Huggins Johnson

Kidd Langford Marable Moye Newbill OTPelmrdjsuteead Perry. PhilliPs Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Shumake Starr Tm Taaytielor Thompson Timmons Turner Tysinger Walker of 22nd White

Voting in the negative were Senators Burton and Collins.

Those not voting were Senators:

Deal (excused conferee) Foster

Garner (excused conferee) Steinberg

Walker of 43rd (excused)

On the passage of the bill, the yeas were 49, nays 2.

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 amendment to the Senate substitute thereto:

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 licenses; to revise the qualifica tions for the issuance of real estate licenses to nonresidents who are licensed in another state.

The House amendment was as follows:

Amend the Senate substitute to HB 224 by striking lines 8 through 34 of page 11 and inserting in lieu thereof the following:
"(d) The commission in its discretion may enter into written agreements with similar licensing authorities of other states as may be necessitated by those states' laws to assure for Georgia licensees nonresident licensure opportunities comparable to those afforded to non residents by this Code section. Whenever the commission determines that another state does not offer nonresident licensure to Georgia licensees with requirements substantially comparable to those afforded to licensees of that state by this Code section, the commission shall require licensees of such state who apply for nonresident licensure to meet education, experience, and examination requirements substantially comparable to those required by that state with respect to Georgia licensees who seek nonresident licensure, not to exceed such requirements as prescribed in Code Section 43-40-8.
(e) Notwithstanding any other provision of this Code section, a licensed broker of an other state may enter into a written agreement with a Georgia broker to conduct the real estate brokerage business in Georgia without first obtaining a Georgia license. The Georgia broker shall be responsible for all real estate brokerage acts performed by the out-of-state broker under such written agreement and for determining that the out-of-state broker has

MONDAY, MARCH 11, 1991

1795

and maintains an active license in the out-of-state broker's state of residence. For purposes of this".

Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate substitute to HB 224.

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 Burton Clay Coleman Collins Dawkins Dean Bchols Edge Egan English 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 Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Deal (excused conferee) Foster

Garner (excused conferee) Steinberg

Walker of 43rd (excused)

On the motion, the yeas were 51, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 224.

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

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.
Senate Sponsor: Senator Perry of the 7th.

The Senate Committee on Natural Resources offered the following substitute to HB 605:

A BILL
To be entitled an Act 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; 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 8-2-3 of the Official Code of Georgia Annotated, relating to

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requirements for toilets, shower heads, and faucets in buildings, is amended by striking sub sections (b), (d), (g), and (i) of said Code section in their entirety and inserting in lieu thereof the following:
"(b) After January 1, 1992, there shall not be initiated within this state the construction of any residential building of any type which:
(1) Employs a gravity tank-type flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992;
(2) Employs a shower head that allows a flow of more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure;
(3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush;
(4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or
(5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute."
"(d) The requirements of subsection (b) of this Code section shall apply to any residen tial construction initiated after January 1, 1992, and to any commercial construction initi ated after July 1, 1992, which involves the repair or renovation of or addition to any existing building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both."
"(g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to January 1, 1992, and shall not apply to any construction of a commercial building the contract for which was entered into prior to July 1, 1992."
"(i) Before January 1, 1992, a city, county, or authority shall adopt and enforce the provisions of this Code section in order to be eligible to receive any of the following grants, loans, or permits:
(1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Affairs; or
(2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority."
Section 2. Said Code section is further amended by redesignating subsection (j) as sub section (k) and inserting a new subsection (j) to read as follows:
"(j) For purposes of this part, after January 1, 1992, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush shall be prohibited."
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senators Echols of the 6th and Hammill of the 3rd offered the following amendment:
Amend the substitute to HB 605 offered by the Senate Committee on Natural Re sources as follows:
On line 14 of page 1, change the word "January" to "July";
On line 9 of page 2, change the word "January" to "July";
On line 17 of page 2, change the word "January" to "July";
On line 21 of page 2, change the word "January" to "July"; and
On line 4 of page 3, change the word "January" to "July".

MONDAY, MARCH 11, 1991

1797

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:

Alien Bishop Bowen Collins Dean Echols English Gillis

Hammill Hasty Hill Hooks Huggins Kidd Marable Perdue

Perry Pollard Ragan of 10th Ray Robinson Timmons Turner Walker of 22nd

Those voting in the negative were Senators:

Albert Baldwin Broun Burton Clay Coleman Dawkins Deal
Edge
Egan

Foster Harris Henson Johnson Langford Moye Newbill Olmstead
Phillips
Ragan of 32nd

Scott Shumake Starr Steinberg
Tate
Taylor Thompson Tysinger White

Those not voting were Senators:

Garner

Ramsey

Walker of 43rd (excused)

On the adoption of the amendment, the yeas were 24, nays 29, and the amendment was lost.

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 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 Ray Robinson Scott

1798

JOURNAL OF THE SENATE

Shumake
Starr Steinberg Tate

Taylor
Thompson Timmons Turner

Tysinger Walker of 22nd White

Those not voting were Senators:

Garner

Ramsey

Walker of 43rd (excused)

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 bills of the House were read the first time and referred to committee:

HB 945. By Representatives Twiggs of the 4th and Colwell of the 4th:
A bill to amend an Act granting a new charter to the City of Young Harris, so as to change the corporate limits of the city. Referred to Committee on Urban and County Affairs.

HB 976. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to create a board of commissioners of Pickens County.
Referred to Committee on Urban and County Affairs.

HB 1019. By Representatives Aiken of the 21st, Atkins of the 21st, Klein of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

HB 1020. By Representatives Padgett of the 86th, Cheeks of the 89th, Brown of the 88th and others:
A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to authorize the governing authority of Richmond County to increase the compensation of said officials.
Referred to Committee on Urban and County Affairs.

HB 1022. By Representative Ware of the 77th:
A bill to amend an Act establishing an independent school system for the City of Hogansville, so as to revise provisions relating to ad valorem school taxes. Referred to Committee on Urban and County Affairs.

HB 1023. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act placing the judge of the Probate Court of Walker County on a salary basis, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to Committee on Urban and County Affairs.

HB 1024. By Representatives Snow of the 1st and McCoy of the 1st:
A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the amount of funds for the compensa tion of the personnel of the tax commissioner.
Referred to Committee on Urban and County Affairs.

MONDAY, MARCH 11, 1991

1799

HB 1025. By Representatives Snow of the 1st and McCoy of the 1st: A bill to amend an Act placing the clerk of the Superior Court of Walker County on an annual salary, so as to change the provisions relating to the amount of funds for the compensation of the personnel of said officer.
Referred to Committee on Urban and County Affairs.
HB 1027. By Representatives Byrd of the 153rd and Moody of the 153rd: A bill to incorporate and provide a charter for the City of Graham.
Referred to Committee on Urban and County Affairs.
HB 1028. By Representatives Smith of the 152nd, Moody of the 153rd and Byrd of the 153rd: A bill to amend an Act creating the office of commissioners of Roads and Reve nues of Brantley County, so as to provide a new mileage rate for the chairman and board of commissioners.
Referred to Committee on Urban and County Affairs.
HB 1032. By Representative Balkcom of the 140th: A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds.
Referred to Committee on Urban and County Affairs.
HB 1033. By Representative Balkcom of the 140th: A bill to consolidate the offices of tax receiver and tax collector of Baker County into the office of tax commissioner of Baker County.
Referred to Committee on Urban and County Affairs.
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 5:10 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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JOURNAL OF THE SENATE

Senate Chamber, Atlanta, Georgia Tuesday, March 12, 1991
Thirty-eighth Legislative Day

The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by Senator Deal of the 49th, President Pro Tempore.
Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
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 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 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 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.

TUESDAY, MARCH 12, 1991

1801

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 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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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.
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 205. By Senators Foster of the 50th, Ragan of the 10th, Deal of the 49th and others: A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance.
SR 235. By Senator Huggins of the 53rd: A resolution designating the Lyle Jones Parkway.
The House has agreed to the Senate substitute, to the House substitute, to the follow ing bill of the Senate:
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 House has agreed to the Senate substitutes to the following bills of the House:
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

1802

JOURNAL OF THE SENATE

birth for adoptees born outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation.
HB 465. By Representatives Breedlove of the 60th, Jackson of the 9th, Lawson of the 9th, Beatty of the 12th and Wall of the 61st:
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.
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 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.
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 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 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 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.

TUESDAY, MARCH 12, 1991

1803

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 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.
The House has agreed to the Senate substitutes to the following resolutions of the House:
HR 285. By Representative Lane of the 27th: A resolution creating the Airports Study Committee.
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.
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 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 santiary sewer line, in, on, over, under, upon, across, or through property owned by the State of Georgia in Dodge County, Georgia.
The House has agreed to the Senate amendments to the following bills of the House:
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 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 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.

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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.

HB 268. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Hamilton of the 124th:
A hill 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 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 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.

The following resolutions of the Senate were introduced, read the first time and re ferred to committee:

SR 298. By Senator Dean of the 31st: A resolution amending the Rules of the Senate.
Referred to Committee on Rules.

SR 299. By Senators Collins of the 17th, Newbill of the 56th, Bowen of the 13th and others:
A resolution creating a Senate Study Committee on the Regulation of Firearms Sales.
Referred to Committee on Rules.

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

Mr. President:

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

HR 336. Do pass.

HR 18. Do pass.

HR 107. Do pass.

HR 109. Do pass.

HR 104. Do pass.

HR 184. Do pass.

TUESDAY, MARCH 12, 1991

1805

HR 119. Do pass. HR 40. Do pass.
Mr. President:

HR 42. Do pass.
Respectfully submitted, Senator Johnson of the 47th District, Chairman

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 533. Do pass by substitute. HB 693. Do pass. HB 774. Do pass.
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 187. HB 537. HB 594. HB 794.

Do pass. Do pass by substitute. Do pass. Do pass.

HB 718. HB 798. HR 332.

Do pass. Do pass. 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 House and has instructed me to report the same back to the Senate with the following recommendations:
SR 292. Do pass. SR 294. Do pass.
HR 347. 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 451. Do pass by substitute.

1806

JOURNAL OF THE SENATE

HB 785. Do pass.

Respectfully submitted, Senator Edge of the 28th 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 919. 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 455. Do pass.

HB 995. Do pass.

HB 542. Do pass.

HB 1005. Do pass.

HB 649. Do pass. HB 736. Do pass.

HB 1008. Do pass. HB 1010. Do pass.

HB 953. Do pass.

HB 1012. Do pass.

HB 981. Do pass.

HB 1014. Do pass.

HB 982. Do pass by substitute.

HB 1015. Do pass.

HB 990. Do pass.

HB 1016. Do pass.

HB 992. Do pass.

HB 1021. 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 House and has instructed me to report the same back to the Senate with the following recommendation:
HB 654. 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:

SR 292. By Senators Ramsey of the 54th, Garner of the 30th and Bowen of the 13th:
A resolution creating the Senate Study Committee on Retirement Benefits for Municipal and County Law Enforcement Officers.

SR 294. By Senators Tate of the 38th, Coleman of the 1st and Bishop of the 15th:
A resolution creating the Older and Handicapped Georgians' Transportation Task Force.

TUESDAY, MARCH 12, 1991

1807

HB 187. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a driver's license in lieu of bail, so as to provide for extension of the period in which the receipt for deposit of a driver's license in lieu of bail is valid.
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.
HB 533. By Representative Holland of the 136th:
A bill of 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.
HB 537. By Representatives Jenkins of the 80th, Moultrie of the 93rd, Walker of the 113th and others:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services.
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.
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.
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 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.

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JOURNAL OF THE SENATE

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 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 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 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 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 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.
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.
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.
HR 42. By Representative Barnett of the 10th:
A resolution compensating Mr. Edmund J. Heartstedt in the sum of $454.63.
HR 104. By Representative Pettit of the 19th:
A resolution compensating Conestoga Management, Inc., L. F. Heilman, President.

TUESDAY, MARCH 12, 1991

1809

HR 107. By Representative Wilder of the 21st: A resolution compensating Ms. Wilma G. Hargus in the sum of $653.65.

HR 109. By Representative Adams of the 79th: A resolution compensating Mr. Gary J. Daniel in the sum of $1,595.22.

HR 119. By Representative Orrock of the 30th: A resolution compensating Mr. Keith Stephen Marks in the sum of $13,741.00.

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.

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.

HR 336. By Representative Padgett of the 86th: A resolution compensating Mr. Marshall D. Coursey in the sum of $952.41.

HR 347. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and others:
A resolution creating the Joint Study Committee on Fines and Forfeitures and an advisory council thereto.

Senator Deal of the 49th, President Pro Tempore, who was presiding, called for the morning roll call, and the following Senators answered to their names:

Albert Alien Baldwin Bowen
B/C-i oiltih-onns Dawkins Echols
Edge Egan Foster
Garner

Gillis Harris Hasty Henson
HHTToilol ki s Huggins Johnson
Kidd Marable Moye
Olmstead

Perdue Pollard Ramsey R av !K?o,,m,,nson,
Tate Taylor Tysinger Walker of 22nd

Those not answering were Senators:

Bishop Broun Clay Coleman Deal (presiding) Dean English

Hammill Langford Newbill Perry Phillips Ragan of 10th Ragan of 32nd

Shumake Steinberg Thompson Timmons Turner Walker of 43rd White

1810

JOURNAL OF THE SENATE

Senator Walker of the 22nd introduced the chaplain of the day, Dr. C. S. Hamilton, pastor of the Tabernacle Baptist Church, Augusta, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 297. By Senators White of the 48th, Perry of the 7th, Ray of the 19th and others: A resolution commending the 24th Infantry Division of the U.S. Army from Fort Stewart.
SR 300. By Senator Timmons of the llth: A resolution commending Charles "Charlie" Martin Cowart.
SR 301. By Senator Timmons of the llth: A resolution commending the Calhoun County High School girls' basketball team.
SR 302. By Senators Hasty of the 51st, Foster of the 50th, Deal of the 49th and Ramsey of the 54th: A resolution expressing regret at the passing of Honorable Phillip Mitchell Landrum.
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 12, 1991
THIRTY-EIGHTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
SB 455 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Egan, 40th Steinberg, 42nd Henson, 55th 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 with out 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; to provide for a revolving loan fund; to provide for grants.
HB 542 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th

TUESDAY, MARCH 12, 1991

1811

Egan, 40th Newbill, 56th
A bill to delete the sheriff of Fulton County from an Act providing for the appointment of chief deputies by certain county officers of Fulton County.
HB 649 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Egan, 40th Newbill, 56th
A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in Fulton County during designated registration periods.
HB 736 Bowen, 13th
A bill to change the composition of the board of commissioners of Ben Hill County.
HB 953 Ray, 19th
A bill to provide for the Board of Education of Pulaski County and consoli date and restate provisions of law relating to the board; to provide for the nonpartisan nomination and election of the members of the Board of Educa tion of Pulaski County upon the expiration of regular terms of office.
HB 981 Bishop, 15th Robinson, 16th
A bill to repeal an Act providing for certain adjustments in the exemptions from ad valorem taxation of homesteads for certain purposes in Muscogee County.
*HB 982 Bishop, 15th Robinson, 16th
A bill to repeal an Act that allows certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated citycounty government purposes. (SUBSTITUTE)
HB 990 Garner, 30th Moye, 34th
A bill to create and establish the Douglasville-Douglas County Charter Com mission.
HB 992 White, 48th
A bill creating a new charter for the City of Buford, so as to deannex certain property from the corporate limits of the city.
HB 995 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th
A bill to change the date on which the tax commissioner is to certify certain property tax information to the governing authorities in DeKalb County.

1812

JOURNAL OF THE SENATE

HB 1005 Dawkins, 45th A bill to provide for homestead exemptions from Newton County and Newton County School District ad valorem taxation.
HB 1008 Perdue, 18th Olmstead, 26th Harris, 27th A bill to change the corporate limits of the City of Macon.
HB 1010 Collins, 17th A bill to provide for the creation of one or more community improvement districts in Henry County and in each municipality therein.
HB 1012 Collins, 17th A bill to change the compensation of the chairman and other members of the Board of Education of Henry County.
HB 1014 Kidd, 25th A bill to create a public body corporate and politic and an instrumentality of the City of Sparta and Hancock County, to be known as the Sparta-Hancock Public Facilities Authority.
HB 1015 Collins, 17th A bill to change the compensation of the chief magistrate of the Magistrate Court of Henry County.
HB 1016 Collins, 17th A bill to provide for a salary and expense allowance for the coroner of Henry County.
HB 1021 Moye, 34th Langford, 35th A bill to provide for districting of the City of College Park into four wards; to provide for the date of municipal elections.
The substitute to the following bill was put upon its adoption:
*HB 982:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 982:
A BILL
To be entitled an Act to repeal an Act approved March 18, 1986 (Ga. L. 1986, p. 3800), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consoli dated city-county government purposes; to repeal that constitutional amendment duly rati fied at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for

TUESDAY, MARCH 12, 1991

1813

purposes of ad valorem taxation for school and consolidated city-county government pur poses; to provide the authority for this Act; to provide for a referendum; to repeal conflict ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. That Act approved March 18,1986 (Ga. L. 1986, p. 3800), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitu tion of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated citycounty government purposes is repealed in its entirety.

Section 2. That constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem taxation for school and consolidated city-county government purposes and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia is repealed in its entirety.

Section 3. This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987.

Section 4. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election super intendent of Muscogee County shall call and conduct an election for the purpose of submit ting this Act to the electors of Muscogee County and the Muscogee County School District for approval or rejection. The superintendent shall cause the date and purpose of the elec tion to be published once a week for two weeks immediately preceding the date thereof in the official organ of Muscogee County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the local constitutional amendment be repealed which provides for the assessment of certain homestead property of Muscogee County for ad valorem tax purposes so that after such repeal, homestead property in Mus cogee County will be assessed for ad valorem tax purposes in the manner provided by the general laws of this state?"

All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of Sections 1 through 3 of this Act, then Sections 1 through 3 of this Act shall become of full force and effect immediately and shall be applica ble to all taxable years beginning on or after January 1 immediately following such election; otherwise this Act shall be void and of no force and effect and shall be automatically re pealed upon the date the election results are certified under this section. In the event the election provided for in this section is not conducted on or before the date of the November, 1992, general election, this Act shall stand repealed in its entirety on December 31, 1992.

The expense of such election shall be borne by Muscogee County. It shall be the super intendent's duty to certify the result thereof to the Secretary of State.

Section 5. Except as otherwise provided in Section 4 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

Section 6. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.

1814

JOURNAL OF THE SENATE

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 Coleman Collins DDaewankins Echols
Edge
Egan
English
Foster
Garner

Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd LMaanrgafbolred Moye
Newbill
Olmstead
Perdue
Perry
Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate _Tayl,or Thompson
Timmons
Turner
Tysinger
Walker of 43rd
White

Those not voting were Senators:

Alien Deal (presiding)

Gillis Ragan of 10th

Shumake Walker of 22nd

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 982, having received the requisite constitutional majority, were passed.

HB 982, having received the requisite constitutional majority, was passed by substitute.

Senator Foster of the 50th introduced Darla Pruett, Miss Georgia 1990, who was com mended by SR 206, adopted previously.

SENATE RULES CALENDAR Tuesday, March 12, 1991
THIRTY-EIGHTH LEGISLATIVE DAY

HB 928 World Congress Center Authority--conviction data on officers, employees (Amendment) (ED&T--41st)
HB 584 County, Regional Libraries--members of board of trustees (Ed--31st)
HR 352 Warm Springs--state lease property with hydrotherapy pool complex (Amend ment) (F&PU--29th)

HB 769 Insurance Regulation--multiple employer self-insurance health plans (I&L--56th)
HB 398 Rockdale Judicial Circuit Superior Court--additional judge (Judy--45th)
HB 461 Continuances When Witness Absent--change provisions (Substitute) (Judy--29th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 8, 1991.)

TUESDAY, MARCH 12, 1991

1815

SR 285 Senate Study Committee on Growth and Economic Development in the South east--create (Rules--30th)
HB 454 Certain Law Enforcement, Firemen Disabled on Duty--indemnification provi sions (Substitute) (Gov Op--30th)
HB 674 Property for Roads--public road purpose include wetland mitigation (Trans--6th)
HR 185 Toll Free Phone Service--urge county-wide expansion to 22 miles (F&PU--47th)
HR 105 Disrespectful Acts Involving Flags--call constitutional convention for amend ment (Gov Op--25th)
HB 360 Blue Ridge Judicial Circuit Superior Courts--create third judgeship (Substitute) (Judy--49th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 11, 1991.)
HB 402 Certain Cemeteries--protection, preservation (Substitute) (Gov Op--25th)
HB 643 Mountain, River Corridor Protection--minimum standards (Nat R--45th)
HR 189 Medicaid Program--urge congressional delegation improve (H&HS--26th)
HB 563 Property Transfer Tax--beneficiary exemption (Judy--40th)
HR 74 Floyd County--conveyance of state property (Substitute) (Amendment) (F&PU--52nd)
HB 906 Health Insurance Sold After 7/1/91--applicability of Chapter 31 (I&L--22nd)
HB 1 Sales Tax--repeal exemption for certain food (F&PU--45th)
HB 475 Boll Weevil Eradication Act--exemption, financial hardship cases (Ag--10th)
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 7, 1991.)
HB 811 Unlawful Wildlife Killing at Night--condemnation of property (Nat R--54th)
HB 226 Nonprofit Corporations--revise, replace laws (Judy--47th)
HB 333 Delinquent Tax Collection--garnishment procedures of revenue commissioner (B&FI--8th)
HB 608 Local Government--change population requirements relating to certain cities (Substitute) (U&CA G--27th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 7, 1991.)
HB 406 Occupational Disease--time period for filing claims (Amendment) (I&L--22nd)
HB 412 County Tax Digest Rejections--appeals (F&PU--44th)
HB 283 Timber--provide for ad valorem taxation (Substitute) (F&PU-^Sth)
HB 516 Atlanta Judicial Circuit Superior Court--additional judge (Judy--40th)
HB 469 Defendant's Plea of Insanity--DHR may request release hearing (Substitute) (Judy--29th)
HB 217 Georgia Hazardous Chemical List--delete certain provisions on review (Amend ment) (Nat R--22nd)
HB 905 Group Health Insurance--notice of termination, nonrenewal (Substitute) (I&L--37th)

1816

JOURNAL OF THE SENATE

HB 558 Water Treatment Plant Operator--amend automatic repeal of chapter (Nat R--20th)
HB 604 Adoption Petitions--change certain requirements (Substitute) (YA&HE--36th)
HB 758 Peer Review Groups--redefine "review organization" (S Judy--16th)
HB 232 Cities/Counties--law enforcement assistance contract with other states (Pub S--34th)
HB 366 Homicide--time within which death must occur (Substitute) (Judy--33rd)
HB 175 Farm Equipment Warranty Act--create (Substitute) (Ag--21st)
HB 561 Water Well Construction Licensing--change provisions on proof of experience (Gov Op--5th)
HB 889 Mental Health--provisions on administration of laws (Amendment) (S Judy--28th)
HB 417 Incapacitated Adults--emergency guardians (S Judy--40th) HB 782 Use of Certain Tollway Facilities--parking fee (Substitute) (Trans--1st)
HB 746 Seafood--penalty for violation of certain provisions (Amendment) (NAT R--3rd)
HB 29 Parental Rights Termination--copy of order to Division of Family and Children Services (Substitute) (Judy--42nd)
HB 416 District Attorneys--appoint attorneys regarding child support recovery (Substi tute) (Judy--29th)
Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman
Senate Rules Committee
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 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.
Senate Sponsor: Senator Tysinger of the 41st.
Senators Tysinger of the 41st, Broun of the 46th and Tate of the 38th offered the fol lowing amendment:
Amend HB 928 by striking the quotation marks at the end of line 19 of page 8 and by inserting between lines 19 and 20 of page 8 the following:
"(5) Law enforcement officers employed by the state or the county or municipality in which properties, projects, or facilities of or under the control or management of the author ity are located may with respect to the police officers and security guards provided for under this subsection, exercise:
(A) Concurrent law enforcement jurisdiction over protecting and preserving such properties, projects, or facilities; and
(B) The power to enforce law and order and in the event of conflict shall have jurisdic tion over such Authority police officers and security guards on law enforcement matters and investigation of offenses committed on such properties, projects or facilities.".

TUESDAY, MARCH 12, 1991

1817

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
froun urton XCCoo,llyleimmnsan Dawkins Dean Echols Edge Egan Foster Gillis

Hammill Harris Henson Hill Hooks
Huggins Johnson KTLaidndgf,ord, Marable Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson Scott SS,,,htaurmr ake Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Deal (presiding) English Garner

Hasty 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 as amended.

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.
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 Coleman

1818

JOURNAL OF THE SENATE

Collins Dean Echols Ed8e
H HHaa.mrm rims iilil Hasty Henson Hill Hooks

Huggins Johnson Kidd
Langford Marable Moye ON_,lemwsbtiellad, Perdue Perry Phillips Pollard

Ragan of 32nd Ray Robinson
Scott Starr Tate T_Thuornmepr son Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Dawkins Deal (presiding) English Garner

Ragan of 10th Ramsey Shumake

Steinberg Taylor Timmons

On the passage of the bill, the yeas were 46, nays 0.

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

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.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Finance and Public Utilities offered the following amendment:

Amend HR 352 by striking from line 11 on page 3 the figure "25" and inserting in lieu thereof the figure "45".

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 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 Hill Hooks Huggins Kidd Langford Marable

TUESDAY, MARCH 12, 1991

1819

Moye Newbill Olms tead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate

Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Deal (presiding)

Johnson (excused conferee)

Garner (excused conferee) Scott

Henson

Shumake

Steinberg Taylor

On the adoption of the resolution, the yeas were 48, nays 0.

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

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

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.

Senator Pollard of the 24th moved that the Senate recede from the Senate amendment to HR 290.

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 Burton Clay Collins Dawkins Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Pollard

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:

Coleman

Johnson (excused conferee)

Deal (presiding)

Olmstead

Garner (excused conferee) Phillips

Ragan of 10th Shumake

1820

JOURNAL OF THE SENATE

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HR 290.

The President assumed the Chair.

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

HB 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.
Senate Sponsor: Senator Newbill of the 56th.

Senator Thompson of the 33rd offered the following amendment:

Amend HB 769 by adding at the end of line 2 of page 1 the following:
"provide for the publication by an insurer of an annual summary of its financial condi tion and matters relative thereto; to".
By adding between lines 18 and 19 of page 1 the following:
"is amended by adding at the end of Chapter 9, relating to the regulation of rates, underwriting rules, and related organizations, a new 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 summary of its financial condition. Such publication shall be made only once on the first Friday in April of each year in a newspaper of general circulation in Fulton County or in the county of the insurer's principal business office. The summary 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. Said title further".
By striking "Section 2." on line 28 of page 7 and inserting in its place "Section 3."
By striking "Section 3." on line 30 of page 7 and inserting in its place "Section 4."

On the adoption of the amendment, the yeas were 24, nays 5, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen Broun
Burton Clay

Coleman Collins Dawkins
Deal Dean Echols
Edge Egan

English Foster Garner
Gillis Hammill Harris
Hasty Hill

TUESDAY, MARCH 12, 1991

1821

Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue

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:

Henson Johnson

Shumake Taylor

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 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.
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 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 Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Coleman Gillis Hooks

Phillips Shumake Starr

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.

1822

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 328 was as follows:
A BILL
To be entitled an Act 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 instruments, pro cedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use; 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 12 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to effectiveness of educational progams under the "Quality Basic Edu cation Act," is amended by striking Code Section 20-2-281, relating to methods of assess ment of effectiveness, and inserting in its place a new Code Section 20-2-281 to read as follows:
"20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Curriculum-based assess ments of the quality core curriculum and nationally norm-referenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Only the curriculum-based assessments in grades three, five, and eight and the eleventh grade norm-referenced instrument may be administered by matrix sample. Writing assess ments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests. The curriculum-based assessments that the state board shall develop shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140. The curriculum-based assessments shall place emphasis upon reading, writing, mathematics, science, and social studies. All such curriculum-based assessments shall include process and application skills as assessed in a range of academic content, shall exceed minimum and essential skills by extending the assessments' range of difficulty, and shall emphasize higher order thinking skills.
(b) The nationally normed assessments provided for in subsection (a) of this Code sec tion shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Curriculum-based assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the classroom, school, system, and state levels. The State Board of Educa tion shall participate in the National Assessment of Educational Progress (NAEP). The re sults of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board

TUESDAY, MARCH 12, 1991

1823

shall adopt a school readiness assessment for students entering first grade and shall admin ister such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. The state board shall develop, subject to appropriation by the General Assembly, a compre hensive item bank which shall be representative of grade levels three, five, eight, and 11 and content areas contained within the uniformly sequenced core curriculum approved by the state board for those grades pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at designated grade levels shall range proportionally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels.
(c) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education pro gram and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d) Local school systems may not use state funds to purchase or administer assessments other than those specified in subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or whole, individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally authorized funds allocated to state or local systems or both, are authorized to expend a portion of the allocated state program funds for such testing purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 328 as amended by the following amendment:

Amend the House substitute to SB 328 as follows:
Page 3, beginning on line 23, add the words:
"These assessments of student achievement shall be used as one of the criteria for awarding salary supplements on a career ladder program pursuant to Code Section 20-2-213 and as one of the components in the comprehensive evaluation pursuant to Code Section 202-282."

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 Clay Coleman Collins Dawkins

Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill

Harris Hasty Henson Hill Johnson Kidd Langford Marable Moye Olmstead

1824

JOURNAL OF THE SENATE

Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Robinson Scott Steinberg

Tate Taylor Turner Walker of 43rd White

Those not voting were Senators:

Bowen Hooks Huggins Newbill

Ramsey Shumake Starr Thompson

Timmons Tysinger Walker of 22nd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 328 as amended by the Senate.

The following resolution of the Senate was read and adopted:

SR 303. By Senators Phillips of the 9th and Ramsey of the 54th:
A resolution commending the Georgia State University basketball team on win ning the Trans America Athletic Conference Tournament.

Senator Phillips of the 9th introduced Dr. Sherman R. Day, Acting President of Geor gia State University, who briefly addressed the Senate, and he also introduced the Georgia State Basketball Team.

Lieutenant Governor Howard introduced Coach Bob Reinhart, who briefly addressed the Senate.

The following general bill of the House, having been read the third time and final ac tion suspended on March 8, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.

The substitute to HB 461 offered by Senator Baldwin of the 29th on March 8, and adopted as amended by the amendment offered by Senators Baldwin of the 29th and Edge
of the 28th on March 8, as they appear in the Journal of March 8, was automatically recon sidered and put upon its adoption.

Senators Baldwin of the 29th and Edge of the 28th offered the following amendment:

Amend the Senate substitute to HB 461 by adding on line 10 of page 1 after "show;" the following:
"to amend Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to affidavits to accompany charges of professional malpractice, so as to provide for qualifica tions for expert witnesses;".
By redesignating Section 3 as Section 4.
By adding, following Section 2, a new Section 3 to read as follows:
"Section 3. Code Section 9-11-9.1 of the Official Code of Georgia Annotated, relating to

TUESDAY, MARCH 12, 1991

1825

affidavits to accompany charges of professional malpractice, is amended by adding at the end thereof a new subsection (g) to read as follows:
'(g) As defined in this Code section, and as otherwise applicable to the testimony of expert witnesses in cases of professional malpractice and notwithstanding any provisions of law which could be construed to the contrary, an expert witness shall be one who is other wise qualified to testify as to the acceptable conduct of the professional whose conduct is in issue and who, at the time the act or omission is alleged to have occurred, was:
(1) Licensed by the appropriate regulatory agency to practice his or her profession in the state in which such witness was practicing the profession at such time;
(2) Actively engaged in practicing the profession for at least three of the last five years immediately preceding such time or was currently employed and spending at least half of his or her professional time on the faculty of an educational institution accredited in the teaching of the professional discipline about which the witness is to testify; and
(3) Fully trained and experienced in the specific area of professional discipline about which the witness is to testify.' "

On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton
Coleman DCoawlliknisns Deal Dean Echols Edge Egan English

Foster Gillis Hammill Harris Henson Hil1 Hooks
Kidnd MMoayraeble Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr
STte.inberg ,liaayl,or Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Garner Hasty

Huggins Langford

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.

1826

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Pollard of the 24th moved that the Senate insist upon the Senate substitute to HB 279.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 279.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 281 was as follows:
A BILL
To be entitled an Act to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, so as to allow such authorities to own and operate projects in other cities and counties under certain cir cumstances and upon the request or approval of the governing bodies and hospital authori ties of such other city and county; to authorize hospital authorities to provide services and financial assistance to certain private not for profit organizations for purposes related to the provision of medical services or related social services to citizens; to provide that all authori ties shall be authorized to exercise certain powers granted to joint authorities; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to county and municipal hospital authorities, is amended by striking paragraph (1) of Code Section 31-7-71, relating to definitions, and inserting in its place a new paragraph (1) to read as follows:
"(1) 'Area of operation' means the area within the city or county activating an author ity. Such term shall also mean any other city or county in which the authority wishes to operate, provided the governing authorities and the board of any hospital authorities of such city and county request or approve such operation."
Section 2. Said article is further amended by striking paragraph (5) of Code Section 317-71, relating to definitions, and inserting in its place a new paragraph (5) to read as follows:
"(5) 'Project' includes the acquisition, construction, and equipping of hospitals, health care facilities, dormitories, office buildings, clinics, housing accommodations, nursing homes,

TUESDAY, MARCH 12, 1991

1827

rehabilitation centers, extended care facilities, and other public health facilities for the use of patients and officers and employees of any institution under the supervision and control of any hospital authority or leased by the hospital authority for operation by others to pro mote the public health needs of the community and all utilities and facilities deemed by the authority necessary or convenient for the efficient operation thereof. Such term may also include any such institutions, utilities, and facilities located outside the city or county in which the authority is located, provided that the acquisition, construction, equipping, and operation thereof is requested or approved by the governing bodies of such city and county in which the project is located and by the board of any hospital authorities located within such city and county or provided that the acquisition, construction, equipping, and opera tion is to be located in the area of operation of the authority."
Section 3. Said article is further amended by striking the word "and" where it appears at the end of paragraph (24) and by striking paragraph (25) of Code Section 31-7-75, relat ing to the functions and powers of hospital authorities, and inserting in lieu thereof new paragraphs (25) and (26) to read as follows:
"(25) To provide financial assistance to individuals for the purpose of obtaining educa tional training in nursing or another health care field if such individuals are employed by, or are on an authorized leave of absence from, such authority or have committed to be em ployed by such authority upon completion of such educational training; and to provide ser vices and financial assistance to private not for profit organizations in the form of grants and loans, with or without interest and secured or unsecured at the discretion of such au thority, for any purpose related to the provision of health or medical services or related social services to citizens; and
(26) To exercise the same powers granted to joint authorities in subsection (f) of Code Section 31-7-72."
Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.
Senator Starr of the 44th moved that the Senate agree to the House substitute to SB 281.
Senator Moye of the 34th moved that the Senate agree to the House substitute to SB 281 as amended by the following amendment:
Amend the House substitute to SB 281 by inserting on line 14 of page 1 following the word and symbol "foregoing;" the following: "to amend Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions, so as to provide additional such exemptions;"
By inserting immediately following line 19 of page 3 the following:
"Section 3A. Code Section 31-6-47 of the Official Code of Georgia Annotated, relating to exemptions from certain provisions, is amended by striking the word "and" at the end of paragraph (15) of subsection (a), by striking at the end of paragraph (16) of subsection (a) the period and inserting in its place a semicolon, and by adding immediately thereafter the following:
'(17) Any county having a population of 50,000 or more according to the United States decennial census of 1990 or any future such census, which county is not served by an acute care general hospital within the boundaries of such county; provided, however, that any such county shall no longer be exempt from the provisions of this chapter after an acute care general hospital has been licensed in such county; and
(18) All nonclinical health services regardless of capital expenditure involved.'"

1828

JOURNAL OF THE SENATE

On the motion offered by Senator Moye of the 34th, which takes precedence, the Presi dent ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin
lBTMurteonn Echols Egan

Garner Hill
Kidd
Move Newbill

Perry Phillips
RamseyJ Timmons Walker of 43rd

Those voting in the negative were Senators:

Alien Bishop Clay Coleman
Foster Gillis Hammill Harris Hasty

Henson Hooks Huggins Johnson
Marable Olmstead
Perdue Pollard Ragan of 10th Ragan of 32nd Ray

Robinson Scott Starr Steinberg
Tate Taylor
Thompson Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Broun Deal

Edge English

Langford Shumake

On the motion, the yeas were 16, nays 34, the motion was lost, and the Senate did not agree to the House substitute to SB 281 as amended by the amendment offered by Senator Moye of the 34th.

On the motion offered by Senator Starr of the 44th, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Burton
CCo^lyeman Collins DDaewankins Echols Edge Egan Foster Garner Gillis

Hammill Harris Hasty Henson Hill Hooks
JHoohgngsionns Kidd MMoayraeble Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Robinson gcott Starr
rSptetinberg ,,, T*hfoymlorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

TUESDAY, MARCH 12, 1991

1829

Those not voting were Senators:

Broun Deal

English Langford

Ramsey Shumake

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 281.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendments, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:

HB 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.

The Speaker has appointed on the part of the House, Representatives Jackson of the 9th, Parham of the 105th and Barnett of the 10th.

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 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.

The Speaker has appointed on the part of the House, Representatives Pettit of the 19th, Watson the 114th and Green of the 106th.

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 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.

1830

JOURNAL OF THE SENATE

The Speaker has appointed on the part of the House, Representatives Thomas of the 69th, Groover of the 99th and Chambless of the 133rd.

The House insists on its position in substituting the following bills of the Senate:

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.

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

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.

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

Foster Gillis Hammill Harris Hasty Hill

Clay CCoollelimnsan
Dawkins Deal Dean Echols Edge Egan English

Huggms KMiadrdable
Moye Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Rav Robinson gcott
Shumake o, S*teinbuerg
late Taylor Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Garner (excused conferee) Johnson (excused conferee)

Henson

Langford

Thompson Walker of 22nd

On the adoption of the resolution, the yeas were 50, nays 0.

TUESDAY, MARCH 12, 1991

1831

The resolution, having received the requisite constitutional majority, was adopted.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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 definiton 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.
Senator Hammill of the 3rd moved that the Senate adhere to the Senate substitute, and that a Conference Committee be appointed.
On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 272.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garner of the 30th, Hammill of the 3rd and Kidd of the 25th.
The following bills and resolutions of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Garner of the 30th.
Senator Hill of the 4th offered the following substitute to HB 454:
A BILL
To be entitled an Act to amend Article 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, so as to include certain law enforcement personnel employed by the Public Service Commission within the meaning of 'law enforcement officer' as defined in paragraph (5) of Code Section 45-9-81, in order that said law enforcement personnel of the Public Service Commission shall be eligible for in demnification under said article with respect to death or disability occurring in the line of duty; to change the time by which applications must be filed for indemnification with re spect to certain law enforcement officers, firemen, or prison guards permanently disabled in the line of duty; 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 5 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to indemnification of law enforcement officers, firemen, prison guards, and publicly employed emergency medical technicians, is amended by striking paragraph (5) of Code

1832

JOURNAL OF THE SENATE

Section 45-9-81, relating to definitions used in said article, in its entirety and inserting in lieu thereof a new paragraph (5) to read as follows:
"(5) 'Law enforcement officer' means any agent or officer of this state, or a political subdivision or municipality thereof, who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to en force the criminal or traffic laws and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of human resources pursuant to paragraph (2) of subsection (i) of Code Section 49-5-10, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Human Resources or who have broken the conditions of supervision and employees designated and delegated law enforce ment powers by the Public Service Commission pursuant to Code Sections 46-7-28, 46-7-70, and 46-11-6, which personnel have the duty to enforce the laws relating to motor carriers and the transportation of hazardous materials."
Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 45-9-86, relating to applications for indemnification with respect to law en forcement officers, firemen, prison guards, and emergency medical technicians killed or per manently disabled in the line of duty, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty subsequent to January 1, 1973, and prior to January 1, 1979, must be made prior to January 1, 1989. An application for indem nification relative to any law enforcement officer, fireman, or prison guard permanently dis abled in the line of duty subsequent to January 1, 1979, and prior to January 1, 1980, must be made prior to January 1, 1982. An application for indemnification relative to any law enforcement officer, fireman, or prison guard permanently disabled in the line of duty on and after January 1, 1980, and prior to January 1, 1984, must be made prior to January 1, 1992. An application for indemnification relative to a permanent disability occurring on or after January 1, 1984, must be made within 24 months of the date the permanent disability occurred."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 454 would be suspended and placed on the Senate General Calendar.
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.
Senate Sponsor: Senator Echols of the 6th.
Senator Dean of the 31st moved that HB 674 be committed to the Senate Committee on Transportation.
On the motion, the yeas were 39, nays 0; the motion prevailed, and HB 674 was com mitted to the Senate Committee on Transportation.

TUESDAY, MARCH 12, 1991

1833

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.
Senate Sponsor: Senator Johnson of the 47th.

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 Edge Egan

English Foster Hammill 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 Tate Taylor Timmons Turner Tysinger White

Those not voting were Senators:

Echols
Garner Gillis Perry

Ramsey
Shumake Starr Steinberg

Thompson Walker of 22nd Walker of 43rd

On the adoption of the resolution, the yeas were 45, nays 0.

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

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.
Senate Sponsors: Senators Kidd of the 25th and Perry of the 7th.

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:

1834

JOURNAL OF THE SENATE

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 Hasty Hil1 Hooks
Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
Shumake
Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Henson

Steinberg

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 House, having been read the third time and final ac tion suspended on March 11, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Deal of the 49th.

The substitute to HB 360 offered by Senator Phillips of the 9th on March 11, as it appears in the Journal of March 11, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the 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

Bowen Broun Burton Clay

Collins Dawkins Deal Dean

TUESDAY, MARCH 12, 1991

1835

Bchols Edge Egan English Foster Garner Gillis 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 Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Coleman Hammill

Hill 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.

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

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.

Senator Turner of the 8th moved that the Senate adhere to its disagreement to the House substitute to SB 39, and that a Conference Committee be appointed.

On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 39.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Turner of the 8th, Robinson of the 16th and Albert of the 23rd.

The following bills of the House were taken up for the purpose of considering the House action thereon:

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.

Senator Baldwin of the 29th moved that the Senate adhere to the Senate substitute to HB 70, and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 70.

1836

JOURNAL OF THE SENATE

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Edge of the 28th, Baldwin of the 29th and Garner of the 30th.
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.
Senator Deal of the 49th moved that the Senate adhere to the Senate amendments to HB 245, and that a Conference Committee be appointed.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HB 245.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators White of the 48th, Deal of the 49th and Ramsey of the 54th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 279 was as follows:
A BILL
To be entitled an Act 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 relating to local governments providing defenses for their officers and employees; 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. 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, coun ties, and other public bodies, is amended by striking Code Section 45-9-21, relating to fur nishing a defense to officers and employees of municipalities, counties, and other public bodies in lieu of insurance, and inserting in its place a new Code section to read as follows:
"45-9-21. (a) In lieu of obtaining the insurance or indemnity referred to in Code Section 45-9-20 or in addition thereto, such municipalities, counties, and other public bodies may, in their discretion, as a part of the compensation and terms of employment of members of the governing bodies of such municipalities, counties, and other public bodies, and of supervi sors, administrators, employees, or other elected or appointed officers, adopt policies whereby the municipality, county, and other public body will undertake to defend all or

TUESDAY, MARCH 12, 1991

1837

specified civil, criminal, or quasi-criminal actions brought or maintained against members of the municipality, county, or other public body, or against supervisors, administrators, em ployees, or other elected or appointed municipal or county officers, arising out of the per formance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common law, or statutory rights.
(b) The governing authority of a municipality, county, or other public body shall not be authorized to furnish a defense to any person charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which said governmental entity has an interest.
(c) Notwithstanding the provisions of subsection (b) of this Code section, the governing authority of a municipality, county, or other public body shall be authorized to reimburse any person charged with a criminal offense involving theft, embezzlement, or other like crime with respect to the property or money of or in which said governmental entity has an interest for all or a part of the cost of the defense of such person if such person is found not guilty of such crime or if the charges against such person are dismissed or nolle pressed.
(d) A municipality, county, or other public body may expend state, federal, and local funds to effectuate the provisions of this Code section, including, but not limited to, attor ney's fees, court costs, deposition costs, witness fees and compensation, and all other like costs, expenses, and fees."
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 Baldwin of the 29th moved that the Senate agree to the House substitute to SB 279.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun Burton Collins Dawkins Deal Dean Echols Edge 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 Shumake Starr Tate Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Albert Clay Coleman

Egan Scott Steinberg

Taylor Walker of 22nd

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On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 279.
Senator Marable of the 52nd introduced the doctor of the day, Dr. Dee B. Russell, of Rome, Georgia.
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 927. By Representatives Watson of the 114th and Walker of the 113th:
A bill to create and establish the Warner Robins Building Authority, a body cor porate and politic and an instrumentality of the State of Georgia.
HB 1046. By Representatives Lee of the 72nd, Chafin of the 72nd, King of the 72nd, Benefield of the 72nd and Buckner of the 72nd:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the deputy tax commissioner.
HB 1047. By Representatives Watson of the 114th and Walker of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.
HB 1049. By Representative Blitch of the 150th:
A bill to amend an Act incorporating the City of Homerville in Clinch County, so as to revise provisions relating to meetings of the city council.
The House has disagreed to the Senate substitutes to the following bills of the House:
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.
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.

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1839

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 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.
The Speaker has appointed on the part of the House, Representatives Dunn of the 73rd, Parrish of the 109th and Ricketson of the 82nd.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Kidd of the 25th.
The Senate Committee on Governmental Operations offers the following substitute to HB 402:
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 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; to repeal Code Section 36-60-6.1, relating to the preser vation and protection of abandoned or unmaintained cemeteries; to provide a statement of policy; to define certain terms; to authorize local governing authorities to preserve and pro tect certain cemeteries and burial grounds; to provide that no cemetery or burial ground shall be disturbed unless a permit is first obtained from the local government wherein such cemetery or burial ground is located; to provide for matters relative to an application for such permit; to provide for notification of certain persons; to provide conditions for the granting of such permit; to provide for appeal; to provide for certain activities by an appli cant during the period of appeal under certain conditions; to provide for certain inspections for compliance; to provide for certain boards and commissions; to provide for certain finan cial responsibilities; to provide for penalties for violations; 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 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by striking in its entirety Code Section 36-60-6, relating to the disturbing of a burial place in land development, which reads as follows:
"36-60-6. (a) No known burial place of any human remains shall be knowingly dis turbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the munici pal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or superior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for

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reinterment have been made and that proper reinterment will be accomplished. If the gov erning authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued.
(b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000.00 per grave disturbed.",
and inserting in lieu thereof the following:
"36-60-6. Reserved."
Section 2. Said title is further amended by striking in its entirety Code Section 36-606.1, relating to the preservation and protection of abandoned or unmaintained cemeteries, which reads as follows:
"36-60-6.1. (a) As used in this Code section, the term 'preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery and so as to aid in the preservation and protection of such abandoned cemetery.
(b) Counties or municipalities are authorized to preserve and protect any cemetery which the county or municipality determines has been abandoned or is not being main tained and to expend public money in connection therewith."
Section 3. Said title is further amended by inserting immediately following Chapter 71 a new Chapter 72 to read as follows:
"CHAPTER 72
36-72-1. (a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected.
(b) It is the intent of the General Assembly that the provisions of this chapter be con strued to require respectful treatment of human remains in accord with the equal and in nate dignity of every human being and consistent with the identifiable ethnic, cultural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information.
36-72-2. As used in this chapter, the term: (1) 'Abandoned cemetery' means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
(2) 'Archeologist' means any person who is:
(A) A member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience in the excavation and interpretation of human graves; or
(B) Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archeologist.
(3) 'Burial ground' means an area dedicated to and used for interment of human re mains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.
(4) 'Burial object' means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term

TUESDAY, MARCH 12, 1991

1841

also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pave ment, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment.
(5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof.
(6) 'Descendant' means a person or group of persons related to a deceased human by blood or adoption in accordance with Title 19.
(7) 'Genealogist' means a person who traces or studies the descent of persons or families and prepares a probative record of such descent.
(8) 'Human remains' means the bodies of deceased human beings in any stage of de composition, including cremated remains.
(9) 'Preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate fea tures so as to identify the site as a cemetery or burial ground and so as to aid in the preser vation and protection of such cemetery or burial ground.
36-72-3. Counties and municipalities are authorized to preserve and protect any aban doned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained, to expend public money in connection therewith, and to exercise the power of eminent domain to acquire any interest in land necessary for that purpose.
36-72-4. No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is first obtained from the governing authority of the municipal corpora tion or county wherein the cemetery or burial ground is located, which shall have authority to permit such activity except as provided in Code Section 36-72-14.
36-72-5. Application for a permit shall include, at a minimum, the following information:
(1) Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search;
(2) A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investi gation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit;
(3) A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report;
(4) A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery; and
(5) A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground. If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition of the remains, the approximate cost of the process, and the approxi mate number of graves affected.
36-72-6. The applicant shall implement its plan for identifying and locating descend ants no later than the date the application is submitted to the governing authority. The governing authority shall review the applicant's plan for identifying and notifying the de scendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants.

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Notice to possible descendants shall include information on how to contact the governing authority and a summary of the rights of descendants under this chapter. The governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal proce dures and events.
36-72-7. (a) Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held.
(b) Within 30 days after the conclusion of the public hearing, the governing authority shall notify the applicant in writing of its decision. The governing authority shall have the authority to deny the application with written reasons therefor, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional re quirements to mitigate the proposed activity's adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains. The gov erning authority may adopt the applicant's proposal for mitigation.
36-72-8. The governing authority shall consider the following in making its determination:
(1) The presumption in favor of leaving the cemetery or burial ground undisturbed;
(2) The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;
(3) The economic and other costs of mitigation;
(4) The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;
(5) The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environment; and
(6) Any other compelling factors which the governing authority deems relevant.
36-72-9. The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or any such future census shall be authorized to establish or empower a new or existing commission or board to hear and review any application filed pursuant to Code Section 36-72-5. The board or commission shall conduct a public hearing within 60 days of the filing of an application and shall make a written recommendation to the governing authority no later than 15 days following the pub lic hearing with respect to the sufficiency of the notice to descendants, the plan for mitiga tion, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment.
36-72-10. The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing the ap plication including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent surveyor to assist in making recommendations regarding the appli cant's plan. Such fee, if imposed, shall not exceed $2,500.00.
36-72-11. Should any applicant or descendant be dissatisfied with a decision of the gov erning authority, he or she, within 30 days of such decision, may file an appeal in the supe-

TUESDAY, MARCH 12, 1991

1843

rior court of the county in which the cemetery or burial ground is located in addition to the superior courts enumerated in Code Section 50-13-19.
36-72-12. Until the expiration of the time for appeal as set forth in Code Section 36-7211, the applicant shall not begin or resume activities which comply with the permit issued by the governing authority. If an appeal is filed, the applicant may begin or resume activi ties which comply with the permit only upon consent of the governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown.
36-72-13. The governing authority or local law enforcement agency shall inspect as nec essary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authority or as modified by the superior court or reviewing court.
36-72-14. (a) Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an application for a per mit under this chapter, the superior court having jurisdiction over the real property wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the permit application. The superior court shall conduct its investigation and determination of the per mit in accordance with Code Sections 36-72-6 through 36-72-8.
(b) When activities of an agency, authority, or political subdivision of the state ad versely affect an abandoned cemetery or a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery or burial ground or reinterring the human remains as a part of the cost of the project and is author ized to expend public funds for such purpose. When activities of a private person, corpora tion, or other private entity adversely affect an abandoned cemetery or a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the ceme tery or burial ground or reinterring the human remains. The cost of mitigating the harm to an abandoned cemetery or to a burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion may be borne by the gov erning authority in whose jurisdiction the abandoned cemetery or burial ground is located.
36-72-15. Any disinterment and disposition of human remains or burial objects permit ted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued.
36-72-16. Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated for not more than six months and shall pay a fine not less than $5,000.00 for each grave site disturbed."
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 0, nays 35, and the substitute was lost.
Senator Kidd of the 25th offered the following substitute to HB 402:
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 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; to repeal Code Section 36-60-6.1, relating to the preser vation and protection of abandoned or unmaintained cemeteries; to provide a statement of

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policy; to define certain terms; to authorize local governing authorities to preserve and pro tect certain cemeteries and burial grounds; to provide that no cemetery or burial ground shall be disturbed unless a permit is first obtained from the local government wherein such cemetery or burial ground is located; to provide for matters relative to an application for such permit; to provide for notification of certain persons; to provide conditions for the granting of such permit; to provide for appeal; to provide for certain activities by an appli cant during the period of appeal under certain conditions; to provide for certain inspections for compliance; to provide for certain boards and commissions; to provide for certain finan cial responsibilities; to provide for penalties for violations; 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; 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 36 of the Official Code of Georgia Annotated, relating to local govern ment, is amended by striking in its entirety Code Section 36-60-6, relating to the disturbing of a burial place in land development, which reads as follows:
"36-60-6. (a) No known burial place of any human remains shall be knowingly dis turbed by the owner or owners of the land for the purposes of developing or changing the use of any land unless a permit is first obtained from the governing authority of the munici pal corporation or county wherein the burial place is located or from the superior court of the county where the burial place is located. The governing authority or superior court shall not issue a permit unless it first reviews the plans of the applicant for the permit for the proper reinterment of the remains in order to determine that suitable arrangements for reinterment have been made and that proper reinterment will be accomplished. If the gov erning authority or superior court does not believe that the plans are adequate to ensure proper reinterment, no permit shall be issued.
(b) Any person who knowingly fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor and shall pay a fine of $1,000.00 per grave disturbed.",
and inserting in lieu thereof the following:
"36-60-6. Reserved."
Section 2. Said title is further amended by striking in its entirety Code Section 36-606.1, relating to the preservation and protection of abandoned or unmaintained cemeteries, which reads as follows:
"36-60-6.1 (a) As used in this Code section, the term 'preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery and so as to aid in the preservation and protection of such abandoned cemetery.
(b) Counties or municipalities are authorized to preserve and protect any cemetery which the county or municipality determines has been abandoned or is not being main tained and to expend public money in connection therewith."
Section 3. Said title is further amended by inserting immediately following Chapter 71 a new Chapter 72 to read as follows:
"CHAPTER 72
36-72-1. (a) The care accorded the remains of deceased persons reflects respect and regard for human dignity as well as cultural, spiritual, and religious values. The General Assembly declares that human remains and burial objects are not property to be owned by the person or entity which owns the land or water where the human remains and burial objects are interred or discovered, but human remains and burial objects are a part of the finite, irreplaceable, and nonrenewable cultural heritage of the people of Georgia which should be protected.
(b) It is the intent of the General Assembly that the provisions of this chapter be con-

TUESDAY, MARCH 12, 1991

1845

strued to require respectful treatment of human remains in accord with the equal and in nate dignity of every human being and consistent with the identifiable ethnic, cultural, and religious affiliation of the deceased individual as indicated by the method of burial or other historical evidence or reliable information.
36-72-2. As used in this chapter, the term:
(1) 'Abandoned cemetery' means a cemetery which shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
(2) 'Archeologist' means any person who is:
(A) A member of or meets the criteria for membership in the Society of Professional Archaeologists and can demonstrate experience in the excavation and interpretation of human graves; or
(B) Employed on July 1, 1991, by the state or by any county or municipal governing authority as an archeologist.
(3) 'Burial ground' means an area dedicated to and used for interment of human re mains. The fact that the area was used for burial purposes shall be evidence that it was set aside for burial purposes.
(4) 'Burial object' means any item reasonably believed to have been intentionally placed with the human remains at the time of burial or interment or any memorial, tombstone, grave marker, or shrine which may have been added subsequent to interment. Such term also means any inscribed or uninscribed marker, coping, curbing, enclosure, fencing, pave ment, shelter, wall, stoneware, pottery, or other grave object erected or deposited incident to or subsequent to interment.
(5) 'Cemetery' or 'cemeteries' means any land or structure in this state dedicated to and used, or intended to be used, for interment of human remains. It may be either a burial park for earth interments or a mausoleum for vault or crypt interments or a combination of one or more thereof.
(6) 'Descendant' means a person or group of persons related to a deceased human by blood or adoption in accordance with Title 19.
(7) 'Genealogist' means a person who traces or studies the descent of persons or families and prepares a probative record of such descent.
(8) 'Human remains' means the bodies of deceased human beings in any stage of de composition, including cremated remains.
(9) 'Preserve and protect' means to keep safe from destruction, peril, or other adversity and may include the placement of signs, markers, fencing, or other such appropriate fea tures so as to identify the site as a cemetery or burial ground and so as to aid in the preser vation and protection of such cemetery or burial ground.
36-72-3. Counties and municipalities are authorized to preserve and protect any aban doned cemetery or any burial ground which the county or municipality determines has been abandoned or is not being maintained, to expend public money in connection therewith, and to exercise the power of eminent domain to acquire any interest in land necessary for that purpose.
36-72-4. No known cemetery, burial ground, human remains, or burial object shall be knowingly disturbed by the owner or occupier of the land on which the cemetery or burial ground is located for the purposes of developing or changing the use of any part of such land unless a permit is first obtained from the governing authority of the municipal corpora tion or county wherein the cemetery or burial ground is located, which shall have authority to permit such activity except as provided in Code Section 36-72-14.

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36-72-5. Application for a permit shall include, at a minimum, the following information:
(1) Evidence of ownership of the land on which the cemetery or burial ground is located in the form of a legal opinion based upon a title search;
(2) A report prepared by an archeologist stating the number of graves believed to be present and their locations as can be determined from the use of minimally invasive investi gation techniques, including remote sensing methods and the use of metal probes, which activities shall not require a permit;
(3) A survey prepared by or under the direction of a registered surveyor showing the location and boundaries of the cemetery or burial ground based on an archeologist's report;
(4) A plan prepared by a genealogist for identifying and notifying the descendants of those buried or believed to be buried in such cemetery; and
(5) A proposal for mitigation or avoidance of the effects of the planned activity on the cemetery or burial ground. If the proposal includes relocation of any human remains or burial objects, the proposal shall specify the method of disinterment, the location and method of disposition of the remains, the approximate cost of the process, and the approxi mate number of graves affected.
36-72-6. The applicant shall implement its plan for identifying and locating descend ants no later than the date the application is submitted to the governing authority. The governing authority shall review the applicant's plan for identifying and notifying the de scendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the governing authority and a summary of the rights of descendants under this chapter. The governing authority shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal proce dures and events.
36-72-7. (a) Within 15 days after it is satisfied that all reasonable effort has been made to notify descendants, as provided in Code Section 36-72-6, and following receipt of the recommendations of a board or commission created pursuant to Code Section 36-72-9, the governing authority shall schedule a public hearing at which any interested party or citizen may appear and be given an opportunity to be heard. In addition to the notice required in Code Section 36-72-6, notice of the public hearing shall be advertised in the legal organ of the jurisdiction once a week for the two consecutive weeks immediately preceding the week in which any such hearing is held.
(b) Within 30 days after the conclusion of the public hearing, the governing authority shall notify the applicant in writing of its decision. The governing authority shall have the authority to deny the application with written reasons therefor, to issue a permit adopting the application in whole or in part, or to issue a permit which may include additional re quirements to mitigate the proposed activity's adverse effects on the cemetery or burial ground, including but not limited to relocation of the proposed project, reservation of the cemetery or burial ground as an undeveloped area within the proposed development or use of land, and respectful disinterment and proper disposition of the human remains. The gov erning authority may adopt the applicant's proposal for mitigation.
36-72-8. The governing authority shall consider the following in making its determination:
(1) The presumption in favor of leaving the cemetery or burial ground undisturbed;
(2) The concerns and comments of any descendants of those buried in the burial ground or cemetery and any other interested parties;
(3) The economic and other costs of mitigation;

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1847

(4) The adequacy of the applicant's plans for disinterment and proper disposition of any human remains or burial objects;
(5) The balancing of the applicant's interest in disinterment with the public's and any descendant's interest in the value of the undisturbed cultural and natural environment; and
(6) Any other compelling factors which the governing authority deems relevant.
36-72-9. The governing authority of any county whose population is in excess of 290,000 as established by the United States decennial census of 1980 or any such future census shall be authorized to establish or empower a new or existing commission or board to hear and review any application filed pursuant to Code Section 36-72-5. The board or commission shall conduct a public hearing within 60 days of the filing of an application and shall make a written recommendation to the governing authority no later than 15 days following the pub lic hearing with respect to the sufficiency of the notice to descendants, the plan for mitiga tion, the disturbance and adverse effects on the cemetery or burial ground, the survey of the cemetery, and plans for disinterment and reinterment.
36-72-10. The governing authority shall be authorized to impose an application fee which shall reflect the cost to the governing authority for processing and reviewing the ap plication including, but not limited to, the cost of hiring an attorney, independent archeologist, and independent surveyor to assist in making recommendations regarding the appli cant's plan. Such fee, if imposed, shall not exceed $2,500.00.
36-72-11. Should any applicant or descendant be dissatisfied with a decision of the gov erning authority, he or she, within 30 days of such decision, may file an appeal in the supe rior court of the county in which the cemetery or burial ground is located in addition to the superior courts enumerated in Code Section 50-13-19.
36-72-12. Until the expiration of the time for appeal as set forth in Code Section 36-7211, the applicant shall not begin or resume activities which comply with the permit issued by the governing authority. If an appeal is filed, the applicant may begin or resume activi ties which comply with the permit only upon consent of the governing authority and the party seeking judicial review or upon order of the reviewing court for good cause shown.
36-72-13. The governing authority or local law enforcement agency shall inspect as nec essary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the governing authority or as modified by the superior court or reviewing court.
36-72-14. (a) Notwithstanding any provisions of this chapter to the contrary, when any agency, authority, or political subdivision of the state seeks to file an application for a per mit under this chapter, the superior court having jurisdiction over the real property wherein the cemetery or burial ground is located shall have exclusive jurisdiction over the permit application. The superior court shall conduct its investigation and determination of the per mit in accordance with Code Sections 36-72-6 through 36-72-8.
(b) When activities of an agency, authority, or political subdivision of the state ad versely affect an abandoned cemetery or a burial ground, such agency, authority, or political subdivision shall bear the cost of mitigating the harm to the abandoned cemetery or burial ground or reinterring the human remains as a part of the cost of the project and is author ized to expend public funds for such purpose. When activities of a private person, corpora tion, or other private entity adversely affect an abandoned cemetery or a burial ground, such person, corporation, or other entity shall bear the cost of mitigating the harm to the ceme tery or burial ground or reinterring the human remains. The cost of mitigating the harm to an abandoned cemetery or to a burial ground or reinterring the human remains exposed through vandalism by an unidentified vandal or through erosion may be borne by the gov erning authority in whose jurisdiction the abandoned cemetery or burial ground is located.
36-72-15. Any disinterment and disposition of human remains or burial objects permit-

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JOURNAL OF THE SENATE

ted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued.
36-72-16. Any person who knowingly fails to comply with the provisions of this chapter shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall pay a fine of not more than $5,000.00 for each grave site disturbed; provided, however, that any person who knowingly violates the provisions of Code Section 36-72-4 shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be incarcerated for not more than six months and shall pay a fine not less than $5,000.00 for each grave site disturbed."
Section 4. Article 10 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, relating to dedication of property, is amended by adding a new Code section, to be desig nated Code Section 44-5-231, to read as follows:
"44-5-231. (a) A funeral establishment, as that term is defined in Code Section 43-18-1, may be constructed on property previously dedicated for use as a cemetery under the fol lowing conditions:
(1) The acreage upon which the funeral establishment is to be constructed has not been marketed for the purpose of burial sites and no burial sites on such tract have been sold;
(2) The acreage upon which the funeral establishment is to be constructed borders in part the outer property line of the cemetery;
(3) The proposed construction is in compliance with all local zoning or land use ordinances;
(4) The acreage upon which the funeral establishment is to be constructed contains no burial sites;
(5) The cemetery property upon which the funeral establishment is to be constructed is a tract of at least 70 acres and no more than four acres of the cemetery tract is to be used for the construction of the funeral establishment;
(6) The acreage upon which the funeral establishment is to be constructed is part of a tract upon which a cemetery has been in operation for at least 25 years; and
(7) In the event the acreage upon which the funeral establishment is to be constructed is part of a tract upon which a perpetual care cemetery is in operation, payments are made to the trust fund as provided in subsection (b) of this Code section.
(b) If a funeral establishment is constructed on a tract of land upon which a perpetual care cemetery, as that term is defined in Code Section 44-3-131, is in operation, the funeral establishment shall make deposits to the trust fund of the cemetery as required by Article 4 of Chapter 3 of this title, the 'Georgia Cemetery Act of 1983,' in the amount of $10,000.00 per acre used for such construction."
Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 6. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HB 402 would be suspended and placed on the Senate General Calendar.

TUESDAY, MARCH 12, 1991

1849

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 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.
The House has disagreed to the Senate substitute to the following bill of the House:
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.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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. Senate Sponsor: Senator Dawkins of the 45th.
Senator Dawkins of the 45th offered the following amendment:
Amend HB 643 beginning on line 26, Page Five, by adding to the end of the line "and" and
beginning on line 27 insert the following: "(C) Such criteria shall provide for encroachments into the buffer area as needed for the construction of public roads and public utility crossings of river corridors and must meet all applicable requirements of Chapter 7 of this title, the 'Erosion and Sedimentation Act of 1975", and of any applicable local ordinances on soil erosion and sedimentation control.".
On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.
Senators Hammill of the 3rd and Echols of the 6th offered the following amendment:
Amend HB 643 by adding on page 3, line 17, after "12-5-457", ", and Coastal Marshland Protection Act," and on page 3, line 22, insert "at mean high water" after "banks".

1850

JOURNAL OF THE SENATE

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:

Baldwin Bishop Broun Burton Clay f.man DCalwlmki.sns Dean Echols
Egan English Foster Gillis Hammill

Harris Hasty Henson Hill
Hooks
Huggins
J,,o.h,n,son Kldd Langford Marable Mye Newbill Olmstead Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey
Ray
Robinson
S^ta.rr Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative were Senators Bowen and Perdue.

Those not voting were Senators:

Albert Alien Deal (excused conferee)

Garner (excused conferee) Steinberg

Scott

Taylor

Shumake

On the passage of the bill, the yeas were 46, nays 2.

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

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

HB 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.

Senator Pollard of the 24th moved that the Senate adhere to the Senate substitute to HB 279, and that a Conference Committee be appointed.

On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 279.

TUESDAY, MARCH 12, 1991

1851

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Pollard of the 24th, Robinson of the 16th and Baldwin of the 29th.

Senator Garner of the 30th moved that the Senate stand in recess until 1:45 o'clock P.M., and the motion prevailed.

At 12:38 o'clock P.M., the President announced that the Senate would stand in recess until 1:45 o'clock P.M.

At 1:45 o'clock P.M., the President called the Senate to order.

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

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.
Senate Sponsor: Senator Olmstead of the 26th.

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 Broun Burton Clay Collins Dawkins Deal Edge Egan Foster Hammill

Harris Hasty Henson Hill Huggins Kidd Marable Moye Newbill Olmstead Perdue Phillips

Pollard Ragan of 10th Ramsey Ray Scott Starr Steinberg Taylor Thompson Turner Walker of 22nd White

Those not voting were Senators:

Albert Bishop Bowen Coleman Dean Echols English

Garner (excused conferee) Gillis Hooks Johnson (excused conferee) Langford Perry Ragan of 32nd

Robinson Shumake Tate Timmons Tysinger Walker of 43rd

On the adoption of the resolution, the yeas were 36, nays 0.

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

1852

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 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.
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 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.
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 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 House has passed, as amended, by the requisite constitutional majority the follow ing bills of the Senate:
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-

TUESDAY, MARCH 12, 1991

1853

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.

SB 212. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others:
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.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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 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 563. By Representative Holland of the 136th:
A bill to amend Code Section 48-6-2 of the Official Code of Georgia Annotated, relating to exemption from real estate transfer tax of certain deeds and instru ments, so as to provide that the distribution of real estate to beneficiaries of a will or to heirs at law pursuant to the administration of an estate shall be exempt from such property transfer tax.
Senate Sponsor: Senator Egan of the 40th.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Broun Burton Clay CCoollleimnsan
Deal
Dean
Egan
Foster
Garner

Gillis Hammill Harris Henson Hill Hooks HKuidgdgins
Marable
Newbill
Olmstead
Perdue
Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey R gcott S0t.em. b, erg
Iaylor
Thompson
Turner
Walker of 22nd
White

1854

JOURNAL OP THE SENATE

Those not voting were Senators:

Albert Bowen Dawkins Echols Edge English

Hasty Johnson Langford Moye Perry Robinson

Shumake Starr Tate Timmons Tysinger Walker of 43rd

On the passage of the bill, the yeas were 38, nays 0.

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

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.
Senate Sponsor: Senator Marable of the 52nd.
The Senate Committee on Finance and Public Utilities offered the following amendment:
Amend HR 74 by striking from line 25 of page 2 the following: "$10.00", and inserting in lieu thereof the following: "$650.00".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.
Senators Albert of the 23rd and Walker of the 22nd offered the following substitute to HR74:
A RESOLUTION
Authorizing the conveyance of certain state owned real property located in Floyd County, Georgia; authorizing the conveyance of an estate for years in certain real property owned by the Georgia Building Authority (Hospital) in Richmond County, Georgia; to pro vide an effective date; to repeal conflicting laws; and for other purposes.
WHEREAS:
(1) The State of Georgia is the owner of two tracts of real property located in the City of Cave Spring, Floyd County, Georgia;
(2) Said property is under the custody and management of the Georgia Department of Education, known as the Fannin Campus, formerly known as the Georgia School for the Deaf in the City of Cave Spring;
(3) The Georgia Department of Education has declared said property surplus to its need and has approved the conveyance of said property to the City of Cave Spring;
(4) The said tracts of real property are described as follows:
TRACT 1
All that certain tract or parcel of land situate, lying and being in the City of Cave Spring, Georgia, and in Land Lots 928, 929, 872, and 873 of the 3rd District of Floyd County, Georgia, containing approximately 35 acres, and being more particularly described on a plat of survey on file in the offices of the State Properties Commission; and

TUESDAY, MARCH 12, 1991

1855

TRACT 2
All that certain tract or parcel of land situate, lying and being in the City of Cave Spring, Georgia, and in Land Lots 872 and 873 of the 3rd District of Floyd County, Georgia, containing approximately 12.7 acres, and being more particularly described on a plat of sur vey on file in the offices of the State Properties Commission;
(5) The City of Cave Spring is desirous of obtaining all or a portion of the above-de scribed property in Tract 1 for public purposes; and
(6) The City of Cave Spring is desirous of obtaining the above-described property in Tract 2 for city private development usage; and
WHEREAS:
(1) The State of Georgia or Georgia Building Authority (Hospital) is the owner of cer tain real property located in Richmond County, Georgia, hereinafter referred to as the "premises," which real property is more fully described as follows:
All that tract of real property consisting of approximately 136.78 acres and constituting grounds of Georgia Regional Hospital in Richmond County, Georgia, as shown on that cer tain plat dated August 18, 1986, entitled "Plat for Georgia Regional Hospital" and from said plat being more particularly described as follows:
COMMENCING at the intersection of the west right-of-way line of Georgia Route No. 56 (a 100 foot right-of-way) with the north right-of-way line of Phinizy Road; thence, along said right-of-way a distance of 3172.45 feet to an open top pin, 34 inch, found, the POINT OF BEGINNING; thence South 87 degrees 12 minutes 17 seconds West a distance of 4222.34 feet to a concrete marker found on the east right-of-way line of Louisville Road (Reformatory Road) (a 60 foot right-of-way); thence North 27 degrees 21 minutes 20 seconds East a distance of 877.32 feet to a No. 5 rod set; thence North 27 degrees 42 min utes 34 seconds East a distance of 1202.60 feet to a No. 9 rod found; thence, South 73 degrees 51 minutes 17 seconds East a distance of 1317.91 feet to a No. 5 rod set; thence North 15 degrees 45 minutes 07 East a distance of 582.81 feet to an iron pin found; thence South 82 degrees 03 minutes 27 seconds East a distance of 1747.41 feet to a No. 4 rod found on the west right-of-way line of Georgia State Highway No. 56 (a 100 foot right-of-way); thence along said right-of-way South 02 degrees 00 minutes 00 seconds East a distance of 1671.65 feet to an open pin tie, % inch, found, the POINT OF BEGINNING;
provided, however, that the above-described property shall not include the 13.5 acres for which an estate for years was granted pursuant to Resolution No. 811, Act No. 45, approved March 10, 1988 (Ga. L. 1988, p. 176), which 13.5 acre parcel is more particularly described on a plat of survey on file in the offices of the State Properties Commission;
(2) Resolution No. 811, Act No. 45, authorizing the conveyance of an estate for years or usufruct in a 13.5 acre parcel of such premises to the Richmond County Board of Health for certain public purposes was adopted by the General Assembly and approved by the Gover nor on March 10, 1988 (Ga. L. 1988, p. 176);
(3) The Richmond County Department of Health, a body corporate and politic created by an Act approved August 22, 1931 (Ga. L. 1931, p. 661), as amended, and which acts as the Richmond County Board of Health, hereinafter referred to as the "board of health," desires to obtain an estate for years of 50 years in a 17.236 acre parcel to be subdivided from the premises for the purpose of providing public health and community mental health, mental retardation, and substance abuse services in conjunction with the 13.5 acre parcel and facilities thereon for which an estate for years was authorized in 1988 as referenced above and amended by a resolution restating the purposes of such estate for years, approved April 4, 1990 (Ga. L. 1990, p. 977); and
(4) The premises are in the custody of the Department of Human Resources of the State of Georgia and constitute grounds of its Georgia Regional Hospital--Augusta.

1856

JOURNAL OF THE SENATE

NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA:
ARTICLE 1
Section 1. That the above-described real property in Floyd County in Tract 1 contain ing approximately 35 acres shall be conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through its State Properties Commission, for a consideration of $650.00 and upon such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 2. That, if the City of Cave Spring determines the need to convey all or a por tion of the above-described property to a private person or corporation or other entity, then before any such disposition the State Properties Commission shall have first approved both the disposition and the monetary consideration for said disposition, which consideration shall be not less than the fair market value of such property. Any such State Properties Commission approval shall be conditioned on said monetary consideration, less any incurred expenses of disposition which have been approved by the State Properties Commission, be ing received and deposited by the State Properties Commission into the treasury of the State of Georgia.
Section 3. That the authorization in this resolution to convey the above-described prop erty to the City of Cave Spring shall expire three years after the date that this resolution becomes effective.
Section 4. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance.
Section 5. That the deed of conveyance shall be recorded by the Grantee in the Supe rior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 2
Section 6. That the above-described real property in Floyd County in Tract 2 contain ing approximately 12.7 acres shall be conveyed by appropriate instrument to the City of Cave Spring by the State of Georgia, acting by and through its State Properties Commis sion, for a consideration of not less than the fair market value of such property as deter mined by the State Properties Commission and upon such further consideration and provi sions as the State Properties Commission shall in its discretion determine to be in the best interests of the State of Georgia.
Section 7. That the authorization in this resolution to convey the above-described prop erty to the City of Cave Spring shall expire three years after the date that this resolution becomes effective.
Section 8. That the State Properties Commission is authorized to do all acts and things necessary and proper to effect such conveyance.
Section 9. That the deed of conveyance shall be recorded by the Grantee in the Supe rior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission.
ARTICLE 3
Section 10. That the premises are owned by Georgia Building Authority (Hospital) or may now or in the future be owned by the State of Georgia, in whole or in part. In all matters relating to the conveyance of an estate for years authorized by this resolution, where the property is owned by the state, the State of Georgia shall act by and through the Georgia Building Authority (Hospital).
Section 11. That the Georgia Building Authority (Hospital) is authorized to convey or

TUESDAY, MARCH 12, 1991

1857

let to the Richmond County Board of Health an estate for years or a usufruct in the prem ises with a term not to exceed 50 years and a parcel size of not more than 17.236 acres. The estate for years or usufruct shall be for the purpose of providing public health and commu nity mental health, mental retardation, and substance abuse services. The consideration for the conveyance shall be $10.00. Permission to use the adjacent driveways or other means of ingress and egress may also be given by easement appurtenant, license or otherwise. The term of the estate for years or usufruct and the means of ingress and egress shall be subject to the prior approval of the Board of Human Resources.
Section 12. That the Georgia Building Authority (Hospital) shall determine the location of the parcel within the premises and shall cause the parcel to be described by appropriate plat of survey.
ARTICLE 4
Section 13. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval.
Section 14. That all laws and parts of laws in conflict with this resolution are repealed.
On the adoption of the substitute to HR 74 offered by Senators Albert of the 23rd and Walker of the 22nd, the yeas were 34, nays 0, and the substitute was adopted.
The President announced that, pursuant to Senate Rule 143, consideration of HR 74 would be suspended and placed on the Senate General Calendar.

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.
Senate Sponsor: Senator Walker of the 22nd.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop
Broun Burton
Coleman CDoealllins Dean Echols Edge Egan English

Foster Garner Harris
Hasty Henson Hill Hooks JHouhgngsionns Kidd Marable Moye Newbill Perdue

Phillips Pollard Ragan of 10th Ragan of 32nd
Robinson
Stemb, erg Thompson Timmons Turner Walker of 22nd White

Those not voting were Senators:

Albert Bowen

Dawkins Gillis

Hammill Langford

1858

JOURNAL OF THE SENATE

Olmstead Perry Ramsey

Shumake Starr Tate

Taylor Tysinger 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 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.
Senate Sponsor: Senator Ragan of the 10th.

Senator English of the 21st offered the following amendment:

Amend HB 475 by inserting on line 12 of page 1 between the words and symbol "mat ters;" and the word "to" the following:
"to provide an effective date;".
By striking all the language on lines 27 and 28 of page 5 and inserting in lieu thereof the following:
"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 amendment, the yeas were 35, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun Burtn
X ,y CColfh.mnsan
Dean Echols Edge Egan English Garner Gillis

Hammill Harris
Hasty Henson Hill Hooks
Huggins JTKo.Tihd.JndJson
Marable Move Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
Scott SOS.Ltteamr rbi_erg Tate
Thompson Turner Tysinger Walker of 22nd White

TUESDAY, MARCH 12, 1991

1859

Those not voting were Senators:

Albert Dawkins Foster

Langford 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 as amended.

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

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.

Senator Edge of the 28th moved that the Senate insist upon the Senate substitute to HB 11.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 11.

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 final action suspended on March 7, 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.

The substitute to HB 97 offered by Senator Edge of the 28th on March 7, as it appears in the Journal of March 7, 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 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

Bowen Broun Burton Clay

Coleman Deal Dean Echols

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Edge Egan English Foster
Gillis Hammill Harris
Hasty Henson Hill
Johnson

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
White

Those not voting were Senators:

Collins Dawkins Garner Hooks

Huggins Kidd Scott Shumake

Tysinger Walker of 22nd 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 by substitute.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

HB 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".

The House has disagreed to the Senate amendment to the following bill of the House:

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 insists on its position in amending the following bill of the Senate:

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.

TUESDAY, MARCH 12, 1991

1861

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

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.
Senate Sponsor: Senator Ramsey of the 54th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen B/01111 urton
CJCroo!llyleimnsan j)eaj Dean Echols Edge Egan English

Foster Garner Gillis Hammill Harris Hasty Henson
Hill Hu^lns Johnson Langford Marable Moye Newbill Olmstead

Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray
SR0 coobtitnson Tate Taylor Thompson Timmons Turner White

Those not voting were Senators:

Dawkins Hooks Kidd Ragan of 10th

Shumake Starr Steinberg

Tysinger 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.

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.
Senate Sponsor: Senator Johnson of the 47th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop
Bowen Broun CCB_,,loualryetomnan

Foster Gillis Hammill Harris
Hasty Henson JHIHToouhogngkssionns

Collins Deal Dean Echols Edge Egan English

Langford Marable Moye Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray
Robinson Scott o^0tt*.ea,,mr.,,rb, erg
i,at<; Taylor Thompson Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Dawkins Garner Hill

Kidd Newbill Ramsey

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.

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.
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 Bishop Bowen Broun Burton Clay Collins Deal Dean Echols

Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Huggins

Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Phillips Pollard Ragan of 10th

TUESDAY, MARCH 12, 1991

1863

Ragan of 32nd Ray Robinson Scott Starr

Steinberg Tate Taylor Thompson

Timmons Turner Walker of 22nd White

Those not voting were Senators:

Baldwin Coleman Dawkins Henson

Hooks Perry Ramsey

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.

The following general bill of the House, having been read the third time and final ac tion suspended on March 7, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued 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.

The substitute to HB 608 offered by Senator Newbill of the 56th on March 7, as it appears in the Journal of March 7, was automatically reconsidered and put upon its
adoption.

Senators Tate of the 38th, Scott of the 36th, Walker of the 43rd and Kidd of the 25th offered the following amendment:

Amend the substitute to HB 608 offered by Senator Newbill of the 56th by striking from lines 4 through 6 of page 1 the following:
"to change the provisions relating to the minimum distance between proposed corpo rate boundaries and boundaries of existing municipal corporations so as to provide for an exception;".
By striking all the language from lines 8 through 20 of page 4.
By redesignating Sections 4, 5, 6, and 7 as Sections 3, 4, 5, and 6, respectively.

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:

Alien Bishop Bowen Broun Coleman Dean Echols English

Foster Garner Gillis Hammill Hasty Henson Hill Hooks

Johnson Langford Perdue Perry Ragan of 10th Ray Robinson Scott

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Starr Steinberg Tate

Timmons Turner

Walker of 22nd Walker of 43rd

Those voting in the negative were Senators:

Albert Baldwin Burton Clay Collins Dawkins

Edge Egan Harris Huggins Moye Newbill

Olmstead Phillips Ragan of 32nd Thompson Tysinger White

Those not voting were Senators:

Deal Kidd Marable

Pollard Ramsey

Shumake Taylor

On the adoption of the amendment, the yeas were 31, nays 18, and the amendment offered by Senators Tate of the 38th, Scott of the 36th, Walker of the 43rd and Kidd of the 25th to the substitute to HB 608 offered by Senator Newbill of the 56th was adopted.

On the adoption of the substitute offered by Senator Newbill of the 56th, 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, 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 Bowen Burton Clay Coleman Collins DDaewankins
Echols
Edge
Egan
English Foster
Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford MMoayraeble
Olmstead
Perdue
Perry
Phillips Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson gcott Starr Steinberg Tate rp , ,Tihfoylmorpson
limmons
Turner
Tysinger
Walker of 22nd Walker of 43rd
White

Voting in the negative was Senator Newbill.

Those not voting were Senators:

Broun Deal (excused conferee)

Garner (excused conferee) Kidd

Shumake

TUESDAY, MARCH 12, 1991

1865

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

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 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.
Senate Sponsor: Senator Walker of the 22nd.

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

Amend HB 406 by striking on line 3 of page 1 the following: "extend", and inserting in its place the following: "revise". By striking lines 23 and 24 of page 1 and inserting in lieu thereof the following: "asbestosis or mesothelioma related to exposure to asbestos shall have one year from the date".

On the adoption of the amendment, the yeas were 36, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge 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

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Those not voting were Senators:

Bowen Deal

Egan Kidd

Shumake

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 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.

Senate Sponsor: Senator Starr of the 44th.

Senators Starr of the 44th and Gillis of the 20th offered the following amendment:

Amend HB 412 by striking the quotation marks at the end of line 26 of page 8 and by inserting between lines 26 and 27 of page 8 the following:
"(d) Hearing officers provided for in this Code section shall be appointed by the State Board of Equalization. A hearing officer shall be assigned to hear appeals only from counties located wholly or partially in the congressional district in which the hearing officer resides.'"

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun Burton
CColalyeman
DDaewankins Echols Edge Egan English Foster Garner

Gillis Hammill Hasty Hill Hooks Huggins
JKoihdndson
MMoayraeble Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 32nd Ramsey Ray Robinson Scott Starr
Sbtteeiinnbbeerrge
iT,aay,lor Thompson Timmons Turner Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Collins.

Those not voting were Senators:

Albert Deal Harris

Henson Langford Ragan of 10th

Shumake Tysinger

TUESDAY, MARCH 12, 1991

1867

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

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

The following bills of the House were read the first time and referred to committee:

HB 927. By Representatives Watson of the 114th and Walker of the 113th:
A bill to create and establish the Warner Robins Building Authority, a body cor porate and politic and an instrumentality of the State of Georgia.
Referred to Committee on Urban and County Affairs.

HB 1046. By Representatives Lee of the 72nd, Chafin of the 72nd, King of the 72nd and others:
A bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the office of tax commissioner, so as to change the provi sions relative to the compensation of the deputy tax commissioner.
Referred to Committee on Urban and County Affairs.

HB 1047. By Representatives Watson of the 114th and Walker of the 113th:
A bill to amend an Act providing a new charter for the City of Warner Robins in Houston County, so as to provide for the inclusion of certain property within the corporate limits of said city.
Referred to Committee on Urban and County Affairs.

HB 1049. By Representative Blitch of the 150th:
A bill to amend an Act incorporating the City of Homerville in Clinch County, so as to revise provisions relating to meetings of the city council.
Referred to Committee on Urban and County Affairs.

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

HB 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.
Senate Sponsor: Senator Turner of the 8th.

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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:

February 1, 1991

SUBJECT: Fiscal Note--House Bill 283 (Substitute) (LC 18 4176S) Timber Tax Enabling Legislation

This bill would change provisions relating to the ad valorem taxation of real property. Special valuations would be used for "conservation use property", "residential transition property" and harvested timber. The bill provides definitions, limitations, penalties and procedures for implementing its provisions. If enacted the section of the bill providing for data to be used in planning would become effective April 1, 1991, while the remaining sec tions would become effective January 1, 1992 and apply to 1992 and all future tax years.

The fiscal impact of this bill cannot be determined. A multitude of uncertainties rela tive to local government procedures, assessment policies and responses makes an assessment of the fiscal impact of this bill undeterminable at this time.

/s/ G. W. Hogan State Auditor

/s/ Henry M. Huckaby Director, Office of Planning and Budget

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 283:

A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for current use valuation and taxation of bona fide conservation use property and bona fide residential transitional property; tp provide for the ad valorem taxation of timber; to provide for quali fications and conditions; to provide for appraisal, valuation, and assessment; to provide for temporary county digest supplementation; to provide for penalties; to provide for reporting of harvested timber prior to the implementation of such method of taxation; to state legisla tive intent; to define terms; to provide for powers, duties, and authority of local tax officials, the state revenue commissioner, and the Department of Revenue with respect to the forego ing; to provide for related matters; to provide for additional information required to be published by the governing authority of each county prior to the establishment of the millage rate; to provide for enforcement; to revise and change certain provisions regarding the establishment of the equalized adjusted school property tax digest; to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the De partment of Natural Resources, so as to provide for the certification of conservation use property; to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relat ing to local fair share funds, so as to revise and change such provisions with respect to the foregoing; to provide for other matters relative to the foregoing; 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

TUESDAY, MARCH 12, 1991

1869

ad valorem taxation of property, is amended by striking Code Section 48-5-1, relating to legislative intent of ad valorem tax laws, and inserting in its place a new Code section to read as follows:
"48-5-1. The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects are usually sold except as otherwise provided in this chapter."
Section 2. Said chapter is further amended by striking Code Section 48-5-2, relating to definitions of terms used in the ad valorem tax laws, and inserting in its place a new Code Section 48-5-2 to read as follows:
"48-5-2. As used in this chapter, the term:
(1) 'Current use value' of bona fide conservation use property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the prop erty in its existing use and in an arm's length, bona fide sale and shall be determined in accordance with the specifications and criteria provided for in subsection (b) of Code Sec tion 48-5-269.
(2) 'Current use value' of bona fide residential transitional property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale. The tax assessor shall consider the following criteria, as applicable, in determining the current use value of bona fide residential transitional property:
(A) The current use of such property;
(B) Annual productivity; and
(C) Sales data of comparable real property with the same existing use.
(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information availa ble including, but not limited to, the original cost of the property, any depreciation or obso lescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information.
(A) In determining the fair market value of a going business where its continued opera tion is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business as a whole where appropriate to reflect the accurate fair market value.
(B) The tax assessor shall consider the following criteria in determining the fair market value of real property:
(i) Existing zoning of property;
(ii) Existing use of property;
(iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and
(iv) Any other factors deemed pertinent in arriving at fair market value.
(C) Fair market value of 'historic property" as such term is defined in subsection (a) of Code Section 48-5-7.2 means:
(i) For the first eight years in which the property is classified as 'rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the ap praised fair market value of the property as recorded in the county tax digest at the time

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JOURNAL OF THE SENATE

preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2;
(ii) For the ninth year in which the property is classified as 'rehabilitated historic prop erty,' the value of the property as determined by division (i) of this subparagraph plus onehalf of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as deter mined by the provisions of this paragraph, excluding the provisions of this subparagraph.
(D) Fair market value of 'landmark historic property' as such term is defined in subsec tion (a) of Code Section 48-5-7.3 means:
(i) For the first eight years in which the property is classified as 'landmark historic property,' the value equal to the greater of the acquisition cost of the property or the ap praised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3;
(ii) For the ninth year in which the property is classified as 'landmark historic prop erty,' the value of the property as determined by division (i) of this subparagraph plus onehalf of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as deter mined by the provisions of this paragraph, excluding the provisions of this subparagraph.
(E) Timber shall be valued at its fair market value at the time of its harvest or sale in the manner specified in Code Section 48-5-7.5.
(4) 'Foreign merchandise in transit' means personal property of any description which has been or will be moved by waterborn commerce through any port located in this state and:
(A) Which has entered the export stream, although temporarily stored or warehoused in the county where the port of export is located; or
(B) Which was shipped from a point of origin located outside the customs territory of the United States and on which United States customs duties are paid at or through any customs district or port located in this state, although stored or warehoused in the county where the port of entry is located while in transit to a final destination."
Section 3. Said chapter is further amended by striking Code Section 48-5-6, relating to the return of property at fair market value, and inserting in its place a new Code Section 485-6 to read as follows:
"48-5-6. All property shall be returned for taxation at its fair market value except as otherwise provided in this chapter."
Section 4. Said chapter is further amended by adding immediately following subsection (c.l) of Code Section 48-5-7, relating to assessment of tangible property, new subsections (c.2) and (c.3) to read as follows:
"(c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value.
(c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy

TUESDAY, MARCH 12, 1991

1871

made by each respective tax jurisdiction according to 40 percent of the property's current use value."
Section 5. Said chapter is further amended by adding at the end of Code Section 48-57.1, relating to the preferential assessment of certain agricultural property, a new subsection (s) to read as follows:
"(s) Property which is subject to preferential assessment and which is subject to a cove nant under this Code section may be changed from such covenant and placed in a covenant for bona fide conservation use under Code Section 48-5-7.4 if such property meets all of the requirements and conditions specified in Code Section 48-5-7.4. Any such change shall ter minate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under Code Section 48-5-7.4. No property may be changed under this subsection more than once."
Section 6. Said chapter is further amended by adding immediately following Code Sec tion 48-5-7.3 two new Code Sections 48-5-7.4 and 48-5-7.5 to read as follows:
"48-5-7.4. (a) For purposes of this article, the term 'bona fide conservation use property" means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence farming or commercial production from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural prod ucts or timber and which is devoted to the storage and processing of such agricultural prod ucts or timber from or on such real property;
(B) Such property excludes the entire value of any residence located on the property;
(C) Such property must be owned by:
(i) One or more natural or naturalized citizens;
(ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens;
(iii) A trust of which the beneficiaries are one or more natural or naturalized citizens;
(iv) A family owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought; or
(v) A bona fide nonprofit conservation organization designated under Section 501(c)(3) of the Internal Revenue Code;
(D) Factors which may be considered in determining if such property is qualified may include, but not be limited to:
(i) The nature of the terrain;
(ii) The density of the marketable product on the land;
(iii) The past usage of the land;
(iv) The economic merchantability of the agricultural product; and
(v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and

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(E) Such property shall, if otherwise qualified, include, but not be limited to, property used for:
(i) Raising, harvesting, or storing crops;
(ii) Feeding, breeding, or managing livestock;
(iii) Producing plants, trees, fowl, or animals; or
(iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poul try, and apiarian products; and
(2) Not more than 2,000 acres of tangible real property of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources if the primary use of such property is its maintenance in its natural condition and if such owner meets the qualifications of subparagraph (C) of para graph (1) of this subsection:
(A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area;
(B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program;
(C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources;
(D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended;
(E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Spe cies Act of 1973, as amended; and
(F) River corridors which shall be defined as those undeveloped lands adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency.
(b) The following additional rules shall apply to the qualification of conservation use property for current use assessment:
(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, how ever, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunt ing rights shall not constitute another type of business;
(2) The owner of a tract, lot, or parcel of land totaling less than ten acres may be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;
(3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, includ ing any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial inter-

TUESDAY, MARCH 12, 1991

1873

eat in more than 2,000 acres of tangible real property which is devoted to bona fide conser vation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; and
(4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment under a net lease which obligates the lessee to pay the ad valorem taxes on the property.
(c) For purposes of this article, the term 'bona fide residential transitional property' means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a devel oper, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transitional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area.
(d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing author ity to maintain the eligible property in bona fide qualifying use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assess ment provided for in this Code section, it shall not be necessary to make application there after for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period or any renewal covenant period, the property shall not qualify for fur ther current use assessment under this Code section unless and until the owner of the prop erty has entered into a renewal covenant for an additional period of ten years.
(e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified prop erty in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter other qualified property of such owner in a covenant for bona fide residential transitional use.
(f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is eligible for and receiving preferential assessment under Code Section 48-5-7.1.
(g) Except as otherwise provided in this subsection, no property shall maintain its eligi bility for current use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to an applicable bona fide qualifying use during the entire period of the covenant. An owner shall be authorized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (1) of this Code section shall not apply, but such owner shall give notice of any such change in use to the board of tax
(h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for cur rent use assessment under this Code section.

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(i) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(j) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassess ment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall ap prove or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax asses sors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer that he is in compli ance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section.
(1) A penalty shall be imposed under this subsection if during the period of the cove nant entered into by a taxpayer the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference be tween the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.
(m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing juris diction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assessment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(n) The penalty imposed by subsection (1) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(1) The acquisition of part or all of the property under the power of eminent domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant.
(o) The transfer of a part of the property subject to a covenant for a bona fide conserva tion use shall not constitute a breach of a covenant if:
(1) The part of the property so transferred is used for single-family residential pur poses, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres;

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and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period.
(p) The following shall not constitute a breach of a covenant:
(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; or
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assis tance program, or for other agricultural management purposes.
(q) In the following cases, the penalty specified by subsection (1) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assess ment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) the deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consid eration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) the loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) the deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (1) of this Code section; or
(2) Any case in which a covenant is breached solely as a result of a medically demon strable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability.
(r) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classifica tion shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property sub ject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a state-wide basis.
(s) The commissioner shall annually submit a report to the Governor and the House Ways and Means, Natural Resources, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of assessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local adminis tration of this Code section, with emphasis upon enforcement problems, if any, attendant

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with this Code section. The report shall also include any other data or facts which the com missioner deems relevant.
48-5-7.5. (a) Standing timber shall be assessed for ad valorem taxation only once and such assessment shall be made following its harvest or sale as provided for in this Code section. Such timber shall be assessed at 100 percent of its fair market value and shall be taxed on a levy made by each respective taxing jurisdiction according to such 100 percent fair market value. Such assessment shall be made in the county where the timber was grown and shall be taxable by that county and any other taxing jurisdiction therein in which the timber was grown.
(b) For purposes of this Code section, the term 'sale' of timber shall mean the arms length, bona fide sale of standing timber for harvest separate and apart from the underlying land and shall not include the simultaneous sale of a tract of land and the timber thereon.
(c) Lump sum sales.
(1) Where standing timber is sold, in an arms length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise to be harvested within a three-year period after the date of the sale and for a lump sum price, so much of said timber as will be harvested within three years shall be assessed for taxation as of the date of the sale. The fair market value of such timber for purposes of ad valorem taxation shall be the lump sum price paid by the purchaser in the arms length, bona fide sale. Any timber described in any sale instrument which is not harvested within three years after the date of the sale shall later be assessed again for taxation following its future harvest or sale. Ad valorem taxes shall be payable by the seller and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the sale. Immediately upon receipt by the seller of the purchase price, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale, in the form of a negotiable instrument payable to the tax collector or tax commissioner. Such negotiable instrument shall be remitted by the pur chaser to the tax collector or tax commissioner not later than five days after receipt of the tax from the seller. A purchaser failing to make such remittance shall be personally liable for the tax. With said remittance, the purchaser shall present to the board of tax assessors and to the tax collector or tax commissioner a report of the sale showing the lump sum sales price of the standing timber, the date of sale, the addresses of the seller and purchaser, and the location of the standing timber in the county. The tax collector or tax commissioner shall collect from the purchaser the seller's negotiable instrument in payment of the tax; and a receipt showing payment of the tax shall promptly be delivered by the tax collector or tax commissioner to the seller.
(2) Upon request of the purchaser, the tax collector or tax commissioner shall enter upon or attach to the instrument conveying the standing timber a certification that the ad valorem tax has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy. The purchaser may then present the instrument together with the certificate to the clerk of superior court of the county or counties in which the standing timber is located, who shall then file the instru ment for record. The ad valorem tax levied under this subsection on lump sum sales of standing timber shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the instrument with the clerk of superior court, and the clerk shall not be permitted to file the instrument for record unless the instrument discloses on its face the proper certificate showing that the tax has been paid; and the certif icate shall be recorded with the instrument.
(d) Unit price sales.
(1) Any person purchasing standing timber, in an arms length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise by unit prices shall furnish a report to the seller and the county board of tax assessors within 45 days after the end of each calendar quarter. The report shall show the total dollar value and unit prices of standing timber paid to the seller through the last business day of the calendar quarter, the names and addresses

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of the seller and the purchaser, and the location of the harvested timber. A copy of such report shall also be furnished by the seller to the tax assessors within 60 days after the end of the calendar quarter. The fair market value of such timber for purposes of ad valorem taxation shall be the unit prices paid by the purchaser in the arms length, bona fide sale. Ad valorem taxes shall be payable by the seller in the unit price sales transaction as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(2) Unit prices reported to the tax assessors shall be confidential and shall not be re vealed to any person other than authorized tax officials.
(e) Owner harvests. Owners of real property in this state who harvest standing timber from their own lands shall report the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood harvested through the last business day of each calendar quarter from said lands to the tax assessors within 45 days after the end of each calendar quarter. Such reports shall also identify the location of the tract from which the standing timber was harvested. The fair market value of such timber for purposes of ad valorem taxation shall be as determined under subsection (g) of this Code section. Ad valorem taxes shall be paid by the landowner as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(f) Other sales and harvest. Every sale and every harvest of timber not previously taxed (excepting only a sale not for harvest within three years) shall be a taxable event. If any such sale or harvest is not a reportable taxable event described under subsection (c), (d), or (e) of this Code section, such timber shall be subject to ad valorem taxation under this subsection; and such sale or harvest shall be reported and taxed under the provisions of subsection (c), (d), or (e) of this Code section, whichever is most nearly applicable.
(g) The commissioner, based upon comparable sales data from the Georgia Forestry Commission, shall provide the tax assessors of each county with the weighted average price paid, in pounds and measured volume, during each calendar quarter for softwood and hard wood pulpwood, chip and saw logs, saw timber, poles, and fuel wood in each county or multicounty area within 60 days of the end of each calendar quarter. The most recent weighted average prices provided by the commissioner shall be applied by the tax assessors to the volume of wood removals reported as provided in this Code section to determine the fair market value of timber harvested other than under a taxable lump sum sale or taxable unit price sale.
(h) (1) Based on the reports and data provided under subsections (d), (e), (f), and (g) of this Code section, the tax assessors shall on a quarterly basis mail tax bills for sales and harvests other than lump sum sales. Ad valorem taxes on such sales and harvests shall be payable by the landowner within 30 days of receipt of the bill from the tax collector or tax commissioner.
(2) Any ad valorem tax or penalty which is not timely paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due date. Unpaid taxes, penalty, and interest imposed under this Code section shall constitute a lien against the property of the person responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected.
(i) The millage rate applicable at the time of sale or the time of harvest of standing timber shall be the millage rate for the preceding year until the county adopts a millage rate for the current year, whereupon the newly adopted millage rate shall be applicable begin ning on the first day of the calendar quarter immediately succeeding the calendar quarter in which the new rate was adopted.
(j) In any instance in which any taxpayer willfully fails to make any report or disclosure required by this Code section, with the intent to evade the tax, he shall pay a penalty of 50 percent of the tax due. If the failure to comply with the provisions of this Code section is

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without intent to evade the tax, a penalty shall be imposed at the rate of 2 percent of the tax due.
(k) Forms for reports required by this Code section shall be supplied to each county by the department.
(1) (1) In any county in which the ad valorem taxation of timber pursuant to this Code section reduces the total property tax digest of such county for tax year 1992 by more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, such digest shall be supplemented as follows:
(A) The difference between the total property tax digest for the county and the total property tax digest less the total assessed value of standing timber removed from the digest shall be calculated;
(B) The difference calculated under subparagraph (A) of this paragraph shall be re duced by the fair market value of sold or harvested timber; and
(C) If the amount calculated under subparagraph (B) of this paragraph is more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, the resulting amount shall be assigned and taxed on a levy made by the tax officials of such county in a pro rata manner against the land underlying the stand ing timber so removed from the digest.
(2) Where a digest is so supplemented for tax year 1992, it shall be supplemented in subsequent years as follows:
(A) For tax year 1993, such supplemental assessment shall be in an amount equal to 75 percent of the supplemental assessment received for tax year 1992;
(B) For tax year 1994, such supplemental assessment shall be in an amount equal to 50 percent of the supplemental assessment received for tax year 1992;
(C) For tax year 1995, such supplemental assessment shall be in an amount equal to 25 percent of the supplemental assessment received for tax year 1992; and
(D) For tax year 1996 and future tax years, no supplemental assessment shall be received.
(m) (1) Any supplemental assessment added to a digest pursuant to subsection (1) of this Code section shall not be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164.
(2) The fair market value of timber harvested or sold added to a digest pursuant to this Code section shall be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164."
Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of ad valorem tax rates, and inserting in its place a new Code Sec tion 48-5-32 to read as follows:
"48-5-32. (a) As used in this Code section, the term:
(1) 'Ad valorem tax* or 'property tax' means a tax imposed upon the assessed value of property.
(2) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(3) 'Millage' or 'millage rate' means the levy, in mills, which is established by the gov erning authority for purposes of financing, in whole or in part, the taxing jurisdiction's ex penses for their fiscal year.
(4) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdivision of the

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state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes.
(b) At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each taxing jurisdiction shall cause a report to be published in a newspaper of general circulation serving residents of the taxing jurisdiction. Such report shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertise ment shall not be grounds for contesting the validity of the levy. Such report shall contain the assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for the support of the taxing jurisdiction for the current calendar year and such assessed taxable values and the millage rates for the support of the taxing jurisdiction for each of the immediately preceding five calendar years, as well as the total dollar amount of ad valorem tax revenue for the support of the taxing jurisdiction for each of the immedi ately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year.
(c) Collection of property taxes by any taxing jurisdiction failing to publish the report as required by this Code section may be enjoined until such time as the report is published. Any property owner of the taxing jurisdiction which fails to make the report required shall have standing to seek said injunction.
(d) This Code section shall not supersede any existing or future local law dealing with the subject of property tax advertisements; and differing property tax advertising require ments may be imposed by local law in addition to or in lieu of the requirements of this Code section."
Section 8. Said chapter is further amended by striking Code Section 48-5-33, relating to inclusion of standing timber as part of real property, which reads as follows:
"48-5-33. In the returning, appraisal, and assessment of tangible property, standing tim ber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of property.",
and inserting in its place the following:
"48-5-33. Reserved."
Section 9. Said chapter is further amended by striking Code Section 48-5-269, relating to rules and regulations concerning appraisal and assessment of property, and inserting in its place a new Code section to read as follows:
"48-5-269. (a) Subject to the limitations contained in Chapter 2 of this title, the com missioner may promulgate rules and regulations specifically regarding this part, including, but not limited to, the following:
(1) Prescription of the forms, books, and records to be used for standard property tax reporting for all taxing units, including, but not limited to, the forms, books, and records to be used in the listing, appraisal, and assessment of property and how the forms, books, and records shall be compiled and kept;
(2) Prescription of the form and content of state-wide, uniform appraisal and assess ment forms, books, and manuals;
(3) Development and prescription of procedures under which property sales ratio surveys shall be conducted; and
(4) Prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assess ment of property shall be furnished to the department using electronic data processing sys tems and equipment.

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(b) The commissioner shall promulgate after consultation with the Department of Agri culture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow in arriving at current use value of bona fide conservation use property, uniform rules and regulations governing the appraisal of such property. Such rules and regu lations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which improvements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the following provisions and criteria:
(1) Sales data of comparable real property with the same existing use and per-acre property values determined by the capitalization of net income, with sales data and income capitalization values to be weighted equally. Income capitalization values shall be derived from the respective conservation use property classifications, with consideration given to productivity of the respective major geological or geographical regions, and for this purpose:
(A) Net income shall be determined for:
(i) Crop land by calculating the five-year weighted average of per-acre net income from the major predominant acreage crops harvested in Georgia, and as used in this division, the term 'predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state;
(ii) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and
(iii) Forest property by calculating a five-year weighted average of per-acre net income from hardwood and softwood harvested in Georgia; and
(B) The capitalization rate shall be based upon:
(i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C. Section 2032A(e)(7)(A)(ii), further referenced by regulations 26 C.F.R. 20.2032A-4(e);
(ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; and
(iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and 20 percent, respectively;
(2) The state may be divided into appropriate geographical regions for the purpose of determining any calculation under this subsection; and
(3) Environmentally sensitive properties as certified by the Department of Natural Re sources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this subsection."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 48-5-274, relating to the establishment of the equalized adjusted school property tax digest, and inserting in its place a new subsection (a) to read as follows:
"(a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows:
(1) Determine the locally assessed valuation of the county property tax assessment di gest for the preceding calendar year, exclusive of real and personal property exempted from

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taxation for school purposes and of railroad equipment company property shown on the county railroad equipment company property tax digest, exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally as sessed valuation of timber harvested or sold;
(1.1) Determine the locally assessed valuation for timber harvested or sold during the calendar year;
(2) Divide the sum of the locally assessed valuation of the county property tax assess ment digest under paragraph (1) of this subsection by the ratio of assessed value to true value of the property established by the state auditor in accordance with paragraph (5) of this subsection;
(3) Determine the sum of the assessed valuation of the county railroad equipment com pany property tax digest for the preceding calendar year and divide such sum by the equali zation ratio for the year established by the commissioner for the purpose of assessing rail road equipment company properties throughout the state;
(3.1) Determine the sum of the assessed current use valuation of the county property tax digest;
(4) The total of the sums obtained through the calculations prescribed in paragraphs (1.1), (2), and (3), and (3.1) of this subsection shall be known as the current equalized ad justed school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the cur rent equalized adjusted school property tax digest for the state as a whole; and
(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 title to which was transferred pursuant to the exercise of the power of eminent domain. 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, within the county as is finally determined for real property within the county."
Section 11. Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by adding at its end a new subsection (k) to read as follows:
"(k) The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property as provided for in Code Section 48-57.4 and shall certify property to local boards of tax assessors as meeting or not meeting the criteria of such Code section."
Section 12. Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, is amended by striking subsection (a) 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

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Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed one-half of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. The amount of each local school system's local fair share shall be calculated as follows:
(1) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(2) From the amount 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 13. To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester if there is no pur chaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, and fuel wood so harvested. The commissioner, based upon data from the Georgia Forestry Commis sion, shall provide the tax assessor of each county with the table of taxes due per unit volume as enumerated in subsection (b) of Code Section 48-5-7.5 no later than November 15, 1991.
Section 14. This Act shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1993, for all other purposes, except that Section 13 of this Act shall become effective immediately upon its becoming law. Taxation for prior periods shall continue to be governed by prior law.
Section 15. All laws and parts of laws in conflict with this Act are repealed.
Senators Turner of the 8th and Starr of the 44th offered the following amendment:
Amend the substitute to HB 283 offered by the Senate Committee on Finance and Public Utilities by striking the words "and unit prices" on line 34 of page 23;
By adding after the word "seller" on line 1 of page 24 the following:
"and the volume, in pounds, if available, or measured volume, of softwood and hard wood pulpwood, chip and saw logs, saw timber, poles, and posts harvested. Such report shall include such data";
By replacing the words "Unit prices reported" on line 17 of page 24 with the word "Reports"; replacing the word "and" on line 18 with a comma; and adding before the period on line 19 of page 24 the following:
", and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50"; and
By striking subsection (j) on lines 18 through 25 of page 26 and inserting in lieu thereof the following:
"(j) Any person who fails to timely make any report or disclosure required by this Code section shall pay a penalty of 50 percent of the tax due, except that if the failure to comply is unintentional and the report or disclosure is filed within 12 months after the due date the amount of the penalty shall be 1 percent for each month or part of a month that the report or disclosure is late.".
On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted.

TUESDAY, MARCH 12, 1991

1883

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 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

Not voting were Senators Langford and Shumake.

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

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

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

SB 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.

Senator English of the 21st moved that the Senate adhere to its disagreement to the House amendment to SB 311, and that a Conference Committee be appointed.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 311.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators English of the 21st, Deal of the 49th and Foster of the 50th.

1884

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 367 was as follows:
A BILL
To be entitled an Act 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 foreign country; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking paragraph (1) of subsection (a) of said Code section and inserting in lieu thereof a new paragraph (1) to read as follows:
"(1) Any other law to the contrary notwithstanding, this part shall not be applicable to the manufacturing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use within a state in a lottery conducted by that state or within a foreign country in a lottery conducted under the author ity of law of such foreign country, or any advertising materials relative to such printed materials, if such equipment, devices, or other materials are for shipment out of the State of Georgia to authorized persons conducting lotteries in such states or foreign countries. This part shall in no way prohibit communications between persons in this state and persons in other states or foreign countries relative to such printed materials, equipment, devices, or other materials or prohibit demonstrations of same within this state to authorized repre sentatives from other states or foreign countries conducting lotteries."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 367 as amended by the following amendment:
Amend the House substitute to SB 367 by striking from line 4 of page 1 the following:
"delete",
and inserting in lieu thereof the following:
"change".
By inserting after the word "a" on line 5 of page 1 the following:
"state or".
By inserting following the word "state" on lines 21 and 22 of page 1 the following:
"or a political subdivision of that state".
On the motion, a roll call was taken, and the vote was as follows:

TUESDAY, MARCH 12, 1991

1885

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun
X ,y. oll!ns Dean
Echols
English Foster Garner Gillis Hammill

Harris Hasty Henson Hill Hooks
Huggins Johnson Kidd
Marable
NMeowyebill Olmstead Perdue Perry Phillips Pollard

Those not voting were Senators:

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
Scott Starr Steinberg
Tate
TTahyolmorpson Turner Tysinger Walker of 22nd Walker of 43rd White

Bowen Coleman Dawkins

Egan Langford

Shumake Timmons

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 367 as amended by the Senate.

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

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 House amendment was as follows:
Amend SB 357 by adding after the word "in" on line 10, page 2, the numbers and words "$2500.00 or", and by adding after the word "of on line 16, page 2, the numbers and words "1,000 or more persons for a $2500.00 grant or".
Senator Foster of the 50th moved that the Senate disagree to the House amendment to SB 357.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 357.

1886

JOURNAL OF THE SENATE

The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Collins of the 17th moved that the Senate insist upon the Senate substitute to HB 358.
On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 358.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Lane of the 27th, Dixon of the 151st and Bostick of the 138th.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has disagreed to the Senate amendment to the following resolution of the House:
HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others: A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.

TUESDAY, MARCH 12, 1991

1887

The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:

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.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill 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.

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

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.
Senate Sponsor: Senator Egan of the 40th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton Clay Collins Dawkins Dean Echols Egan English Foster

Garner Hammill Harris Hasty Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue

Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Tate Thompson Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Bowen Coleman Deal (excused conferee) Edge Gillis

Henson Johnson (excused conferee) Phillips Robinson Shumake

Steinberg Taylor Timmons Walker of 43rd

1888

JOURNAL OF THE SENATE

On the passage of the bill, the yeas were 42, nays 0.
The bill, having received the requisite constitutional majority, was passed.
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.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Judiciary offered the following substitute to HB 469:
A BILL
To be entitled an Act 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; to pro vide the court with the authority to authorize a period of conditional release; to provide for discharge upon the successful completion of such conditional release; to provide for revoca tion of such conditional release; to provide the defendant with the right of review by the court; to provide that the Department of Human Resources shall not be criminally or civilly liable for certain acts; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by striking subparagraph (b)(3)(A) of said Code section and inserting in lieu thereof a new subparagraph (A) to read as follows:
"(A) I charge you that should you find the defendant not guilty by reason of insanity at the time of the crime, the defendant will be committed to a state mental health facility until such time, if ever, that the court is satisfied that he (or she) should be released pursuant to law."
Section 2. Said Code section is further amended by striking subsection (e) of said Code section and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) (1) After the expiration of the 30 days' evaluation period in the state mental health facility, if the evaluation report from the Department of Human Resources indicates that the defendant does not meet the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the trial judge may issue an order discharging the defendant from custody without a hearing.
(2) If the defendant is not so discharged, the trial judge shall order a hearing to deter mine if the defendant meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37. If such criteria are not met, the defendant must be discharged.
(3) The defendant shall be detained in custody until completion of the hearing. The hearing shall be conducted at the earliest opportunity after the expiration of the 30 days' evaluation period but in any event within 30 days after receipt by the prosecuting attorney of the evaluation report from the mental health facility. The court may take judicial notice of evidence introduced during the trial of the defendant and may call for testimony from

TUESDAY, MARCH 12, 1991

1889

any person with knowledge concerning whether the defendant is currently a mentally ill person in need of involuntary treatment or currently mentally retarded and in need of being ordered to receive services, as those terms are defined by paragraph (12) of Code Section 373-1 and Code Section 37-4-40. The prosecuting attorney may cross-examine the witnesses called by the court and the defendant's witnesses and present relevant evidence concerning the issues presented at the hearing.
(4) If the judge determines that the defendant meets the inpatient commitment criteria of Chapter 3 of Title 37 or Chapter 4 of Title 37, the judge shall order the defendant to be committed to the Department of Human Resources to receive involuntary treatment under Chapter 3 of Title 37 or to receive services under Chapter 4 of Title 37. The defendant is entitled to the following rights specified below and shall be notified in writing of these rights at the time of his admission for evaluation under subsection (d) of this Code section. Such rights are:
(A) A notice that a hearing will be held and the time and place thereof;
(B) A notice that the defendant has the right to counsel and that the defendant or his representative may apply immediately to the court to have counsel appointed if the defend ant cannot afford counsel and that the court will appoint counsel for the defendant unless he indicates in writing that he does not desire to be represented by counsel;
(C) The right to confront and cross-examine witnesses and to offer evidence;
(D) The right to subpoena witnesses and to require testimony before the court in per son or by deposition from any person upon whose evaluation the decision of the court may rest;
(E) Notice of the right to have established an individualized service plan specifically tailored to the person's treatment needs, as such plans are defined in Chapter 3 of Title 37 and Chapter 4 of Title 37; and
(F) A notice that the defendant has the right to be examined by a physician or a li censed clinical psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of Chapter 3 of Title 37 or Chapter 4 of Title 37, whichever is applicable.
(5) (A) If a defendant appears to meet the criteria for outpatient involuntary treatment as defined in Part 3 of Article 3 of Chapter 3 of Title 37, which shall be the criteria for release on a trial basis in the community in preparation for a full release, the court may order a period of conditional release subject to certain conditions set by the court. The court is authorized to appoint an appropriate community service provider to work in conjunction with the Department of Human Resources to monitor the defendant's compliance with these conditions and to make regular reports to the court.
(B) If the defendant successfully completes all requirements during this period of con ditional release, the court shall discharge the individual at the end of that period. Such individuals may be referred for community mental health, mental retardation, or substance abuse services as appropriate.
(C) If the defendant does not successfully complete any or all requirements of the con ditional release period, the court may:
(i) Revoke the period of conditional release and return the defendant to a state hospital for inpatient services; or
(ii) Impose additional or revise existing conditions on the defendant as appropriate and continue the period of conditional release.
(D) For any decision rendered under subparagraph (C) of this paragraph, the defendant may request a review by the court of such decision within 20 days of the order of the court.
(E) The Department of Human Resources and any community services providers pro viding supervision or treatment during a period of conditional release shall not be held

1890

JOURNAL OF THE SENATE

criminally or civilly liable for any acts committed by a defendant placed by the committing court on a period of conditional release."
Section 3. Said Code section is further amended by striking paragraph (3) of subsection (f) of said Code section and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) If the finding of the court is adverse to release in such hearing held pursuant to this subsection on the grounds that such defendant does not meet the inpatient civil com mitment criteria, a further release application by the defendant shall not be heard by the court until 12 months have elapsed from the date of the hearing upon the last preceding application. The Department of Human Resources shall have the independent right to re quest a release hearing once every 12 months."
Section 4. 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 Broun Burton Clay CTD->oalwliiknms s Dean Echols Edge
Egan
English
Foster
Gillis
Hammill

Harris Hasty Henson Hill Huggins Johnson Kidd LM*aanrgafbuoilred Moye Newbill Olmstead
Perdue
Perry
Phillips
Pollard
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson g cott Shumake Starr cS_,t, em buerg i,at Taylor Thompson
Turner
Tysinger
Walker of 22nd
Walker of 43rd
White

Those not voting were Senators:

Bowen Coleman

Deal (excused conferee) Hooks Garner (excused conferee) 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.

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

TUESDAY, MARCH 12, 1991

1891

1988," so as to delete provisions requiring the promulgation and review of the Georgia Hazardous Chemical List.
Senate Sponsor: Senator Walker of the 22nd.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 217 by striking from line 7 of page 3 the following:
"by a public employee",
and inserting in lieu thereof the following:
"by a state employee".
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin BishP Broun Bu,rton Cfman Colhns Dawkins !D>ea,,n,, Echols
English Foster Garner Gillis

Hammill Harris Hasty Henson Hill Huggins Kidd Langford 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 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Clay Deal (excused conferee)

Hooks Johnson (excused conferee)

Perry Timmons

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

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

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

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.

1892

JOURNAL OF THE SENATE

The House amendment to Senate amendment No. 2 was as follows:

Amend Senate amendment No. 2 to HB 508 by striking lines 6 and 7 of page 1 and inserting in their places the following:
"By adding on lines 12 through 14 of page 5 the following:
'(iii) Surgery in an operating room environment, including but not limited to ambula tory surgery; provided, however, this provision shall not apply to surgery performed in the offices of an individual private physician or single group practice of private physicians if such surgery is performed in a facility that is owned, operated, and utilized by such physi cians who also are of a single specialty and the capital expenditure associated with the con struction, development, or other establishment of the clinical health service does not exceed the amount of $1 million; and' "
By striking line 9 of page 1 and inserting in its place the following: "(iii)"
By striking line 11 of page 1 and inserting in its place the following: "(iv)"
By adding after line 11 of page 1 the following:
"By inserting immediately preceding the word 'and' on line 24 of page 5 and line 5 of page 6 the following:
', division (iii) of subparagraph (G) of this paragraph,' "

Senator Robinson of the 16th moved that the Senate agree to the House amendment to Senate amendment No. 2.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Brun Burton
VCo;,eyman CDoawlhknisns Dean Echols Edge Egan English Foster Garner

Gillis Hammill Hasty Hill Huggins
JRoihdndson ,Langf.ord, Marable Move Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson
SShcoutmt ake 0St. arr Steinberg
Thompson Turner Tysinger Walker of 43rd White

Voting in the negative was Senator Alien.

Those not voting were Senators:

Bowen Deal Harris

Henson Hooks Ramsey

Tate Timmons Walker of 22nd

TUESDAY, MARCH 12, 1991

1893

On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House amendment to Senate amendment No. 2.

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

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 House substitute to SB 299 was as follows:

A BILL
To be entitled an Act to amend Chapter 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, so as to provide for elimination of hazardous conditions arising from provision of contact lenses by unlicensed persons; 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 12 of Title 31 of the Official Code of Georgia Annotated, relating to hazardous conditions, preventable diseases, and metabolic disorders, is amended by adding at the end thereof a new Code Section 31-12-12 to read as follows:
"31-12-12. No person shall sell, dispense, or serve as a conduit for the sale or dispensing of contact lenses to the ultimate user of such contact lenses in this state, except persons licensed and regulated by Chapters 29, 30, or 34 of Title 43. Such lenses are deemed sold or dispensed within the state at the time the person for whom prescribed takes delivery."
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 Garner of the 30th moved that the Senate agree to the House substitute to SB 299.

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

Those voting in the affirmative were Senators:

Albert Alien Bishop Burton Clay Coleman Collins Dawkins Dean Echols Edge

Egan English Foster Garner Gillis Hammill Hasty Hill Hooks Huggins Johnson

Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th

1894

JOURNAL OF THE SENATE

Ragan of 32nd Ramsey Ray Robinson Scott

Steinberg Tate Taylor Thompson

Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Baldwin Bowen Broun Deal

Harris Henson Shumake

Starr Timmons Walker of 22nd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 299.

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

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.
Senate Sponsor: Senator Clay of the 37th.

The Senate Committee on Insurance and Labor offered the following substitute to HB 905:

A BILL
To be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding group or blan ket accident and sickness insurance, so as to delete provisions requiring notice of cancella tion 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; to provide for applicability; to provide exceptions; to revise certain standards and require ments for the rating of small groups; to provide for factors which may be considered in the rating of small groups; to authorize the Commissioner to exempt insurers from certain re quirements regarding the rating of small groups; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, is amended by striking Code Section 33-24-47.1, relating to notice prior to cancellation or nonrenewal of an individual or group accident and sickness insurance policy, in its entirety and inserting in its place a new Code Section 33-24-47.1 to read as follows:
"33-24-47.1. (a) This Code Section shall apply only to policies, contracts, or certificates of insurance insuring against loss resulting from sickness or from bodily injury or death by accident, or both, or any contract to furnish ambulance service in the future governed by the provisions of Chapters 15, 18, 19, 20, 21, and 30 of this title.
(b) No insurer shall refuse to renew a policy to which this Code section applies unless a

TUESDAY, MARCH 12, 1991

1895

written notice of nonrenewal is mailed or delivered in person to the group policyholder. Such notice stating the time when nonrenewal will be effective, which shall not be less than 60 days from the date of mailing or delivery of such notice of nonrenewal or such longer period as may be provided in the contract or by statute, shall be delivered in person or by depositing the notice in the United States mails to be dispatched by at least first-class mail to the last address of record of the group policyholder and receiving the receipt provided by the United States Postal Service or such other evidence of mailing as prescribed or accepted by the United States Postal Service.
(c) Notice to the group policyholder shall not be required by this Code section when a group or blanket accident and sickness policy is canceled by an insurer for nonpayment of any premium at the expiration of the 31 day grace period as required by Code Section 3330-4 or when the group policyholder has given any required written notice of termination to the insurer.
(d) A notice of termination of a policy to which this Code section applies shall be mailed or delivered to the group policyholder and to each employer group or subgroup in sured under the policy not less than 60 days prior to the effective date of the termination of the policy. A notice of termination shall be mailed or delivered in the same manner pro vided in subsection (b) of this Code section for a notice of nonrenewal."
Section 2. Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions regarding group or blanket accident and sickness insurance, is amended by striking Code Section 33-30-12, relating to standards and requirements for rat ing of small groups, and inserting in its place a new Code Section 33-30-12 to read a follows:
"33-30-12. (a) As used in this Code section, the term 'small group* means a group or subgroup of 50 or fewer employees, members, or enrollees.
(b) Except as otherwise provided in this Code section, the claims experience produced by small groups covered under accident and sickness insurance for each insurer shall be fully pooled for rating purposes. Except to the extent that the claims experience of an indi vidual small group affects the overall experience of the small group pool, the claims experi ence produced by any individual small group of each insurer shall not be used in any man ner for rating purposes or solely as a reason for termination of any individual group.
(c) Each insurer's small group pool shall consist of each insurer's total claims experience produced by all small groups in this state, regardless of the marketing mechanism or distri bution system utilized in the sale of the group insurance. The pool shall include the experi ence generated under any medical expense insurance coverage offered under separate group contracts; contracts issued to trusts, multiple employer trusts, or association groups or trusts; or any other group-type coverage. The experience produced under multiple employer trusts or arrangements through contracts issued in this state or provided by solicitation and sale to Georgia residents through an out-of-state multiple employer trust or arrangement for all the Georgia small groups shall be fully pooled for rating purposes. Multiple employer trusts or arrangements shall include any group or group-type coverage issued to a trust or association or to any other group policyholder where such group or group-type contract pro vides coverage, primarily or incidentally, for sole proprietors, employers, or both.
(d) Notwithstanding the requirements of subsection (b) of this Code section, age, sex, size, area, industry, occupational and avocational factors and any other factors deemed rele vant by the Commissioner may be considered in the initial and renewal rating of each small group. Durations since issue and tier factors may not be considered. Substandard rating in accordance with recognized underwriting practices may be applied to each employee, mem ber, or enrollee and to each dependent member of the small group in the initial underwrit ing of a new or replacement group or when the member or dependent enters the small group for the first time but shall not be used for renewal rating purposes. Notwithstanding subsec tion (b) of this Code section, the total premium calculated for any individual small group may deviate from the pool rate by not more than plus or minus 25 percent based upon

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individual small group experience factors. The direct premium result of select or substan dard underwriting practices shall not be considered a deviation from the pool rate.
(e) (1) If, according to recognized underwriting practices, a member or eligible depen dent cannot be issued coverage at standard or substandard rates, then coverage may be issued with a waiver for a named impairment or impairments.
(2) If, according to recognized underwriting practices, a waiver may not be offered, cov erage may be declined if the balance of the small group is accepted.
(f) This Code section shall not apply to:
(1) Policies issued to an employer in another state which provides coverage for employ ees of this state employed by such employer policyholder;
(2) Policies issued to true association groups, which shall be denned as an association of governmental or public employees, an association of employees of a common employer, or an organization formed and operated in good faith for purposes other than that of procuring insurance and composed of members engaged in a common trade, business, or profession;
(3) A policy negotiated in connection with a collective bargaining agreement; or
(4) Limited accident and sickness insurance policies such as hospital indemnity policies, specified disease policies, limited accident policies, or similar limited policies.
(g) All small groups in the small group pool of each insurer with renewal dates prior to the effective date of this subsection shall be included in and shall remain in the small group pool. No insurer will be required to include the claims experience of any small group whose renewal rate exceeds the small group pool rate calculated, including such small groups' ex perience, by more than 25 percent for small groups with renewal dates on and after the effective date of this subsection and until October 1, 1994; provided, however, that until October 1, 1994, premiums for such small groups not in the small group pool shall not be increased until such time as their rates are within the small group pool rate plus 25 percent range, and such groups attaining rates within the small group pool rate prior to October 1, 1994, shall then be placed into the small group pool. All requirements of this Code section are applicable to these small groups.
(h) The Commissioner is authorized to exempt insurers from one or more provisions of this Code section upon satisfactory demonstration that such exemption will not result in rates which are unreasonable, inequitable, or unfair under the circumstances."
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
Senators Pollard of the 24th and Clay of the 37th offered the following amendment:
Amend the substitute to HB 905 offered by the Senate Committee on Insurance and Labor by striking lines 5 through 22 of page 7 in their entirety.
By striking on line 23 of page 7 the following: "(h)",
and inserting in its place the following: "(g)".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended.

TUESDAY, MARCH 12, 1991

1897

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 Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Garner Hooks

Moye Ramsey Shumake

Timmons 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.

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

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.

The House substitute to SB 243 was as follows:

A BILL
To be entitled an Act 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 satisfac tion of such liens; to provide for a certain notice at the time property is delivered for the performance of services; to provide that the acceptance of such notice without objection shall constitute a contractual waiver of certain rights that may otherwise exist; 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 7 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia

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Annotated, relating to liens of laundries, cleaners, dyers, tailors, and other similar establish ments, is amended by striking Code Section 44-14-453, relating to sale of goods for satisfac tion of a lien; Code Section 44-14-454, relating to procedures for sale of goods; and Code Section 44-14-455, relating to the proceeds of sale, in their entirety and substituting in lieu thereof new Code Sections 44-14-453, 44-14-454, and 44-14-455 to read as follows:
"44-14-453. (a) In order to satisfy the lien of the person, firm, or corporation performing the service, whenever any clothing, goods, wearing apparel, shoes, carpets, rugs, or other such articles remain in the possession of any person, firm, or corporation engaged in the business of laundering, cleaning, tailoring, altering, repairing, or dyeing such articles for a period of 90 days after the person, firm, or corporation has performed any services thereon without the agreed price or the reasonable value of the service being paid, the goods or articles may be sold by the person, firm, or corporation having performed the service in the manner and subject to the requirements of Code Sections 44-14-454 and 44-14-455.
(b) As an alternative to the satisfaction of the lien as provided in subsection (a) of this Code section, an establishment accepting property to provide the services described in this part may at the time of accepting the property give to the person delivering the property to the establishment notice, which may be in the form of a sign clearly visible to a person delivering property to the establishment, that, if the property is not claimed and the agreed upon price or reasonable value for the service is not paid within 120 days after the service was performed, the establishment may otherwise dispose of the property without further notice to the owner of the property or to the person who delivered the property to the establishment. A person delivering property to an establishment for the performance of ser vices described in this part who receives notice provided for in this subsection and who does not object to the content of such notice shall be deemed to have contractually waived any additional rights that may otherwise attach to disposition of the property, and if the person delivering the property to the establishment is not its owner, the contractual waiver of rights shall extend to the owner of the property if the person who delivered the property to the establishment was in lawful possession of the property at the time it was delivered. Property subject to the provisions of this subsection may be otherwise disposed of in such manner as the establishment possessing the property shall determine.
44-14-454. Before any sale shall be made as provided in subsection (a) of Code Section 44-14-453, the person, firm, or corporation making the sale shall give ten days' notice thereof by mail to the last known address of the owner if known, or otherwise to the last known address of the person from whom the goods were received. Such notice shall give the name of the owner of the goods, if known, and if not known, the name of the person from whom the goods were received; a description of the goods to be sold; the time and place of the sale; the amount of the charges for which the goods or articles will be sold; and the name of the person, firm, or corporation having possession of the goods or articles and proposing to make the sale.
44-14-455. The proceeds of any sale made under subsection (a) of Code Section 44-14453 shall be applied first to the payment of the lien for services rendered by the person, firm, or corporation making the sale for its services in laundering, cleaning, tailoring, alter ing, repairing, or dyeing the articles sold; and the residue, if any, shall be paid on demand to the owner of the goods sold."
Section 2. All laws and parts of laws in conflict with the Act are repealed.

Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 243.

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

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1899

Clay Coleman Collins Deal
English Foster Gillis Hammill Harris Hasty

Henson Hooks Huggins
Johnson Kidd Langford Marable My Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd
Ray Robinson Scott Steinberg Tat* Taylor Thompson Turner Tysinger White

Those not voting were Senators:

Bowen
Dawkins Garner Hill

Ramsey Shumake Starr

Timmons Walker of 22nd Walker of 43rd

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 243.

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

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.
Senate Sponsor: Senator Gillis of the 20th.

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

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

Those voting in the affirmative were Senators:

Baldwin Bishop Broun Burton Clay Coleman Deal Dean Echols Edge 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 Ray Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger White

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Those not voting were Senators:

Albert Alien Bowen Collins Dawkins

Egan Garner Langford Ramsey Shumake

Taylor Timmons 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.

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

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 House substitute to SB 389 was as follows:

A BILL
To be entitled an Act to amend Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales by farm wineries in remote tasting rooms on Sundays where local laws permit; to provide for sale of wine by farm wineries in special entertain ment districts on Sunday; to define special entertainment district; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 3-6-21.2 of the Official Code of Georgia Annotated, relating to Sunday sales on farm wineries, is amended by striking said Code section and inserting in lieu thereof a new Code Section 3-6-21.2 to read as follows:
"3-6-21.2. Notwithstanding any other provisions of this title to the contrary, in all coun ties in which the sale of wine is lawful by a farm winery and in all municipalities in which the sale of wine is lawful by a farm winery, a farm winery which is licensed to sell its wine in a tasting room or other licensed farm winery facility within the county or municipality, as the case may be, for consumption on the premises or in closed packages for consumption off the premises shall be authorized to sell its wine on Sundays from 12:30 P.M. until 12:00 Midnight in the tasting room or other licensed farm winery facility, to the same extent as its county or municipal license would otherwise permit. Nothing in this Code section shall be construed so as to authorize a farm winery to sell wine as provided herein on any other premises which are not actually located on the property where such farm wine is produced, except in the locally designated special entertainment districts. As used in this Code section, 'special entertainment districts' means contiguous properties upon which is located a festi val market place and entertainment project which is financed in whole or in part by public funds and which contains a minimum of 200,000 square feet of gross leasable space for retail sales and entertainment purposes and which is located in the central business district of any such municipality if more than 50 percent of such contiguous properties are owned or con trolled by a government entity."

TUESDAY, MARCH 12, 1991

1901

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 389.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Broun
Clay Coleman

Hammill Harris Hasty Henson
Hil1 Hooks

Deal DEcehaonls Edge Egan
English Foster Gillis

Kidd LMaanrgafbolred Moye Newbill
Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey
Robinson
Stemberg Tate Thompson Tysinger Walker of 43rd White

Voting in the negative was Senator Burton.

Those not voting were Senators:

Albert Bowen Dawkins Garner (excused conferee)

Johnson (excused conferee) Shumake Starr Taylor

Timmons Turner Walker of 22nd

On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 389.

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

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.

Senator Edge of the 28th moved that the Senate adhere to the Senate substitute to HB 11, 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 11.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Edge of the 28th, Clay of the 37th and Perdue of the 18th.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 201 was as follows:
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 certain parcels shall not be included in the sales ratio study; to provide that personnel of the Department of Audits and Accounts shall use the Standard on Assessment-Ratio Studies; to provide for related mat ters; 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. 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

TUESDAY, MARCH 12, 1991

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property. The state auditor shall use the same ratio for other personal property, excluding motor vehicles, 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 follow:
"(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. This Act shall become effective January 1, 1992, and shall be applicable to each equalized adjusted school property tax established and maintained by the state auditor after January 1, 1992.
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 201.

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 Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Foster 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 Ray Robinson Scott Starr Steinberg Tate Thompson Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Garner Henson

Shumake Taylor Timmons

Turner Walker of 22nd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 201.

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The following resolution of the House was taken up for the purpose of considering the House action thereon:
HR 286. By Representatives Smith of the 152nd, Coleman of the 188th, 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.
Senator Coleman of the 1st moved that the Senate insist upon the Senate amendment to HR 286.
On the motion, the yeas were 35, nays 2; the motion prevailed, and the Senate insisted upon the Senate amendment to HR 286.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Scott of the 36th.
The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to HB 604:
A BILL
To be entitled an Act to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to change certain requirements relating to affidavits and adoption petitions; to change certain provisions regarding the executions of surrenders; 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; to provide for applications and fees for criminal records checks; to change who may request a certificate of adoption; to change when adoption records may be examined; to provide for agents of the department and placement agencies and their functions, authority, power, duties, and im munities; to change the provisions prohibiting advertising and inducements; to provide for legislative intent; to validate, ratify, and confirm certain decrees of adoption; to amend Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of child wel fare agencies, so as to provide for statutory construction regarding certain prohibitions; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, is amended by striking subsections (c) and (h) of Code Section 19-8-5, relating to adoptions by third parties, and inserting in their respective places the following:
"(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a notary. The name and address of each person to whom the child is surrendered may be omitted to protect confidentiality, provided the surrender sets forth the name and address of his agent for purposes of notice of withdrawal as provided for in subsection (d) of this Code section. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
"(h) Whenever rights are surrendered pursuant to this Code section, the representative

TUESDAY, MARCH 12, 1991

1905

of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 2. Said chapter is further amended by striking subsections (c) and (h) of Code Section 19-8-6, relating to stepparent adoptions, and inserting in their respective places new subsections to read as follows:
"(c) The surrender specified in this Code section shall be executed, following the birth of the child, in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
"(h) Whenever rights are surrendered pursuant to this Code section, the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 3. Said chapter is further amended by striking subsections (c) and (h) of Code Section 19-8-7, relating to adoptions by relatives, and inserting in their respective places new subsections to read as follows:
"(c) The surrender specified in this Code section shall be executed, following the birth of a child, in the presence of a notary. A copy shall be delivered to the individual signing the surrender at the time of the execution thereof."
"(h) Whenever rights are surrendered pursuant to this Code section the representative of each petitioner shall execute an affidavit meeting the requirements of subsection (k) of Code Section 19-8-26."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 19-8-13, relating to filing adoption petitions, and inserting in its place a new paragraph to read as follows:
"(1) The petition shall set forth:
(A) The name, age, marital status, and place of residence of each petitioner;
(B) The name by which the child is to be known should the adoption ultimately be completed;
(C) The date of birth and the sex of the child;
(D) The date and circumstances of the placement of the child with each petitioner;
(E) Whether the child is possessed of any property and, if so, a full and complete description thereof;
(F) Whether the child has one or both parents or his biological father who is not the legal father living; and
(G) Whether the child has a guardian."
Section 5. Said chapter is further amended by adding at the end of said Code Section 19-8-13 a new subsection to read as follows:
"(g) Notwithstanding the provisions of Code Sections 19-8-5 and 19-8-7 and this Code section which require obtaining and attaching a written voluntary surrender and acknowl edgment thereof and affidavits of the legal mother and a representative of the petitioner, where the adoption is sought under subsection (a) of Code Section 19-8-5 or 19-8-7 following the termination of parental rights and the placement of the child by the juvenile court pur suant to paragraph (1) of subsection (a) of Code Section 15-11-90, obtaining and attaching to the petition a certified copy of the order terminating parental rights of the parent shall take the place of obtaining and attaching those otherwise required surrenders, acknowledg ments, and affidavits."
Section 6. Said chapter is further amended by striking Code Section 19-8-14, relating to time of hearing, and inserting in its place a new Code section to read as follows:
"19-8-14. Upon the filing of the petition for adoption the court shall fix a date upon

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which the petition shall be considered, which date shall be not less than 60 days from the date of the filing of the petition or, when Code Section 19-8-10 is relied upon, not less than 30 days from the receipt of notice as provided in subsection (c) of Code Section 19-8-10. Copies of the petition, the order fixing the date upon which the petition shall be considered, and all exhibits, surrenders, or certificates required by this chapter shall be forwarded by the clerk to the department within 15 days after the filing of the petition for adoption, together with a request that a report and investigation be made as required by law. Copies of all motions, amendments, and other pleadings filed and of all orders entered in connec tion with the petition for adoption shall be forwarded by the clerk to the department within 15 days after such filing or entry."
Section 7. Said chapter is further amended by adding at the end of Code Section 19-816, relating to investigations of the petitioner, a new subsection to read as follows:
"(d) Where a criminal records check of a petitioner is required pursuant to this Code section, that petitioner shall pay the fee and make application for such records check as required by the department."
Section 8. Said chapter is further amended by striking subsection (b) of Code Section 19-8-20, relating to forwarding of decrees to the department, and inserting in its place a new subsection to read as follows:
"(b) At any time after the entry of the decree of adoption, upon the request of an adopted person who has reached 18 years of age or upon the request of any adopting parent, the clerk of the court granting the decree shall issue to that requesting adopted person or adopting parent a certificate of adoption, under the seal of the court, upon payment to the clerk of the fee prescribed in Code Sections 15-6-77 and 15-6-77.1, which adoption certifi cate shall be received as evidence in any court or proceeding as primary evidence of the facts contained in the certificate."
Section 9. Said chapter is further amended by adding at the end of subsection (f) of Code Section 19-8-23, relating to recording the records of adoption, a new paragraph to read as follows:
"(12) Whenever this subsection authorizes both the department and a placement agency to perform any function or requires the placement agency to perform any function which the department is also required to perform, the department or agency may designate an agent to perform that function and in so performing it the agent shall have the same authority, powers, duties, and immunities as an employee of the department or placement agency has with respect to performing that function."
Section 10. Said chapter is further amended by striking subsection (a) of Code Section 19-8-23, relating to recording the records of adoptions, and inserting in its place a new sub section to read as follows:
"(a) The original petition, all amendments and exhibits thereto, all motions, documents, affidavits, records, and testimony filed in connection therewith, and all decrees or orders of any kind whatsoever, except the original investigation report and background information referred to in Code Section 19-8-20, shall be recorded in a book kept for that purpose and properly indexed; and the book shall be part of the records of the court in each county which has jurisdiction over matters of adoption in that county. All of the records, including the docket book, of the court granting the adoption, of the department, and of the childplacing agency that relate in any manner to the adoption shall be kept sealed and locked. The records may be examined by the parties at interest in the adoption and their attorneys when, after written petition has been presented to the court having jurisdiction and after the department and the appropriate child-placing agency have received at least 30 days' prior written notice of the filing of such petition, the matter has come on before the court in chambers and, good cause having been shown to the court, the court has entered an order permitting such examination. Notwithstanding the foregoing, if the adoptee who is the sub ject of the records sought to be examined is less than 18 years of age at the time the petition is filed and the petitioner is someone other than one of the adoptive parents of the adoptee,

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then the department shall provide written notice of such proceedings to the adoptive par ents by certified mail, return receipt requested, at the last address the department has for such adoptive parents and the court shall continue any hearing on the petition until not less than 60 days after the date the notice was sent. Each such adoptive parent shall have the right to appear in person or through counsel and show cause why such records should not be examined. Adoptive parents may provide the department with their current address for pur poses of receiving notice under this subsection by mailing that address to:
Adoption Unit Department of Human Resources
Atlanta, Georgia".
Section 11. Said chapter is further amended by striking subsection (c) of Code Section 19-8-24, prohibiting advertisements, and inserting in its place a new subsection to read as follows:
"(c) (1) Paragraph (1) of subsection (a) of this Code section shall not apply to commu nication by private means, including only written letters or oral statements, by an individual seeking to:
(A) Adopt a child or children; or
(B) Place that individual's child or children for adoption,
whether the communication occurs before or after the birth of such child or children.
(2) Paragraph (1) of subsection (a) of this Code section shall not apply to any communi cation described in paragraph (1) of this subsection which contains any attorney's name, address, telephone number, or any combination of such information and which requests any attorney named in such communication to be contacted to facilitate the carrying out of the purpose, as described in subsection (A) or (B) of paragraph (1) of this subsection, of the individual making such personal communication."
Section 12. Said chapter is further amended by striking Code Section 19-8-25, relating to the effect of prior consents or surrenders, and inserting in its place a new Code section to read as follows:
"(a) A written consent or surrender, executed on or before June 30, 1990, shall, for purposes of an adoption proceeding commenced on or after July 1, 1990, be deemed to sat isfy the surrender requirements of this chapter and it shall not be necessary to have any parent or guardian execute the documents required by Code Section 19-8-4, 19-8-5, 19-8-6, or 19-8-7; however, all other applicable provisions of this chapter must be complied with.
(b) It is the legislative intent of this subsection to clarify and not to change the applica bility of certain previously existing provisions of this chapter to adoption proceedings pend ing on July 1, 1990. Any decree of adoption issued in an adoption proceeding in which the adoption petition was filed in a superior court of this state prior to July 1, 1990, shall be valid if the adoption conformed to the requirements of this chapter either as they existed on June 30, 1990, or on July 1, 1990, and each such adoption decree is hereby ratified and confirmed."
Section 13. Code Section 49-5-12 of the Official Code of Georgia Annotated, relating to licensing of child welfare agencies, is amended by striking subsection (q) thereof and in serting in its place a new subsection to read as follows:
"(q) No person, official, agency, hospital, maternity home, or institution, public or pri vate, in this state shall receive or accept a child under 17 years of age for placement or adoption or place such a child, either temporarily or permanently, in a home other than the home of the child's relatives without having been licensed or commissioned by the depart ment. Notwithstanding the provisions of Code Section 49-5-12.1, violation of this subsection shall be punishable by a fine of not less than $100.00 nor exceeding $500.00 for each offense. Nothing in this Code section shall be construed to prohibit a properly licensed attorney at law from providing necessary legal services and counsel to parties engaged in or contemplat-

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JOURNAL OF THE SENATE

ing adoption proceedings. Nothing in this Code section shall be construed to prohibit an individual seeking to:
(1) Adopt a child or children from receiving or accepting a child or children in the individual's home in anticipation of filing a petition for adoption under Chapter 8 of Title 19; or
(2) Have that individual's child or children placed for adoption from placing that indi vidual's child or children in the home of an individual who is not related to the child or children in anticipation of the individual's initiation of adoption proceedings pursuant to Chapter 8 of Title 19."
Section 14. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 15. 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 Broun Burton
CCokeyman
Dawkms
Djeeaaln Echols Edge Egan Foster Garner

Gillis Hammill Harris Hasty Henson Hm
HRuogogksins
^*TM
LKaldndgford Marable Move Newbill Olmstead Perdue

Perry Phillips Pollard Ragan of 10th Ray Robinson
Sgtcaortrt
Steinberg
TThatoempson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen English Ragan of 32nd

Ramsey Shumake

Taylor Timmons

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

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

TUESDAY, MARCH 12, 1991

1909

The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Johnson of the 47th moved that the Senate insist upon the Senate amendment to HB 120.
On the motion, the yeas were 30, nays 0; the motion prevailed and the Senate insisted upon the Senate amendment to HB 120.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 346 was as follows:
A BILL
To be entitled an Act to amend Code Section 15-10-100 of the Official Code of Georgia Annotated, 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 for limi tations and requirements relative 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. Code Section 15-10-100 of the Official Code of Georgia Annotated, relating to the appointment of constables for magistrate courts, is amended by adding immediately following subsection (c) a new subsection (c.l) to read as follows:
"(c.l) (1) In addition to the alternatives provided in subsections (a), (b), and (c) of this Code section, the governing authority of a county may employ marshals to perform the duties of constables.
(2) No person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be author ized by law,
(3) Any person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall meet the requirements of Chapter 8 of Title 35."
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 Baldwin of the 29th moved that the Senate agree to the House substitute to SB 346.
On the motion, a roll call was taken, and the vote was as follows:

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JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Broun Burton
~, ?.man CDoalwliknisns Dean Echols Edge Egan English Foster Garner

Gillis Hammill Harris
Hasty Hill Hooks
Huggins Johnson IKTl-dJdJ Langford Marable Moye Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th
Ragan of 32nd Ramsey Ray
Robinson Starr oSttem buerg Tate Taylor Thompson Turner Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Deal Henson

Scott Shumake

Timmons Tysinger

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 346.

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

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.

The House amendment to the Senate amendment was as follows:

Amend the Senate amendment to HB 814 as follows: Strike from line 10 of page 2 the following: "December 31, 1993" and insert in lieu thereof the following: "July 4,1996, and the order shall require that person to make his best efforts to achieve compliance with the discharge limitation by December 31, 1993".

Senator Baldwin of the 29th moved that the Senate agree to the House amendment to the Senate amendment to HB 814.

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

TUESDAY, MARCH 12, 1991

1911

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Brun Burton XT
DCaowlkhinTs
Dean Echols Edge Egan English Foster Garner

Gillis Hammill Harris Hasty Henson Hill
Hooks
JHouhgngsionns Kidd Langford Marable Moye Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson
Scott
SStteairnrberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Ramsey

Shumake

Walker of 22nd

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 814.

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 781. By Representatives Aiken of the 21st, Atkins of the 21st, Coker of the 21st, Clark of the 20th, Post 3, Wilder of the 21st and others:
A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

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.
The House has disagreed to the Senate amendment to the following bill 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.

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JOURNAL OF THE SENATE

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

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 House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

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.

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

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.
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 Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols 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

TUESDAY, MARCH 12, 1991

1913

Taylor Thompson Timmons

Turner Tysinger Walker of 22nd

Walker of 43rd White

Those not voting were Senators:

Baldwin Bowen

Edge Garner

Langford Shumake

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

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

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.
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 Baldwin Bishop Broun Burton
C,yman
Dan Echols Edge Egan English Foster Garner Gillis

Hammill Harris Hasty Henson Hiu Hooks
JHouhgngsionns
Kidd Langford Marable Mye Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson
SSctaortrt
Steinberg Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Dawkins Deal

Ramsey Shumake

Tate Timmons

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

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JOURNAL OF THE SENATE

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 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.
Senator Newbill of the 56th moved that the Senate insist upon the Senate amendment to HB 769.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 769.
The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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. Senate Sponsor: Senator Thompson of the 33rd.
The Senate Committee on Judiciary offered the following substitute to HB 366:
A BILL To be entitled an Act 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; to provide for legislative intent; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicides, is amended by adding at the end thereof a new Code section to read as follows:
"16-5-4. In order to be a homicide punishable under this article, death need not have occurred within a year and a day from the date of the injury alleged to have caused such death."
Section 2. It is the intent of this Act to make statutory the ruling of the Supreme Court of Georgia that the year and a day rule referred to herein is not the law of Georgia.
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:

TUESDAY, MARCH 12, 1991

1915

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton C lav Coleman CDoalwliknisns
Deal
Dean
Echols Egan
English Foster Gillis

Hammill Harris Hasty Henson Hm Hooks Muggins Johnson KMiadrdable
Moye
Newbill
Olmstead Perdue
Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Shumake ot cSlteamrl"buerg
late
Tavlor
Thompson Timmons
Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Edge

Garner Langford

Turner 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 by substitute.

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".
Senate Sponsor: Senator English of the 21st.
The Senate Committee on Agriculture offered the following substitute to HB 175:
A BILL To be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to create a new Article 29 to be entitled the "Farm Tractor Warranty Act"; to provide a short title; to provide for defini tions; to provide for notice to the consumer; to provide a form for the notice; to provide for the manufacturer's duty to repair; to provide for the manufacturer's duty to refund the purchase price or replace the farm tractor; to provide for extension of warranties; to provide for alternative dispute settlement proceedings; to provide procedures for alternative dispute settlement proceedings; to provide for affirmative defenses; to provide for limitation on ac tions; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Article 29 to read as follows:
"ARTICLE 29 10-1-810. This article shall be known and may be cited as the 'Farm Tractor Warranty Act.' 10-1-811. As used in this article, the term: (1) 'Consumer' means a purchaser, other than for purposes of resale, of a new farm

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JOURNAL OF THE SENATE

tractor, a person to whom the new farm tractor is transferred for the same purposes during the duration of an express warranty applicable to the farm tractor, and any other person entitled by the terms of the warranty to enforce the terms of the warranty. In the case of an agricultural vehicle within the warranty period, the sale must be made through an author ized farm tractor dealer.

(2) 'Farm tractor' means any self-propelled vehicle which is designed primarily for pull ing or propelling agricultural machinery and implements and is used principally in the occu pation or business of farming, including an implement of husbandry that is self-propelled excluding forestry equipment.

(3) 'Manufacturer' means a person engaged in the business of manufacturing, assem bling, or distributing farm tractors who, under normal business conditions during the year, manufactures, assembles, or distributes to dealers at least ten new farm tractors.

(4) 'Manufacturer's express warranty' or 'warranty' means the written warranty of the manufacturer of a new farm tractor of its condition and fitness for use, including any terms or conditions precedent to the enforcement of obligations under that warranty.

(5) 'Nonconformity' means any condition of the farm tractor that makes it impossible to use for the purpose for which it was designed or manufactured.

(6) 'Reasonable allowance for prior use' means the number of field hours performed by the farm equipment, divided by eight field hours per day, multiplied by 50 percent of the daily reasonable rental rate, referenced by model, in the most current North American Equipment Dealers Association Official Guide.

10-1-812. The manufacturer must supply to the dealer and the dealer must present directly to the consumer at the time of purchase a written notice stating, in ten-point all capital type, in substantially the following form:

'This equipment is subject to Article 29 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, entitled the "Farm Tractor Warranty Act." To be entitled to a refund or replacement, you must first notify the manufacturer or its agent and the authorized dealer which was a party to the sale of the problem in writing and give them an opportunity to repair the equipment.

Manufacturer

Agent

Dealer

Name Address Telephone
number

Name Address Telephone
number

Name Address Telephone
number

10-1-813. If the farm tractor does not conform to applicable express written warranties and the consumer reports the nonconformity to the manufacturer and its authorized dealer within 18 months of the date of the original delivery of the farm tractor to the consumer the manufacturer or its authorized dealers shall make the repairs necessary to make the farm tractor conform to the express written warranties, notwithstanding that the repairs are made after the expiration of the warranty term or the 18 month period.

10-1-814. (a) If the manufacturer or its authorized dealers are unable to make the farm tractor conform to any applicable express written warranty by repairing or correcting any condition which substantially impairs the use or market value of the farm tractor to the consumer within the time periods and after the number of attempts specified in subsection (c) of this Code section, the manufacturer, through its authorized dealer who sold the farm tractor, shall, at the option of the consumer, replace the farm tractor with a comparable farm tractor, charging the consumer only a reasonable allowance for the consumer's use of the farm tractor, or accept the return of the farm tractor from the consumer and refund to the consumer the cash purchase price, including sales tax, license fees, registration fees, and any similar governmental charges, less a reasonable allowance for prior use. Refunds shall be made to the consumer and lienholder, if any, as their interests may appear in the county

TUESDAY, MARCH 12, 1991

1917

superior court clerk's office. If no replacement or refund is made, the consumer may bring a civil action against the manufacturer to enforce the obligation. No action may be brought unless the manufacturer has received prior direct written notification from or on behalf of the consumer and has been offered the opportunities, as set forth in subsection (c) of this Code section, to cure the condition alleged within a reasonable time that is not to exceed 30 business days.
(b) No dealer or distributor shall be held liable by the manufacturer or by the consumer for any collateral charges, damages, costs, purchase price refunds, or replacements, and manufacturers and consumers shall not have a cause of action against a dealer or distributor.
(c) The replacement or refund obligation specified in subsection (a) of this Code section shall arise if the manufacturer or its authorized dealers are unable to make the farm tractor conform to applicable express written warranties within 18 months of the original physical delivery of the farm tractor to the consumer and the same nonconformity has been subject to repair four or more times by the manufacturer or its authorized dealers, but such noncon formity continues to exist or the farm tractor is out of service by reason of repair of the same nonconformity for a cumulative total of 30 or more business days when the service department of the authorized dealer in possession of the farm tractor is open for purposes of repair, provided that days when the consumer has been provided by the manufacturer or its authorized dealers with the use of another farm tractor which performs the same function shall not be counted.
10-1-815. The 18 month period and the 30 day repair period shall be extended by any period of time during which repair services or replacement parts are not available to the consumer because of a war, invasion, strike, fire, flood, or other natural disaster.
10-1-816. (a) If a manufacturer has established, or participates in, an informal dispute settlement procedure which substantially complies with the provisions of the Code of Fed eral Regulations, Title 16, Part 703, as amended, and the requirements of this Code section, the provisions of Code Section 10-1-814 concerning refunds or replacement do not apply to a consumer who has not first used this procedure.
(b) The findings and decisions in an informal dispute settlement procedure shall ad dress and state in writing whether the consumer would be entitled to a refund or replace ment under the presumptions and criteria set out in Code Section 10-1-814, and are admis sible as nonbinding evidence in any legal action and are not subject to further evidentiary foundation requirements.
(c) If, in an informal dispute settlement procedure, it is decided that a consumer is entitled to a replacement farm tractor under Code Section 10-1-814, then the consumer has the option of selecting and receiving either the replacement farm tractor or a full refund as authorized by Code Section 10-1-814. Any refund selected by a consumer shall include all amounts authorized by Code Section 10-1-814.
(d) (1) In any informal dispute settlement procedure provided for by this Code section:
(A) No documents shall be received by any informal dispute settlement panel unless those documents have been provided to each of the parties in the dispute prior to the panel's meeting, with an opportunity for the parties to comment on the documents in writ ing, or with oral presentation at the request of the panel;
(B) Nonvoting manufacturer or dealer representatives shall not attend or participate in the internal dispute settlement procedures unless the consumer is also present and given a chance to be heard, or unless the consumer previously consents to the manufacturer or dealer participation without the consumer's presence and participation;
(C) Consumers shall be given an adequate opportunity to contest a manufacturer's as sertion that a nonconformity falls within intended specifications for the farm tractor by having the basis of the manufacturer's claim appraised by a technical expert selected and paid for by the consumer prior to the informal dispute settlement hearing;

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(D) No disputes shall be heard where there has been a recent attempt by the manufac turer to repair a consumer's farm tractor, but no response has yet been received by the informal dispute panel from the consumer as to whether the repairs were successfully com pleted. This provision shall not prejudice a consumer's rights under this Code section nor shall it extend the informal dispute panel's 40 day time limit for deciding disputes, as estab lished by the Code of Federal Regulations, Title 16, Part 703; and
(E) The manufacturer shall provide and the informal dispute settlement panel shall consider all information relevant to resolving the dispute, such as the prior dispute records and information required by the Code of Federal Regulations, Title 16, Part 703.6, and any relevant technical service bulletins which may have been issued by the manufacturer or lessor regarding the farm tractor being disputed.
(2) A settlement reached under this Code section is binding on all participating parties.
(e) No consumer shall be required to participate in an informal dispute settlement pro cedure before filing an action in court if the informal dispute settlement procedure does not comply with the requirements of this Code section, notwithstanding the procedure's compli ance with the Code of Federal Regulations, Title 16, Part 703.
(f) Any consumer injured by a violation of this Code section may bring a civil action to enforce this Code section and recover costs and disbursements, including reasonable attor ney's fees.
10-1-817. It shall be an affirmative defense to claims under this article that:
(1) An alleged nonconformity does not substantially impair such use and market value; or
(2) A nonconformity is the result of abuse or neglect, or of modifications or alterations of the farm tractor not authorized by the manufacturer.
10-1-818. Any action brought under this article shall be commenced within 12 months following the 18 month period.
10-1-819. Nothing in this article limits the rights or remedies which are otherwise avail able to a consumer under any other provisions of law."
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 175 offered by the Senate Committee on Agriculture by removing the period (.) on line 14 of page 2, and by adding the words:
"and equipment designed primarily for construction purposes".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin

Bishop Broun Burton

Clay Coleman Collins

TUESDAY, MARCH 12, 1991

1919

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 Stair Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Dawkins

Deal (excused conferee) Garner (excused conferee)

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.

Senator Deal of the 49th, President Pro Tempore, assumed the Chair.

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

HB 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.

Senator Starr of the 44th moved that the Senate insist upon the Senate substitute to HB 210.

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 210.

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

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 House substitute to SB 312 was as follows:

A BILL To be entitled an Act to amend Article 4 of Chapter 5 of Title 40 of the Official Code of

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JOURNAL OF THE SENATE

Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive 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; to authorize the Department of Corrections to operate DUI alcohol or drug use risk reduction programs in certain facilities; to exempt such programs operated by the Department of Corrections from the rebate of certain fees to the state; 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 shall be imprisoned for a period of not less than one year nor more than five years; to provide for a fine; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to restoration of drivers' licenses after completion of defensive driving course or alcohol and drug program, is amended by adding a new subsection (e) to Code Section 40-582, relating to administration of defensive driving courses and DUI alcohol or drug use risk reduction programs, to read as follows:
"(e) The Department of Human Resources shall conduct a records check for any appli cant for certification as an operator or instructor of a DUI alcohol or drug use risk reduction program. Each applicant shall submit two sets of classifiable fingerprints to the department. The department shall transmit both sets of fingerprints to the Georgia Crime Information Center, which shall submit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain one set and promptly conduct a search of state records. After receiving the report from the Georgia Crime Infor mation Center and the Federal Bureau of Investigation, the department shall determine whether the applicant may be certified. No applicant shall be certified who has previously been convicted of a felony. The department shall promulgate rules and regulations regard ing certification requirements, including restrictions regarding misdemeanor convictions."
Section 2. Said article is further amended by striking subsection (e) of Code Section 405-83, relating to establishment and approval of driver improvement clinics and DUI risk reduction programs, in its entirety and inserting in lieu thereof a new subsection (e) to read as follows:
"(e) The Department of Human Resources is designated as the agency responsible for establishing criteria for the approval of DUI alcohol or drug use risk reduction programs. An applicant must meet the certification criteria promulgated by the Department of Human Resources through its standards and may provide the following combination of services: (1) the assessment and education/intervention components; (2) the assessment, education/inter vention, and intensive intervention components; or (3) the intensive intervention component only, provided that no DUI alcohol or drug use risk reduction program may offer the assess ment component alone or the education/intervention component alone. The Department of Human Resources is designated as the agency responsible for establishing rules and regula tions concerning the contents and duration of the components of DUI alcohol or drug use risk reduction programs, qualifications of instructors, certification fees, attendance require ments for students, examinations, and program evaluations. Approved DUI alcohol or drug use risk reduction programs shall charge a fee of $45.00 for the assessment component, $60.00 for the education/intervention component, $100.00 for the intensive intervention component, and an additional fee to be set by the Department of Human Resources for required student program materials. No DUI alcohol or drug use risk reduction program shall be approved unless such clinic agrees in writing to submit reports as required in the rules and regulations of the Department of Human Resources and to allow the examination and audit of the books, records, and financial statements of such DUI alcohol or drug use risk reduction program by the Department of Human Resources or its authorized agent. DUI alcohol or drug use risk reduction programs may be operated by any public, private, or governmental entity; provided, however, that, except as otherwise provided in this subsec-

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tion, in any political subdivision in which a DUI alcohol or drug use risk reduction program is operated by a private entity, whether for profit or nonprofit, neither the local county board of health nor any other governmental entity shall fund any new programs in that area. Programs currently in existence which are operated by local county boards of health or any other governmental entities shall be authorized to continue operation. New programs may be started in areas where no private DUI alcohol or drug use risk reduction programs have been made available to said community. The Department of Corrections is authorized to operate DUI alcohol or drug use risk reduction programs in its facilities where offenders are not authorized to participate in such programs in the community, provided that such programs meet the certification criteria promulgated by the Department of Human Re sources. All such programs operated by the Department of Corrections shall be exempt from all fee provisions established in this subsection specifically including the rebate of any fee for the costs of administration. No DUI alcohol or drug use risk reduction program which delivers the assessment component or the intensive intervention component will be ap proved unless such clinic agrees in writing to rebate to the state, for the costs of administra tion, a fee, for each offender assessed or each offender participating in intensive interven tion, of $7.00, provided that nothing in this Code section shall be construed so as to allow the Department of Human Resources to retain any funds required by the Constitution of Georgia to be paid into the state treasury; and provided, further, that the Department of Human Resources shall comply with all provisions of Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' except Code Section 45-12-92, prior to expending any such mis cellaneous funds."
Section 3. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding a new Code section immediately following Code Section 40-6-391.1 to read as follows:
"40-6-391.2. A school bus driver licensed pursuant to Article 7 of Chapter 5 of this title shall upon a conviction of a violation of Code Section 40-6-391 while driving a school bus be punished by imprisonment for a period of not less than one year nor more than five years or by a fine of not less than $1,000.00 nor more than $5,000.00, or both."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Baldwin of the 29th moved that the Senate agree to the House substitute to SB 312.

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

Those voting in the affirmative were Senators:

Baldwin Bishop Clay Coleman

Gillis Hammill Harris Hasty

Egan English Garner

Hil1 Hooks Johnson Langford Newbill

Olmstead Ragan of 10th Ragan of 32nd Ray
SStteamr. rberg Thompson Timmons Tysinger

Those voting in the negative were Senators:

Albert Alien Broun Burton Collins

Dawkins Foster Henson Huggins Kidd

Marable Moye Perry Phillips Ramsey

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Scott Shumake

Tate Taylor

Walker of 43rd White

Those not voting were Senators:

Bowen Deal (presiding) Perdue

Pollard Robinson

Turner Walker of 22nd

On the motion, the yeas were 28, nays 21; the motion was lost, and the Senate did not agree to the House substitute to SB 312.

Senator Baldwin of the 29th moved that the Senate reconsider its action in defeating the motion offered by Senator Baldwin of the 29th to agree to the House substitute to SB 312.

On the motion, the yeas were 35, nays 3; the motion prevailed, and the Senate reconsid ered the motion offered by Senator Baldwin of the 29th.

Senator Baldwin of the 29th moved that the Senate agree to the House substitute to SB 312.

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

Those voting in the affirmative were Senators:

Baldwin Bishop Broun Clay Coleman Dean Echols Edge Egan English Foster Garner Gillis

Hammill Harris Hasty Hill Hooks Huggins Johnson Langford Marable Olmstead Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Start Steinberg Tate Taylor Turner Tysinger Walker of 43rd

Those voting in the negative were Senators:

Albert
Alien Burton Collins

Dawkins
Henson Moye Newbill

Phillips Shumake White

Those not voting were Senators:

Bowen Deal (presiding)

Kidd Thompson

Timmons Walker of 22nd

On the motion, the yeas were 39, nays 11; the motion prevailed, and the Senate agreed to the House substitute to SB 312.

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1923

The following message was received form the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 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 House has passed by the requisite constitutional majority the following bills of the House:
HB 916. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
HB 971. By Representative Dixon of the 151st: A bill to amend an Act incorporating the City of Kingsland, so as to change the mandatory provision of having a city manager employed by the City of Kingsland.
HB 973. By Representative Dixon of the 151st: A bill to amend an Act creating the Camden County Public Service Authority, so as to delete a provision relating to the power of the authority to undertake cer tain projects, services, or facilities.
HB 1026. By Representative Smith of the 152nd: A bill to revise and reenact the law creating a Board of Commissioners of Bacon County.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 272. By Senators Gillis of the 20th, Robinson of the 16th and Hooks of the 14th: 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 following bills of the House were read the first time and referred to committee:
HB 781. By Representatives Aiken of the 21st, Atkins of the 21st, Coker of the 21st and others: A bill to amend an Act reincorporating the City of Marietta, so as to change the corporate limits of the city.
Referred to Committee on Urban and County Affairs.

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HB 916. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to amend an Act incorporating the City of Kingsland, so as to change the corporate limits of such municipality.
Referred to Committee on Urban and County Affairs.
HB 971. By Representative Dixon of the 151st: A bill to amend an Act incorporating the City of Kingsland, so as to change the mandatory provision of having a city manager employed by the City of Kingsland.
Referred to Committee on Urban and County Affairs.
HB 973. By Representative Dixon of the 151st: A bill to amend an Act creating the Camden County Public Service Authority, so as to delete a provision relating to the power of the authority to undertake cer tain projects, services, or facilities.
Referred to Committee on Urban and County Affairs.
HB 1026. By Representative Smith of the 152nd: A bill to revise and reenact the law creating a Board of Commissioners of Bacon County.
Referred to Committee on Urban and County Affairs.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 97 was as follows:
A BILL
To be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to enact the "Environmental Policy Act"; to provide for a short title; to provide for findings; to provide for definitions; to pro vide for the disclosure of the environmental effects of proposed state projects; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by adding at the end thereof a new Chapter 16 to read as follows:
"CHAPTER 16
12-16-1. This chapter shall be known and may be cited as the 'Environmental Policy Act.'
12-16-2. The General Assembly finds that:
(1) The protection and preservation of Georgia's diverse environment is necessary for the maintenance of the public health and welfare and the continued viability of the econ omy of the state and is a matter of the highest public priority;

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(2) State agencies should conduct their affairs with an awareness that they are stewards of the air, land, water, plants, animals, and environmental, historical, and cultural resources;
(3) Environmental evaluations should be a part of the decision-making processes of the state; and
(4) Environmental effects reports can facilitate the fullest practicable provision of timely public information, understanding, and participation in the decision-making processes of the state.
12-16-3. As used in this chapter, the term:
(1) 'A proposed governmental action which may significantly adversely affect the qual ity of the environment' means a project proposed to be undertaken by a government agency or agencies, for which it is probable to expect a significant adverse impact on the natural environment, including the state's air, land, water, plants, animals, historical sites or build ings, or cultural resources. Such actions shall not include: (A) emergency measures under taken in response to an immediate threat to public health or safety; or (B) activities in which government agency participation is ministerial in nature, involving no exercise of dis cretion on the part of the government agency.
(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) 'Environmental effects report' means a report on a proposed governmental action which may significantly adversely affect the quality of the environment.
(5) 'Government agency* means any department, board, bureau, commission, authority, or other agency of the state.
(6) 'Land-disturbing activity' means scraping, plowing, clearing, dredging, grading, ex cavating, transporting, or filling of land or placement of any structure or impervious surface, dam, obstruction, or deposit or placement of or alteration to any structure on or eligible for the Georgia Register of Historic Places; provided, however, that agricultural practices in volving the establishment, cultivation, or harvesting of products of the field or orchard; the preparation and planting of pasture land; farm ponds; dairy operations; livestock and poul try management practices; and forestry land management practices, including harvesting of less than five acres of trees over two inches in diameter at breast height, are excluded from the definition of land-disturbing activity.
(7) 'Proposed governmental action' means any proposed land-disturbing activity by a government agency or funded by a grant from a government agency, any proposed sale or exchange of more than five acres of state owned land, or any proposed harvesting of five acres or more of trees over two inches in diameter at breast height, but the term proposed governmental action does not include, among other things, the following:
(A) Any action or undertaking of a nongovernmental entity, even if that action or un dertaking requires a permit, license, or other approval by a government agency;
(B) Any action or undertaking of a municipality, a county, or an authority of a munici pality or county, unless more than 50 percent of the total cost is funded by a grant of a government agency or a grant of more than $250,000.00 is made by a government agency;
(C) The permitting or licensing by a government agency of an action or undertaking;
(D) The promulgation and implementation of rules and regulations by a government agency;
(E) The sale of bonds by a government agency or any program of loans funded by the sale of bonds by a government agency; or
(F) Litigation decisions made by a government agency.

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(8) 'Responsible official' means the official or body in charge of or authorized to act on behalf of a government agency.
12-16-4. (a) The responsible official of the government agency shall determine if a pro posed governmental action is a proposed governmental action which may significantly ad versely affect the quality of the environment. If the responsible official determines that the proposed governmental action is a proposed governmental action which may significantly adversely affect the quality of the environment, the government agency responsible for such project shall prepare an environmental effects report including, but not limited to, a discus sion of:
(1) The environmental impact of the proposed governmental action;
(2) Alternatives to the proposed governmental action, including no action;
(3) Any adverse environmental effects which cannot be avoided if the proposed govern mental action is undertaken;
(4) Mitigation measures proposed to avoid or minimize the adverse impact of the pro posed governmental action;
(5) The relationship between the value of the short-term uses of the environment in volved in the proposed governmental action and the maintenance and enhancement of its long-term value;
(6) The effect of the proposed governmental action on the quality and quantity of water supply;
(7) The effect of the proposed governmental action on energy use or energy production; and
(8) Any beneficial aspects of the proposed governmental action, both short-term and long-term, and its economic advantages and disadvantages.
(b) Prior to the issuance of the environmental effects report, the responsible official should consult with and obtain the comments of any agency which has jurisdiction by law, special expertise, or other interest with respect to any environmental impact or resource.
(c) At least 45 days prior to making a decision as to whether to proceed with a proposed governmental action which may significantly adversely affect the quality of the environ ment, the responsible official shall publish in the legal organ of each county in which the proposed governmental action or any part thereof is to occur notice that an environmental effects report has been prepared. The responsible official shall provide a copy of the envi ronmental effects report and all other comments to the director. The responsible official shall also make the environmental effects report available to the public and to counties, muncipalities, institutions, and individuals, upon request.
12-16-5. (a) If the responsible official receives, within 30 days of the publication of the notice in the legal organ of an affected county or counties, requests in writing for a public hearing from at least 100 persons who are residents of the State of Georgia, a public hearing shall be held by the responsible official or his designee in each county where the proposed governmental action for which an environmental effects report has been prepared or any part thereof is to take place. The responsible official or his designee may, in the sole discre tion of the responsible official, hold a public hearing in each such county at any time after 30 days from the date of publication of the notice has elapsed even if less than 100 requests are received in writing from residents of the State of Georgia but only one public hearing in a county shall be required regardless of whether it is a mandatory or discretionary hearing.
(b) The responsible official shall consider all comments received either in writing or during the public hearing or hearings, if held. After considering these comments, the respon sible official shall decide whether to proceed with the proposed governmental action as origi nally proposed, whether to proceed with changes, or whether not to proceed. Notice of the decision of the responsible official shall be given in writing to the director and published in

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the legal organ of each county in which the proposed governmental action or any part thereof is to occur.
(c) The decision of the responsible official to proceed with the proposed governmental action shall not create a cause of action in any person, corporation, association, county, or municipal corporation; provided, however, the actions of the responsible official in the pro cedure of giving notice by publication of the environmental effects report and notice by publication of the decision made based upon the report and public comments, if any, may be challenged pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the responsible official acts on behalf of a government agency which is subject to that act or by mandamus otherwise; but any such challenge must be commenced within 30 days after the date notice of the responsible official's decision made pursuant to subsection (b) of this Code section is first published in a legal organ of any affected county or counties.
12-16-6. All government agencies shall review their present statutory authority, admin istrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit or hinder full compliance with the intent, purposes, and provisions of this chapter, including the guide lines issued pursuant to Code Section 12-16-8, and shall propose to the Governor not later than January 1, 1992, such measures as may be necessary to bring their authority, regula tions, policies, and procedures into conformity with the intent, purposes, and procedures set forth in this chapter.
12-16-7. Nothing in this chapter shall in any way affect or detract from specific statu tory obligations of any government agency to comply with criteria or standards of environ mental quality or to perform other statutory obligations imposed upon it, except those spec ified in Code Section 12-16-6; to coordinate or consult with any other government agency or federal agency; or to act, or refrain from acting, contingent upon the recommendations or certification of any other government agency or federal agency. A government agency shall be deemed to have complied with the requirements of this chapter for a proposed govern mental action that requires and has received federal approval of an environmental docu ment prepared in accordance with the National Environmental Policy Act of 1969, as amended, and its implementing regulations.
12-16-8. Prior to July 1, 1991, the director shall issue guidelines to assist government agencies in the preparation of environmental effects reports in accordance with this chapter, including, but not limited to, provisions for:
(1) Criteria for determining if a proposed governmental action may significantly ad versely affect the quality of the environment;
(2) Comment upon the proposed governmental action by public and private organiza tions and individuals;
(3) The possibility of the preparation of single-program environmental effects reports if a series of governmental actions taken individually are of minimal adverse significance on the environment but the cumulative effect of the proposed government actions on the envi ronment is significantly adverse or if a series of proposed government actions are related either geographically or as logical parts in a chain of contemplated actions; and
(4) The possibility of the preparation of modified environmental effects reports on re maining decisions significantly adversely affecting the quality of the environment that are parts of actions begun before but not completed before July 1, 1991."
Section 2. For the purposes of the issuance of guidelines pursuant to the provisions of quoted Code Section 12-16-8 of Section 1 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. This Act shall become effective for all purposes on July 1, 1991.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 97.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton
Ckoyeman
rDD?aewanlkni.sns Echols gdge Egan English Foster Garner

Gillis Hammill Harris Hasty Henson Hill
HHuogogkisng
JTLoahnngsf.oonrd, Marable Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
SSctaortrt
S,,Ttaetienberg Taylor Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Deal (presiding) Kidd

Moye Shumake

Thompson Walker of 22nd

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 97.

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

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.
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 Bishop Broun Burton Clay Coleman Collins

Dawkins Dean Echols Edge Egan English Garner Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins Johnson

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1929

Langford Marable
Olmstead Perdue Perry
Phillips Pollard

Ragan of 10th Ragan of 32nd
Ramsey Ray Robinson
Scott Steinberg

Tate Taylor
Timmons Turner Tysinger
Walker of 43rd White

Those not voting were Senators:

Baldwin Bowen
Deal (presiding) Foster

Kidd Moye
Newbill Shumake

Starr Thompson 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 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.
Senate Sponsor: Senator Edge of the 28th.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 889 by adding after the semicolon on line 12 of page 1 the following:
"to permit psychologists to perform certain acts which physicians may perform in the examination, evaluation, admission, treatment, habilitation, detention, and discharge of and other functions relating to mentally ill, mentally retarded, and alcoholic and drug depen dent persons; to provide that certain provisions of said title are not mandatory but are discretionary; to change the provisions regarding discharge of patients; to change certain provisions relating to emergency treatment; to provide patients and clients with the ability to secure the services of a private psychologist; to change the composition and quorum re quirements of certain committees; to provide for the release of certain records to pshychologists; to provide for the scope of priviledged communications with physicians and psycholo gists; to provide a definition of psychologist and provide for statutory construction; to provide for immunity from liability of psychologists;".
By adding following Section 5 the following:
"Section 6. Said title is further amended by adding after paragraph (6) of Code Section 37-1-1, relating to definitions used in said title, a new paragraph to read as follows:
'(6.1) "Psychologist" means any person authorized under the laws of this state to prac tice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.'
Section 7. Said title is further amended by adding after Code Section 37-1-23 a new Code section to read as follows:
'37-1-24. No provision in this title shall require the department or any facility or private facility or any community mental health center to utilize a physician in lieu of a psycholo gist or a psychologist in lieu of a physician in performing functions under this title even though this title authorizes either a physician or a psychologist to perform the function.'

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Section 8. Said title is further amended by adding after paragraph (14) of Code Section 37-3-1, relating to definitions regarding mental health, a new paragraph to read as follows:
'(14.1) "Psychologist" means any person authorized under the laws of this state to prac tice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.'
Section 9. Said title is further amended by striking subsection (a) of Code Section 37-322, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows:
'(a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-3-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereto, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, exclud ing Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-3-41, Code Section 37-3-61, or Code Section 37-3-81.'
Section 10. Said title is further amended by striking Code Section 37-3-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:
'37-3-24. Any involuntary patient may apply to be transferred to voluntary status of hospitilization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to volun tary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given: to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsec tion (a) of Code Section 37-3-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notifi cation, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under crim inal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the patient. Such agency shall assume such custody within five days after the mailing of notification to the agency pursuant to this Code section.'
Section 11. Said title is further amended by striking subsection (c) of Code Section 373-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new subsection (c) to read as follows:
'(c) Notice of any proposed discharge shall be given to the patient and his representa tives; if the patient was admitted to the facility under subsection (a) of Code Section 37-341, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-3-41, to the court which issued the

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order; and, if the patient was under criminal charges, written notice of which had been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient.'
Section 12. Said title is further amended by striking Code Section 37-3-61, relating to petitions for court ordered evaluation, and inserting in its place a new Code section to read as follows:
'37-3-61. Proceedings for a court ordered evaluation may be initiated in the following manner:
(1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who is alleged by such application to be a mentally ill person requiring involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and
(2) Any person may file with the court a petition executed under oath alleging that a person within the county is a mentally ill person requiring involuntary treatment. The peti tion must be accompanied by the certificate of a physician or psychologist stating that he has examined the patient within the preceding five days and has found that the patient may be a mentally ill person requiring involuntary treatment and that a full evaluation of the patient is necessary.'
Section 13. Said title is further amended by striking Code Section 37-3-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
'37-3-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-3-43, 37-3-63, or subparagraph (a) (3) (B) of Code Section 37-3-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not a mentally ill person requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90, in which event a patient meeting those outpatient treatment re quirements shall be discharged under the conditions provided in Code Section 37-3-91 but, in any event, upon the expiration of the five-day evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary patient under Code Section 37-3-20; or
(B) The patient is admitted for involuntary inpatient treatment under Code Section 373-81; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-3-95 shall apply.
(b) If hospitilization appears desirable, the staff physicians of the evaluating facility shall encourage the patient to apply for voluntary hospitilization unless the attending physi cian finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitilization would be harmful to the patient, or that the patient is deter mined to be a mentally ill person in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-3-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized service plan be developed for that patient during the five-day period that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the

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person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-3-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-3-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-362, to the court that ordered the evaluation.'
Section 14. Said title is further amended by striking subsection (a) of Code Section 373-81, relating to the procedure for the detention of mentally ill patients beyond the evalua tion period, and inserting in its place a new subsection to read as follows:
'(a) The patient may be detained at a facility beyond the evaluation period unless vol untary hospitalization is sought under subparagraph (a) (1) (A) of Code Section 37-3-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is sup ported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is a mentally ill person requiring involuntary treatment but who does not meet the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certifi cate. The certificate shall be filed along with a petition for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provisions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Saturdays, Sundays, and holidays excluded, after the patient is admitted to a facility for evaluation under Code Section 37-3-63. Such filing shall authorize detention of the patient by the facility pending completion of a full and fair hear ing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the patient has a right to counsel, that the patient or his representa tives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel;
(3) A copy of the individualized service plan developed by the facility under this chap ter shall be sent to the patient and shall be sent to the patient's representative if requested by such representative. Notice of the right to receive such plan shall be given to the repre sentatives at the time the service plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested service plan for the patient which conforms with the requirements of paragraph (9) of Code Section 37-3-1; and
(5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.'
Section 15. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-3-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows:
'(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized service plan required to be prepared under subsection (c) of Code Section 37-3-64 or subsection (b) of Code Section 37-3-91 or the individualized service plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to minimize the

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likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the likelihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;'
Section 16. Said title is further amended by striking subsections (a) and (b) of Code Section 37-3-82 relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place new subsections to read as follows:
'(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the physician or psychologist in charge of the patient's outpatient service plan determines that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient, then that physician or psychologist may execute a certificate under the conditions specified in subsection (a) of Code Section 37-3-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-3-41.
(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-3-91, the patient fails without good cause or refuses to comply with the outpa tient service plan, the physician or psychologist in charge of the outpatient service plan or that physician's designee may petition the court originally approving the involuntary treat ment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and imme diately deliver the patient to the community mental health center in charge of the patient's outpatient service plan, if a physician is available there to examine the patient, or to the nearest emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medical practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the exam ining physician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. The physician or a psychologist may then execute a certificate under the conditions specified therefor in subsection (a) of Code Section 37-3-41, if the examination is done in a community mental health center. A physician may execute a certificate under the conditions specified therefor in Code Section 37-3-43, if the examination is done in an emergency re ceiving facility. That certificate shall have the same duration and effect as a certificate is sued pursuant to subsection (a) of Code Section 37-3-41 or Code Section 37-3-43, as applicable.'
Section 17. Said title is further amended by striking subsections (c) and (e) of Code Section 37-3-83, relating to the procedure for continued involuntary hospitalization of men tally ill persons, and inserting in their respective places new subsections to read as follows:
'(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than five persons of professional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meetings with a quorum of any three members at least one of whom shall be a physician. The func tion of this committee shall be to review and evaluate the updated individualized service plan of each patient of the hospital and to report to the chief medical officer its recommen dations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such indi vidual's case.'
'(e) Within ten days of the date of the notice, the committee shall meet to consider the

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matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individu alized service plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The attending physician or psychologist proposing the treatment plan shall present an updated individualized service plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the physician or psychologist proposing the treatment plan or a mem ber of the committee, its written recommendations along with any minority recommenda tions which may also be submitted. Such report will specify whether or not the patient is a mentally ill person requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available."
Section 18. Said title is further amended by striking subsection (b) of Code Section 373-93, relating to court orders for outpatient treatment, and inserting in its place a new sub section to read as follows:
'(b) If it is necessary to continue available outpatient treatment beyond the period au thorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expira tion of that period the physician or psychologist responsible for that treatment, or the per son responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized service plan:
(2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-3-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-383 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-3-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's represent atives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel.'
Section 19. Said title is further amended by striking subsection (b) of Code Section 373-94, relating to reviews of individual service plans, and inserting in its place a new subsec tion to read as follows:
'(b) Any time a patient is found by the physician or psychologist in charge of the pa tient's outpatient treatment no longer to be a mentally ill person requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compli ance with the treatment.'
Section 20. Said title is further amended by striking Code Section 37-3-162, relating to rights of patients to suitable treatment, and inserting in its place a new Code section to read as follows:
'37-3-162. (a) Each patient in a facility and each person receiving services for mental illness shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dignity and personal integrity.
(b) Each patient shall have the right to participate in his care and treatment. The

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board shall issue regulations to ensure that each patient participates in his care and treat ment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician to be detrimental to the physical or mental health of the patient, and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient, or, if applicable, his guardian having capacity to give such consent. If such consent is given by someone other than the patient or such guardian, court approval must be ob tained after a full and fair hearing.
(d) If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.'
Section 21. Said title is further amended by striking paragraphs (1) and (6) of subsec tion (a) of Code Section 37-3-166, relating to the maintenance, confidentiality, and release of clinical records of mentally ill persons, and inserting in their respective places new paragraphs to read as follows:
'(1) When the chief medical officer of the facility where the record is kept deems it essential for continued treatment, the record or parts thereof may be released to physicians or psychologists when and as necessary for the treatment of the patient;'
'(6) In a bona fide medical emergency, as determined by a physician treating the pa tient, the chief medical officer may release the patient's record to the treating physician or to the patient's psychologist;'
Section 22: Said title is further amended by striking from said Code Section 37-3-166 subsections (b) and (c) thereof and inserting in their respective places new subsections to read as follows:
'(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40 or 43-39-16.'
Section 23. Said title is further amended by striking Code Section 37-3-168, relating to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows:
'37-3-168. The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to

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the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization.'
Section 24. Said title is further amended by striking Code Section 37-4-6, relating to immunity of certain persons for actions taken in compliance with Chapter 4 of Title 37, and inserting in its place a new Code section to read as follows:
'37-4-6. Any physician, psychologist, peace officer, attorney, or health official or any hospital official, agent, or other person employed by a private hospital or at a facility oper ated by the state, by a political subdivision of the state, or by a hospital authority created pursuant to the "Hospital Authorities Law," Article 4 of Chapter 7 of Title 31 who acts in good faith in compliance with the admission and discharge provisions of this chapter shall be immune from civil or criminal liability for his actions in connection with the admission of a client to a facility or the discharge of a client from a facility.'
Section 25. Said title is further amended by striking subsection (d) of Code Section 374-122, relating to rights of clients to habilitation, and inserting in its place a new subsection to read as follows:
'(d) If a client admitted to a facility under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The superintendent is authorized and directed to establish regulations designed to facilitate examination and treatment which a client may request from such pri vate physician or psychologist."
Section 26. Said title is further amended by striking subsections (b) and (c) of Code Section 37-4-125, relating to confidentiality of records of mentally retarded persons, and inserting in their respective places new subsections to read as follows:
'(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the client shall be authorized to give evidence as to any matter concerning the client, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged client information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by subsec tion (a) of this Code section shall not be liable to the client or any other person, notwith standing any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16.'
Section 27. Said title is further amended by adding after paragraph (17) of Code Sec tion 37-7-1, relating to definitions regarding treatment of alcoholic or drug dependent per sons, a new paragraph to read as follows:
'(17.1) "Psychologist" means any person authorized under the laws of this state to prac tice as a licensed psychologist as set forth in paragraph (2) of Code Section 43-39-1.'
Section 28. Said title is further amended by striking subsection (a) of Code Section 377-22, relating to rights of voluntary patients to discharge, and inserting in its place a new subsection to read as follows:
'(a) A voluntary patient, other than a minor child for whom admission has been sought by his parents or guardian, who has admitted himself to a facility pursuant to subsection (a) of Code Section 37-7-20 or any voluntary patient's personal representative, legal guardian, parent, spouse, attorney, or adult next of kin may request such patient's discharge in writing at any time after his admission. If the patient was admitted on his own application and the request for discharge is made by a person other than the patient, the discharge shall be conditioned upon the agreement of the patient thereof, unless such other person is the legal guardian of the patient's person. The request for discharge may be submitted to the chief medical officer or to any staff physician or staff psychologist or staff registered nurse of the facility for transmittal to the chief medical officer. If the patient or another on his behalf makes an oral request for release to any member of the staff or other service provider, the

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patient must within 24 hours be given assistance in preparing a written request. The person to whom a written request is submitted shall deliver the request to the chief medical officer within 24 hours, Saturdays, Sundays, and legal holidays excluded. Within 72 hours, exclud ing Sundays and legal holidays, of the delivery of a written request for release to the chief medical officer, the patient must be discharged from the facility, unless the chief medical officer finds that the discharge would be unsafe for the patient or others, in which case proceedings for involuntary treatment must be initiated under either Code Section 37-7-41, Code Section 37-7-61, or Code Section 37-7-81.'
Section 29. Said title is further amended by striking Code Section 37-7-24, relating to transfers of involuntary patients to voluntary status, and inserting in its place a new Code section to read as follows:
'37-7-24. Any involuntary patient may apply to be transferred to voluntary status of hospitalization and shall be so transferred if he is able to understand and exercise the rights and powers of a voluntary patient unless the chief medical officer finds that this would not be in the best interest of the patient, which finding shall be entered in the patient's clinical record and signed by the chief medical officer. In any case in which such transfer to volun tary status occurs and in any case in which a patient transferred to voluntary status is discharged, notice of such transfer or discharge, as the case may be, shall be given to the patient and his representatives; if the patient's hospitalization was ordered by the court, to the court which entered such order; if the patient was admitted to a facility under subsec tion (a) of Code Section 37-7-41, to the physician or psychologist executing the certificate; and, if the patient was under criminal charges, of which the facility received written notifi cation, by certified mail to the law enforcement agency originally having custody of the patient. An involuntary patient transferred to voluntary status, which patient is under crim inal charges, notice of which charges have been given in writing to the facility, may only be discharged into the physical custody of the law enforcement agency originally having cus tody of the patient. Such agency shall assume such custody within five days after the mail ing of notification to the agency pursuant to this Code section.'
Section 30. Said title is further amended by striking subsection (c) of Code Section 377-43, relating to admission procedures for emergency receiving facilities, and inserting in its place a new subsection (c) to read as follows:
'(c) Notice of any proposed discharge shall be given to the patient and his representa tives; if the patient was admitted to the facility under subsection (a) of Code Section 37-741, to the physician or psychologist who executed the certificate; if the patient was admitted to the facility under subsection (b) of Code Section 37-7-41, to the court which issued the order; and if the patient was under criminal charges, written notice of which has been given to the facility, by certified mail to the law enforcement agency originally having custody of the patient.'"
Section 31. Said title is further amended by striking Code Section 37-7-61, relating to petitions for court ordered evaluation, and inserting in its place a new Code section to read as follows:
'37-7-61. Proceedings for a court ordered evaluation may be initiated in the following manner:
(1) Any person may file an application executed under oath with the county board of health for a court ordered evaluation of a person located within that county who is alleged by such application to be an alcoholic, a drug dependent individual, or a drug abuser requir ing involuntary treatment. Upon the filing of such application, the county board of health shall make a preliminary investigation and, if the investigation shows that there is probable cause to believe that such allegation is true, it shall file a petition with the court in the county where the patient is located seeking an involuntary admission for evaluation; and
(2) Any person may file with the court a petition executed under oath alleging that a person within the county is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment. The petition must be accompanied by the certificate of a

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physician or psychologist stating that he has examined the patient within the preceeding five days and has found that the patient may be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and that a full evaluation of the patient is necessary.'
Section 32. Said title is further amended by striking Code Section 37-7-64, relating to length of period of detention in evaluating facility, and inserting in its place a new Code section to read as follows:
'37-7-64. (a) A patient who has been admitted to an evaluating facility pursuant to Code Section 37-7-43, 37-7-63, or subparagraph (a) (3) (B) of Code Section 37-7-81.1 may be detained for a period not to exceed five days, Saturdays, Sundays, and holidays excluded. The patient shall be discharged upon a finding that the patient is not an alcoholic, a drug dependent person, or a drug abuser requiring involuntary treatment or upon a finding and certification that the patient meets all of the outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90, in which event a patient meeting those outpatient treatment requirements shall be discharged under the con ditions provided in Code Section 37-7-91 but, in any event, upon the expiration of the fiveday evaluation period unless:
(1) Within that period:
(A) The patient is admitted as a voluntary patient under Code Section 37-7-20; or
(B) The patient is admitted for involuntary inpatient treatment under Code Section 37-7-81; or
(2) The patient is under criminal charges, notice of which has been given in writing to the facility, in which case the provisions of Code Section 37-7-95 shall apply.
(b) If hospitalization appears desirable, the staff physicians or psychologists of the eval uating facility shall encourage the patient to apply for voluntary hospitalization unless the attending physician finds that the patient is unable to understand the nature of voluntary hospitalization, that voluntary hospitalization would be harmful to the patient, or that the patient is determined to be an alcoholic, a drug dependent individual, or a drug abuser in need of involuntary treatment, which finding shall be entered in the patient's record.
(c) If, after evaluation of the patient, it is determined by the chief medical officer that proceedings for involuntary treatment of the patient should be initiated pursuant to Code Section 37-7-81 or pursuant to Part 4 of this article, the chief medical officer shall direct that an individualized treatment plan be developed for that patient during the five-day pe riod that he is detained for evaluation in the facility.
(d) Notice of the discharge shall be given to the patient and his representatives; to the person who filed the petition; if the patient was admitted to the evaluating facility from an emergency receiving facility under Code Section 37-7-43, to the physician or psychologist who executed the certificate or to the court which issued the order pursuant to Code Section 37-7-41; if the patient was under criminal charges of which the facility received written notification, by certified mail to the law enforcement agency originally having custody of the patient; and, if the patient was admitted to the evaluating facility under Code Section 37-762, to the court that ordered the evaluation.'
Section 33. Said title is further amended by striking subsection (a) of Code Section 377-81, relating to the procedure for the detention of patients beyond the evaluation period, and inserting in its place a new subsection to read as follows:
'(a) The patient may be detained at a facility beyond the evaluation period unless vol untary hospitalization is sought under subparagraph (a) (1) (A) of Code Section 37-7-64 only upon the recommendation of the chief medical officer of an evaluating facility where the patient has been examined under Part 2 of this article, which recommendation is sup ported by the opinions of two physicians who have personally examined the patient within the preceding five days and who agree that the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment but who does not meet the

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outpatient treatment requirements of paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90. Such recommendation of the chief medical officer and the opinions of the physicians shall be entered on a certificate. The certificate shall be filed along with a peti tion for a hearing in the court of the county in which the patient is being detained for evaluation. Nothing in this chapter shall be construed to prohibit a physician or a chief medical officer who has previously executed any other certificate authorized by the provi sions of this chapter from executing a certificate provided for in this Code section for the same or any other patient. The certificate and petition shall be filed within five days, Satur days, Sundays, and holidays excluded, after the patient is admitted to a facility for evalua tion under Code Section 37-7-63. Such filing shall authorize the detention of the patient by the facility pending completion of a full and fair hearing under this Code section. Copies of the certificate shall be served on the patient and his representatives within five days after the certificate is filed and shall be accompanied by:
(1) A notice that a hearing will be held and the time and place thereof;
(2) A notice that the patient has a right to counsel, that the patient or his representa tives may apply immediately to the court to have counsel appointed if the patient cannot afford counsel, and that in such case the court will appoint counsel for the patient unless the patient indicates in writing that he does not desire to be represented by counsel;
(3) A copy of the individualized treatment plan developed by the facility under this chapter shall be sent to the patient and shall be sent to the patient's representative if re quested by such representative. Notice of the right to receive such plan shall be given to the representatives at the time the treatment plan is sent to the patient;
(4) A notice that the patient has a right to be examined by a physician or psychologist of his own choice at his own expense and to have that physician or psychologist submit a suggested treatment plan for the patient which conforms with the requirements of para graph (14) of Code Section 37-7-1; and
(5) A notice that the patient may waive in writing the hearing described in subsection (c) of this Code section.
Section 34. Said title is further amended by striking paragraph (2) of subsection (a) of Code Section 37-7-81.1 relating to disposition of patient upon hearing, and inserting in its place a new paragraph to read as follows:
'(2) That the patient is an outpatient, the court shall further determine, based upon either the individualized treatment plan required to be prepared under subsection (c) of Code Section 37-7-64 or subsection (b) of Code Section 37-7-91 or the individualized treat ment plan proposed by the physician or psychologist chosen by the patient, whether there is available outpatient treatment for the patient which meets the requirements of the plan chosen by the court and whether the patient will likely obtain that treatment so as to mini mize the likelihood of the patient's becoming an inpatient. If the court determines that there is such available outpatient treatment which the patient will likely obtain so as to minimize the liklihood of the patient's becoming an inpatient, then the court shall order the patient to obtain that treatment and shall discharge the patient subject to such order;'
Section 35. Said title is further amended by striking subsections (a) and (b) of Code Section 37-7-82 relating to procedure upon failure of or noncompliance with involuntary outpatient treatment plan, and inserting in its place new subsections to read as follows:
'(a) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the physician or psychologist in charge of the patient's outpatient treat ment plan determines that, because of a change in the patient's condition, the least restric tive alternative which would accomplish the treatment goals is hospitalization of the pa tient, then that physician or psychologist may execute a certificate under the conditions specified in subsection (a) of Code Section 37-7-41. That certificate shall have the same duration and effect as a certificate issued pursuant to subsection (a) of Code Section 37-741.

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(b) If at any time during a period of involuntary outpatient treatment, including but not limited to interim outpatient treatment arranged pursuant to subsection (b) of Code Section 37-7-91, the patient fails without good cause or refuses to comply with the outpa tient treatment plan, the physician in charge of the outpatient treatment plan or that physi cian's designee may petition the court originally approving the involuntary treatment of the patient or the court of the county in which the patient is a resident or where the patient may be found for an order authorizing a peace officer to take the patient and immediately deliver the patient to the community mental health center in charge of the patient's outpa tient treatment plan, if a physician is available there to examine the patient, or to the near est emergency receiving facility serving the county in which the patient is found. If in the discretion of the court such an order is issued, the patient shall be delivered to the facility and may be given such emergency or other medical treatment as is indicated by good medi cal practice. The patient must be released from the custody of the community mental health center within four hours and from the custody of the emergency receiving facility within 48 hours after being taken into the custody of that center or facility unless the examining phy sician concludes that, because of a change in the patient's condition, the least restrictive alternative which would accomplish the treatment goals is hospitalization of the patient. The physician or a psychologist may then execute a certificate under the conditions speci fied therefor in subsection (a) of Code Section 37-7-41, if the examination is done in a com munity mental health center. A physician may execute a certificate under the conditions specified therefor in Code Section 37-7-43, if the examination is done in an emergency re ceiving facility. That certificate shall have the same duration and effect as a certificate is sued pursuant to subsection (a) of Code Section 37-7-41 or Code Section 37-7-43, as applicable.'
Section 36. Said title is further amended by striking subsections (c) and (e) of Code Section 37-7-83, relating to the procedure for continued involuntary hospitalization of per sons, and inserting in their respective places new subsections to read as follows:
'(c) A Committee for Continued Involuntary Treatment Review shall be established by the chief medical officer of each hospital and shall consist of not less than five persons of professional status, at least one of whom shall be a physician and at least two others of whom shall be either physicians or psychologists. The committee may conduct its meetings with a quorum of any three members at least one of whom shall be a physician. The func tion of this committee shall be to review and evaluate the updated individualized treatment plan of each patient of the hospital and to report to the chief medical officer its recommen dations concerning the patient's need for continued involuntary treatment. No person who has responsibility for the care and treatment of the individual patient for whom continued involuntary treatment is requested shall serve on any committee which reviews such indi vidual's case.'
'(e) Within ten days of the date of the notice, the committee shall meet to consider the matter of the chief medical officer's intention to seek an order for continued involuntary treatment. Prior to the committee's meeting, the patient and his representatives shall be notified of the following: the purpose of such meeting, the time and place of such meeting, their right to be present at such meeting, and their right to present any alternative individu alized treatment plan secured at their expense. In those cases in which the patient will not or cannot appear, at least one member of the committee will make all reasonable efforts to interview the patient and report to the committee. The physician or psychologist proposing the treatment plan shall present an updated individualized treatment plan for the patient to the committee. The committee shall report to the chief medical officer or his designee, other than the attending physician or psychologist proposing the treatment plan or a member of the committee, its written recommendations along with any minority recommendations which may also be submitted. Such report will specify whether or not the patient is an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment and whether continued hospitalization is the least restrictive alternative available.'
Section 37. Said title is further amended by striking subsection (b) of Code Section 37-

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7-93, relating to court orders for outpatient treatment, and inserting in its place a new sub section to read as follows:
'(b) If it is necessary to continue available outpatient treatment beyond the period au thorized pursuant to subsection (a) of this Code section, at least 60 days prior to the expira tion of that period the physician or psychologist responsible for that treatment, or the per son responsible for the patient's treatment under the direction and with approval of the physician shall:
(1) Update the patient's individualized treatment plan;
(2) Prepare a report containing evidence that the patient meets all the requirements for available outpatient treatment under paragraphs (1), (2), and (3) of subsection (c) of Code Section 37-7-90; and
(3) Petition the hearing examiners appointed to hold hearings under Code Section 37-7-83 for an order requiring the patient to obtain available outpatient treatment beyond the period previously ordered for the patient.
The petition shall contain a plain and simple statement that the patient or the patient's representatives may file a request for a hearing with a hearing examiner appointed to hold hearings pursuant to Code Section 37-7-83 within 15 days after service of the petition, that the patient has a right to counsel at the hearing, that the patient or the patient's respresentatives may apply immediately to the court to have counsel appointed if the pa tient cannot afford counsel, and that the court will appoint counsel for the patient unless the patient indicates in writing that the patient does not desire to be represented by counsel or has made the patient's own arrangements for counsel.'
Section 38. Said title is further amended by striking subsection (b) of Code Section 377-94, relating to reviews of individual treatment plans, and inserting in its place a new sub section to read as follows:
'(b) Any time a patient is found by the physician or psychologist in charge of the pa tient's outpatient treatment no longer to be an alcoholic, a drug dependent individual, or a drug abuser requiring involuntary treatment, that physician or psychologist shall discharge the patient from further compliance with the treatment.'
Section 39. Said title is further amended by striking Code Section 37-7-162, relating to rights of patients to suitable treatment, and inserting in its place a new Code section to read as follows:
'37-7-162. (a) Each patient in a facility and each person receiving services for alcohol ism, drug dependency, or drug abuse shall receive care and treatment that is suited to his needs and is the least restrictive appropriate care and treatment. Such care and treatment shall be administered skillfully, safely, and humanely with full respect for the patient's dig nity and personal integrity.
(b) Each patient shall have the right to participate in his care and treatment. The board shall issue regulations to ensure that each patient participates in his care and treat ment to the maximum extent possible. Unless the disclosure to the patient is determined by the chief medical officer or the patient's treating physician to be detrimental to the physical or mental health of the patient and unless a notation to that effect is made a part of the patient's record, the patient shall have the right to reasonable access to review his medical file, to be told his diagnosis, to be consulted on the treatment recommendation, and to be fully informed concerning his medication, including its side effects and available treatment alternatives.
(c) It is the duty of the chief medical officer to ensure that each patient receives such medical attention as is suitable to his condition and that no treatment shall be given which is not recognized as standard psychiatric treatment, except upon the written consent of the patient or, if applicable, his guardian having capacity to give such consent. If such consent given by someone other than the patient or such guardian, court approval must be obtained after a full and fair hearing.

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(d) If a patient hospitalized under this chapter is able to secure the services of a private physician or psychologist, he shall be allowed to see his physician or psychologist at any reasonable time. The chief medical officer is authorized and directed to establish regulations designed to facilitate examination and treatment which a patient may request from such private physician or psychologist.
(e) Every patient admitted to a facility under this chapter shall be examined by the staff of the admitting facility as soon as possible after his admission.'
Section 40. Said title is further amended by striking paragraph (6) of subsection (a) of Code Section 37-7-166, relating to the maintenance, confidentiality, and release of clinical records of alcoholics, drug dependent individuals, and drug abusers, and inserting in its place a new paragraph to read as follows:
'(5) In a bona fide medical emergency, as determined by a physician treating the pa tient, the chief medical officer may release the patient's record to the treating physician or to the patient's psychologist;'
Section 41. Said title is further amended by striking from said Code Section 37-7-166 subsections (b) and (c) thereof and inserting in their respective places new subsections to read as follows:
'(b) In connection with any hearing held under this chapter, any physician, including any psychiatrist, or any psychologist who is treating or who has treated the patient shall be authorized to give evidence as to any matter concerning the patient, including evidence as to communications otherwise privileged under Code Section 24-9-21, 24-9-40, or 43-39-16.
(c) Any disclosure authorized by this Code section or any unauthorized disclosure of confidential or privileged patient information or communications shall not in any way abridge or destroy the confidential or privileged character thereof, except for the purpose for which such authorized disclosure is made. Any person making a disclosure authorized by this Code section shall not be liable to the patient or any other person, notwithstanding any contrary provision of Code Section 24-9-21, 24-9-40, or 43-39-16.'
Section 42. Said title is further amended by striking Code Section 37-7-168, relating to right of patient's attorney to interview physicians, and inserting in its place a new Code section to read as follows:
'37-7-168. The patient's attorney shall have the right, at reasonable times, to interview the physician or psychologist and staff who have attended or are now attending the patient in any facility and to have the patient's records interpreted by them. The chief medical officer is authorized and directed to establish reasonable regulations to make available to the patient's attorney all such information in the possession of the facility as the attorney requires in order to advise and represent the patient concerning his hospitalization.'"
By striking Sections 6 and 7 and inserting in lieu thereof the following:
"Section 43. Sections 1 through 5 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. The remaining Sections of this Act shall become effective July 1, 1991.
Section 44. All laws and parts of laws in conflict with this Act are repealed."
Senator Edge of the 28th offered the following amendment:
Amend the amendment offered by the Senate Committee on Special Judiciary to HB 889 by striking from line 13 of page 33 the following:
"attending",
and inserting in lieu thereof the following:
"attending".

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1943

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 36, nays 0, and the amendment was adopted.

On the adoption of the amendment offered by the Senate Committee on Special Judici ary, the yeas were 35, nays 0, and the amendment was adopted as amended.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Deal (presiding) Garner

Kidd Langford Ragan of 10th

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.

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.
Senate Sponsors: Senators Egan of the 40th and Clay of the 37th.

Senator Edge of the 28th offered the following amendment:

Amend HB 417 by striking lines 20 through 22 of page 8 and inserting in their place the following:
"paragraph, unless an additional evaluation is requested by the person demanding the hearing or is ordered by the court. If such evaluation is requested by the ward, the ward's attorney, or the petitioner, the expenses shall be cast pursuant to Code Section 29-5-13;

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otherwise, the expenses of said evaluation shall be cast as determined by the court. A copy of.
By striking lines 22 through 27 of page 11 and inserting in their place the following:
"(b) Reserved."

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 Broun Burton Clay Coleman Collins Dawkins 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 Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Deal (presiding)

Kidd Shumake

Steinberg 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.

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.
Senate Sponsors: Senators Coleman of the 1st and Hammill of the 3rd.

The Senate Committee on Transportation offered the following substitute to HB 782:

A BILL
To be entitled an Act 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

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1945

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 Au thority for assistance in collection of the fee; to authorize the Department of Transportation to assist in the collection of such fees; to provide for reimbursement to the department and the authority by the local government; to authorize the Department of Transportation, when consistent with federal law and regulations, the authority to allow local governments to set and collect a parking fee for persons using certain state highways; to authorize the State Tollway Authority to collect a parking fee on the state highway system; to authorize the local government to contract with the State Tollway Authority for assistance in collec tion of the fee; to provide for reimbursement to the authority; 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 32-10-71 of the Official Code of Georgia Annotated, relating to acquisition, maintenance, and operation of tollway projects, is amended by designating the existing language of Code Section 32-10-71 as subsection (a) and by adding new subsections (b) and (c) to read as follows:
"(b) When an existing state tollway facility has been acquired from a local government by the authority or the department, and the state tollway facility provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the State Tollway Authority may assist the local government in the collection of a parking fee for each vehicle entering the island. The local government is authorized to set a fee on roads, streets, and parking facilities owned by the local government for such purposes and may contract with the authority to collect the fee. The department is authorized to assist the authority in the collection of the fee. The local government shall reimburse the department and the authority for any costs associated with executing the terms of the contract.
(c) When a state highway provides access to an island with public beaches that are in need of maintenance, repair, or restoration, the Department of Transportation may, if con sistent with federal law and regulations, authorize the local government to set and collect a parking fee for the purpose of providing funding for such maintenance, repair, or restora tion. The department is authorized to allow the authority to collect such parking fee on the state highway system, provided that the collection point shall lie within the corporate limits of the local government setting the parking fee. The authority is authorized to contract with the local government for the collection of the fee. The local government shall reimburse the authority for any costs associated with executing the terms of the contract."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton Clay Coleman Collins

Dawkins Dean Echols Edge Egan English Foster Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable

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Moye Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Tate

Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Deal (presiding) Garner

Kidd Shumake Starr

Steinberg 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.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:

SB 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.

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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; to provide for the composition of such council.

The House has disagreed to the Senate substitute to the following bill of the House:

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.

The House insists on its position in disagreeing to the Senate amendment, and has

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1947

appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Coleman of the 118th, Buck of the 95th and Walker of the 115th.
The President resumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 272 was as follows:
A BILL
To be entitled an Act 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 Natural Resources, so as to authorize the establishment and operation, on publicly owned or oper ated and not privately owned or operated lands and property, of programs of volunteer services to the department to facilitate, amplify, or supplement the objectives and functions of the department; to provide for the reimbursement to volunteers of incidental expenses and the payment of premiums for certain insurance, bonds, and workers' compensation cov erage; to provide that such volunteers shall not be covered by the regulations and benefits of state employment except as to liability insurance, workers' compensation insurance, and fidelity bond coverage; to provide that the establishment and operation of such programs shall not affect appropriations to the department; to amend Code Section 34-9-1 of the Offi cial Code of Georgia Annotated, relating to definitions applicable to workers' compensation, so as to change a certain definition; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to the Department of Natural Resources, is amended by striking in its entirety Code Section 12-2-6 relating to powers and duties of the Department of Natural Resources, and substituting in lieu thereof a new Code Section 12-26, to read as follows:
"12-2-6. (a) In carrying out its objectives, the department is authorized to arrange for and accept such aid and cooperation from the several United States governmental bureaus and departments and from such other sources as may lend assistance.
(b) (1) The commissioner is authorized to adopt, without regard to the State Merit System of Personnel Administration, laws, rules, or regulations providing for the services of individuals without compensation as volunteers for or in aid of environmental protection, coastal resources, interpretive functions, hunter safety instruction, visitor services, and con-

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servation measures and development and any other activities in and related to the objects, powers, duties, and responsibilities of the department.
(2) The commissioner is authorized to provide for reimbursement to volunteers of inci dental expenses, such as transportation, uniforms, lodging, and subsistence. The commis sioner is also authorized to provide general liability coverage, fidelity bond coverage, and workers' compensation for such volunteers while they are rendering service to or on behalf of the department.
(3) Except as otherwise provided in this Code section, a volunteer shall not be deemed to be a state employee and shall not be subject to the provisions of law relating to state employment, including without limitation those relating to hours of work, rates of compen sation, leave, unemployment compensation, and state employee benefits.
(4) Volunteers performing work under the terms of this Code section may be authorized by the department to operate state owned vehicles. They may also be treated as employees of the state for the purposes of inclusion in any automobile liability insurance or self-insur ance, general liability insurance or self-insurance, or fidelity bond coverage provided by the department for its employees while operating state owned vehicles.
(5) No volunteer shall be assigned to any position presently filled or authorized in the department.
(6) No volunteer shall be authorized or allowed to enter privately owned or operated lands, facilities, or properties without the express prior written permission of the owner or operator of such privately owned or operated lands, facilities, or properties; provided, how ever, such prohibition shall not apply to lands, facilities, or properties leased to the State of Georgia.
(c) The department shall have the power and authority to create, establish, and operate a program or programs to facilitate, amplify, or supplement the objectives and functions of the department through the use of volunteer services, including, but not limited to, the recruitment, training, and use of volunteers; provided, however, that there shall be no budg etary supplantation of existing or future programs or appropriations as a result of the estab lishment and operation of such program or programs.
(d) The department is directed to cooperate with and coordinate its work with the work of each department of the federal government dealing with the same subject matters dealt with by the Department of Natural Resources. The department is authorized to cooperate with the counties of the state in any surveys to ascertain the natural resources of the coun ties. The department is also authorized to cooperate with the governing bodies of municipal ities and boards of trade and other local civic organizations in examining and locating water supplies and in giving advice concerning, and in recommending plans for, other municipal improvements and enterprises. Such cooperation is to be conducted upon such terms as the department may direct."
Section 2 Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions applicable to workers' compensation, is amended by striking in its entirety para graph (2) and inserting in lieu thereof a new paragraph (2) to read as follows:
"(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as oth erwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statue. Any reference to any employee who has been injured shall, if the employee dies, include his legal representa tives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firemen, policemen, and personnel of emergency management or civil de fense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are

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1949

specifically included in this definition. All volunteers assisting the Department of Natural Resources pursuant to Code Section 12-2-6 are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipal ity of this state, but only for volunteer fire-fighting services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such vol unteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, but only for volunteer law enforcement services rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforce ment personnel; any person who is a volunteer member or worker of an emergency manage ment or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state but only for volun teer services, which are not prohibited by Code Section 38-3-36, rendered to such county or municpality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such vol unteer members or workers; and any person certified by the Department of Human Re sources or the Composite State Board of Medical Examiners and registered with any county or municipality of this state as a medical first responder, but only for first responder ser vices rendered to such county or municipality and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia. For the purpose of workers' compensation coverage, members of the Georgia National Guard serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person other wise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1 of this article."
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 Gillis of the 20th moved that the Senate agree to the House substitute to SB 272.

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 Clay

Coleman Collins Dawkins Deal Dean Echols Edge

Egan English Foster Garner Gillis Hammill Harris

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Hasty Henson Hill
J?ook? HJLoauh,ngnggsfloonnrsd Marable Moye Newbill

Olmstead Perdue Perry
Phillips Pollard RaSan of loth Ragan of 32nd Ramsey Ray

Robinson Scott Tate
Taylor T_Tiumrnmeor ns Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Kidd Shumake

Starr Steinberg

Thompson Walker of 22nd

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 272.

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

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".

The House amendment was as follows:

Amend the Senate substitute to HB 292 by inserting after the word "known" on line 24 of page 5 the following:
"or should have been known".

Senator Deal of the 49th moved that the Senate agree to the House amendment to the Senate substitute to HB 292.

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 Clay Coleman Collins Deal Dean Echols Edge Egan 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 Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

TUESDAY, MARCH 12, 1991

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Those not voting were Senators:

Bowen Dawkins Hammill

Kidd Scott Shumake

Steinberg Walker of 22nd

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 292.

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

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.
Senate Sponsor: Senator Hammill of the 3rd.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 746 by inserting on line 25 of page 2 between the word "boat" and the symbol "." the following:
"; provided, however, that if the captain of said boat is found not guilty of an alleged violation of Code Section 27-4-133 or any rule or regulation promulgated pursuant thereto, the bond amount shall be returned to said owner".

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:

Albert Baldwin Bishop Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster

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 Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Voting in the negative was Senator Alien.

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Those not voting were Senators:

Bowen Garner Kidd

Scott Shumake
;

Steinberg 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 as amended.

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

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.

Senator Johnson of the 47th moved that the Senate adhere to the Senate amendment to HB 120, and that a Conference Committee be appointed.

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HB 120.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Garner of the 30th, Deal of the 49th and Johnson of the 47th.

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

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.
Senate Sponsors: Senators Steinberg of the 42nd and Baldwin of the 29th.

The Senate Committee on Judiciary offered the following substitute to HB 29:

A BILL
To be entitled an Act 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 final order terminating the parental rights of a parent shall be transmitted to the Division of Family and Children Services Adoption Unit of the Department of Human Resources; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to the termination of parental rights, is amended by striking Code Section 15-11-90, relating to the placement of a child following a termination order, in its entirety and in serting in lieu thereof the following:
"15-11-90. (a) (1) If, upon the entering of an order terminating the parental rights of a

TUESDAY, MARCH 12, 1991

1953

parent, there is no parent having parental rights, the court shall first attempt to place the child with the child's extended family or with a person related to the child by blood or marriage. An exhaustive and thorough search for a suitable family member shall be made by the court and the Department of Human Resources in attempting to effect this placement. A placement effected under this paragraph shall be conditioned upon the family member who is given permanent custody or who is granted an adoption of the child agreeing to abide by the terms and conditions of the order of the court.
(2) If no placement of the child is effected under paragraph (1) of this subsection, the court may make any of the following dispositions: commit the child to the custody of the Department of Human Resources or to a licensed child-placing agency willing to accept custody for the purpose of placing the child for adoption or, in the absence of an adoption, in a foster home, or take other suitable measures for the care and welfare of the child.
(b) The court shall transmit a copy of every final order terminating the parental rights of a parent to the Division of Family and Children Services Adoption Unit of the Depart ment of Human Resources within 15 days of the filing of such order.
(c) The custodian has authority to consent to the adoption of the child, his marriage, his enlistment in the armed forces of the United States, and surgical and other medical treatment for the child.
(d) If a petition seeking the adoption of the child is not filed within one year after the date of the disposition order, the court shall then, and at least yearly thereafter as long as the child remains unadopted, review the circumstances of the child to determine what ef forts have been made to assure that the child will be adopted. The court may then enter such orders as it deems necessary to further the adoption, including but not limited to an other placement."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton
C?.man Colhns Dawkins Deal Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hok?
Kussms Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake
Thompson Timmons Turner Tysinger Walker of 43rd White

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Those not voting were Senators:

Bowen Garner

Scott Steinberg

Taylor 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 by substitute.

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

HB 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.

The House amendment to the Senate substitute to HB 461 was as follows:

Amend the Senate substitute to HB 461 by striking Section 3 in its entirety and renum bering the remaining sections accordingly.

Senator Edge of the 28th moved that the Senate agree to the House amendment to the Senate substitute to HB 461.

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 Edge 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 T? fl v
L\,aj
Robinson Starr Tate Timmons Turner Tysinger White

Those voting in the negative were Senators:

Clay Egan

Newbill

Walker of 43rd

Those not voting were Senators:

Bowen Garner Scott

Shumake Steinberg Taylor

Thompson Walker of 22nd

On the motion, the yeas were 44, nays 4; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 461.

TUESDAY, MARCH 12, 1991

1955

The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage:
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.
Senate Sponsor: Senator Baldwin of the 29th.
The Senate Committee on Judiciary offered the following substitute to HB 416:
A BILL
To be entitled an Act 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 assistant district attorneys to perform certain duties regarding recovery of child support; to provide for fund ing of such attorneys' compensation; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to appointment and qualifications of assistant district attorneys, is amended by striking para graph (4) of subsection (a) thereof and inserting in its place a new paragraph to read as follows:
"(4) 'Prosecuting attorney' means a person who serves on a full-time basis as a district attorney; a person who serves on a full-time basis as an assistant district attorney, deputy district attorney, or other attorney appointed by a district attorney of this state; a person who serves on a full-time basis as a solicitor or assistant solicitor of a state or juvenile court of this state or any political subdivision thereof; a person who serves as an attorney em ployed on a full-time basis by the Attorney General of this state; a person who serves as an attorney employed on a full-time basis by the United States Department of Justice; a per son who serves as an attorney employed on a full-time basis by a public official of any of the several states or any political subdivision thereof having responsibility for the prosecution of violations of the criminal law; a person who serves on a full-time basis as an attorney em ployed by the Prosecuting Attorneys' Council of Georgia; a person who serves on a full-time contractual basis with the Department of Human Resources as an attorney employed as an assistant district attorney under Code Section 19-11-23 of Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act' and Code Section 19-11-53 of Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act'; or a person who serves on a full-time basis as a third-year law student under the authority of Code Section 15-18-22."
Section 2. Said Code section is further amended by striking subsection (b) thereof and inserting in its place a new subsection to read as follows:
"(b) Subject to the provisions of this Code section, the district attorney in each judicial circuit is authorized to appoint as many attorneys as there are superior court judges in the circuit, excluding senior judges, to assist the district attorney in the performance of the duties of the district attorney's office. Subject to the availability of funding and at the op tion of the Department of Human Resources, the district attorney in each judicial circuit is authorized to appoint at least one assistant district attorney to perform duties described specifically under Code Sections 19-11-23 and 19-11-53 and generally under Article 1 of Chapter 11 of Title 19, the 'Child Support Recovery Act' and Article 2 of Chapter 11 of Title 19, the 'Uniform Reciprocal Enforcement of Support Act.' The district attorney re tains the authority to appoint one or more assistant district attorneys, who shall be county employees, to perform the aforementioned statutory duties, so long as such appointments are pursuant to a contract for such services with the Department of Human Resources. Once

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the election to make this position a state position is made, under this statutory provision, it shall be irrevocable. Contractual funds shall be paid by the Department of Human Re sources to the Department of Administrative Services in accordance with the compensation provisions of this Code section, or at the election of the appointed attorney, to the ap pointed attorney's judicial circuit, in accordance with the compensation provisions of that judicial circuit."
Section 3. 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 Broun
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 Starr Tate
Timmons Turner
Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Hill Scott

Shumake Steinberg Taylor

Thompson 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.

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.
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:

TUESDAY, MARCH 12, 1991

1957

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 Move Newbill Olmstead Perdue Perry

Those not voting were Senators:

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Tate Timmons Turner Tysinger Walker of 43rd White

Bowen Langford

Steinberg Taylor

Thompson 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.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 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.

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 6:22 o'clock P.M., the President announced the Senate adjourned until 9:15 o'clock A.M. tomorrow.

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Senate Chamber, Atlanta, Georgia Wednesday, March 13, 1991 Thirty-ninth Legislative Day

The Senate met pursuant to adjournment at 9:15 o'clock A.M. today and was called to order by Senator Deal of the 49th, President Pro Tempore.
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 Senate:
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 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 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 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.
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.

WEDNESDAY, MARCH 13, 1991

1959

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 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 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.
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 House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
SR 32. By Senator Kidd of the 25th: A resolution recognizing the month of May, 1991, as "Motorcycle Awareness and You Month" in Georgia.
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.
SR 264. By Senator Timmons of the llth: A resolution designating the Stewart County Wild Game and Fish Cookoff and Exposition as the Official Georgia Wild Game and Fish Cookoff and Exposition.
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 373. By Senator Echols of the 6th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Charlton County, as amended, so as to change the compensation of the tax commissioner; to provide that the tax commissioner shall receive longevity and cost-of-living increases.
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

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administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts.
SB 437. By Senators Clay of the 37th, Newbill of the 56th, Thompson of the 33rd and others:
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; to provide for related matters; to provide an effective date.
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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has agreed to the Senate substitutes to the following bills of the House:
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 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".

WEDNESDAY, MARCH 13, 1991

1961

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 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 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 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.
HB 449. By Representatives Benefield of the 72nd, Herbert of the 76th, King of the 72nd, Buckner of the 72nd, Chafin of the 72nd and others:
A bill to amend Chapter 4 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 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.
The House has agreed to the Senate amendments to the following bills of the House:
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 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

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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 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.
The House has agreed to the Senate substitutes to the following bills of the House:
HB 257. By Representatives Carrell of the 65th, Harris of the 84th, Godbee of the 110th, Royal of the 144th, Barnett of the 10th 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 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 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.
The House has agreed to the Senate substitute to 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 House has agreed to the Senate substitute to the following bill of the House:
HB 982. 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 repeal an Act approved March 18, 1986, which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1982 general election (Res. Act No. 76, House Resolution No. 271, Ga. L. 1981, p. 1926) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia providing for the valuation of certain homestead property of Muscogee County for purposes of ad valorem tax ation for school and consolidated city-county government purposes.

WEDNESDAY, MARCH 13, 1991

1963

The following resolution of the Senate was introduced, read the first time and referred to committee:

SR 307. By Senator Edge of the 28th:
A resolution endorsing Cochran Mill Park as a potential site for the Olympic equestrian events. 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 resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 298. Do pass.
Respectfully submitted,
Senator Dean of the 31st District, Chairman

Mr. President:

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

SB 456. Do pass.

HB 1017. Do pass.

SB 457. Do pass.

HB 1019. Do pass.

HB 361. Do pass by substitute.

HB 1020. Do pass by substitute.

HB 781. Do pass.

HB 1022. Do pass.

HB 916. Do pass.

HB 1023. Do pass.

HB 927. Do pass as amended.

HB 1024. Do pass.

HB 945. Do pass.

HB 1025. Do pass.

HB 948. Do pass.

HB 1026. Do pass.

HB 971. Do pass.

HB 1027. Do pass.

HB 973. Do pass.

HB 1028. Do pass.

HB 976. Do pass.

HB 1032. Do pass.

HB 997. Do pass.

HB 1033. Do pass.

HB 998. Do pass as amended.

HB 1046. Do pass.

HB 1007. Do pass by substitute.

HB 1047. Do pass.

HB 1011. Do pass as amended.

HB 1049. Do pass.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

The President assumed the Chair.

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

Albert Alien

Baldwin Bowen

Clay Coleman

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Collins Dawkins Deal Dean Edge Egan English Hammill Harris Hasty Henson Hill Hooks

Huggins Kidd M arable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 32nd Ramsey Ray

Those not answering were Senators:

Scott Shumake Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Bishop Broun Burton Echols Foster

Garner (excused conferee) Gillis Johnson (excused conferee) Langford

Phillips Ragan of 10th Robinson Thompson

Senator Walker of the 43rd introduced the chaplain of the day, Reverend Cynthia Hale, pastor of Ray of Hope Christian Church, Decatur, Georgia, who offered scripture reading and prayer.

The following resolutions of the Senate were read and adopted:

SR 304. By Senators Taylor of the 12th, Bowen of the 13th, Hooks of the 14th and others:
A resolution commending Lieutenant Eric Dodson.

SR 305. By Senator Dean of the 31st: A resolution commending Chief Ellis A. Mauldin.

SR 306. By Senators Deal of the 49th, Broun of the 46th, Dawkins of the 45th and others:
A resolution recognizing and commending Robert L. Crowe on the occasion of his retirement.

SR 308. By Senators Steinberg of the 42nd, Scott of the 36th, Johnson of the 47th and others:
A resolution commending Central Metals Company of Atlanta.

SR 309. By Senator Timmons of the llth:
A resolution commending the Mitchell-Baker High School Eagles basketball team.

WEDNESDAY, MARCH 13, 1991

1965

SR 310. By Senators Bowen of the 13th and Timmons of the llth: A resolution commending Betty Roe and Barbara Browning.

SR 311. By Senator Hill of the 4th: A resolution commending the Statesboro High School basketball team.

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

SR 298. By Senator Dean of the 31st:

A RESOLUTION
Amending the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that the Rules of the Senate are amended by striking the final paragraph of Rule 185 and inserting in its place a new paragraph to 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 Secretary of the Senate, the Chairman of the Committee on Rules, and three (3) members of the Senate appointed by the President. This Committee shall have the responsibility of employing, supervising and setting the compensation of all aides, secretar ies and other personnel for the Senate, including the Senate Research and Senate Informa tion offices. Without limiting the generality of the foregoing, the Committee shall be author ized to adopt policies and procedures prohibiting sexual harassment of employees of the Senate and providing for hearing and resolution of complaints of alleged violations. The Committee shall supervise the purchase and allotment of supplies for the Senate."

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

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

Those voting in the affirmative were Senators:

Albert Baldwin 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 Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 43rd White

1966

JOURNAL OF THE SENATE

Those not voting were Senators:

Alien Bishop Bowen

Olmstead Shumake Taylor

Timmons Walker of the 22nd

On the adoption of the resolution, the yeas were 48, nays 0.

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

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 13, 1991
THIRTY-NINTH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

SB 456 Starr, 44th Collins, 17th
A bill to change the provisions relative to the compensation of the deputy tax commissioner of Clayton County.

SB 457 Newbill, 56th A bill to change the corporate limits of the City of Roswell in Fulton County.

*HB 361 Deal, 49th Newbill, 56th
A bill to create the Cumming-Forsyth County Unification Commission. (SUBSTITUTE)
HB 781 Clay, 37th Ragan, 32nd Thompson, 33rd Newbill, 56th A bill to change the corporate limits of the City of Marietta.
HB 916 Echols, 6th A bill to change the corporate limits of the City of Kingsland.
*HB 927 Perdue, 18th
A bill to create and establish the Warner Robins Building Authority. (AMENDMENT)

HB 945 Foster, 50th A bill to change the corporate limits of the City of Young Harris.
HB 948 Perdue, 18th A bill to change the corporate limits of the City of Centerville, Houston County.
HB 971 Echols, 6th A bill to change the mandatory provisions of having a city manager employed by the City of Kingsland.

WEDNESDAY, MARCH 13, 1991

1967

HB 973 Echols, 6th
A bill to delete a provision relating to the power of the authority to under take certain projects, services, or facilities in Camden County.

HB 976 Hasty, 51st A bill to create a board of commissioners of Pickens County.

HB 997 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th
A bill to change certain fees for the State Court of DeKalb County.

*HB 998 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th
A bill to provide that members of the DeKalb Community Relations Com mission may serve no more than three consecutive terms. (AMENDMENT)

*HB 1007

Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th
A bill to provide for the annual salary of the Chief Executive Officer of DeKalb County. (SUBSTITUTE)

*HB 1011 Collins, 17th A bill to provide a new charter for the City of Stockbridge. (AMENDMENT)

HB 1017 Edge, 28th
A bill to provide for an additional member of the board of commissioners of Coweta County to be elected at large by the qualified voters of the county.

HB 1019 Clay, 37th Ragan, 32nd Thompson, 33rd Newbill, 56th
A bill to change the corporate limits of the City of Marietta.

*HB 1020

Walker, 22nd Albert, 23rd
A bill to authorize the governing authority of Richmond County to increase the compensation of certain officials. (SUBSTITUTE)

HB 1022 Baldwin, 29th
A bill to revise provisions relating to ad valorem school taxes for the City of Hogansville.

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JOURNAL OF THE SENATE

HB 1023 Muggins, 53rd A bill to change the provisions relating to the amount of funds for the com pensation of the personnel of the judge of the Probate Court of Walker County.
HB 1024 Huggins, 53rd A bill to change the provisions relating to the amount of funds for the com pensation of the personnel of the tax commissioner of Walker County.
HB 1025 Huggins, 53rd A bill to change the provisions relating to the amount of funds for the com pensation of the personnel of the clerk of the Superior Court of Walker County.
HB 1026 Echols, 6th A bill to revise and reenact the law creating a board of commissioners of Bacon County.
HB 1027 Echols, 6th A bill to incorporate and provide a charter for the City of Graham.
HB 1028 Echols, 6th A bill to provide a new mileage rate for the chairman and board of commis sioners of Brantley County.
HB 1032 Timmons, llth A bill to abolish the office of Treasurer of Baker County; to provide that the Board of Commissioners of Baker County shall appoint depositories for county funds.
HB 1033 Timmons, llth A bill to consolidate the offices of tax receiver and tax collector of Baker County into the office of tax commissioner of Baker County.
HB 1046 Starr, 44th Collins, 17th A bill to change the provisions relative to the compensation of the deputy tax commissioner of Clayton County.
HB 1047 Perdue, 18th A bill to provide for the inclusion of certain property within the corporate limits of the City of Warner Robins.
HB 1049 Perry, 7th A bill to revise provisions relating to meetings of the city council in the City of Homerville.
The amendments and substitutes to the following bills were put upon their adoption:
*HB 927:
The Senate Committee on Urban and County Affairs offered the following amendment:

WEDNESDAY, MARCH 13, 1991

1969

Amend HB 927 by adding on line 24 of page 4 between the word "project" and the comma, the following:
"in blighted areas".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
*HB 998:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 998 by striking the word "Officers" on line 17 of page 2 and inserting in lieu thereof the word "Members".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
*HB 1011:
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 1011 by striking lines 19 and 20 of page 12 and inserting in lieu thereof the following:
"(b) Except for the mayor and the two councilmembers who were elected in 1990 to serve for terms of three years, the mayor and councilmembers shall serve for terms of four years and until their respective successors are".
By striking from line 10 of page 13 the following: "primaries and". By striking lines 24 through 29 of page 13 and inserting in lieu thereof the following: "(e) On the Tuesday next following the first Monday in November, 1991, and on that day quadrennially thereafter, there shall be elected three councilmembers. Then, on the Tuesday next following the first Monday in November, 1993, and on that day quadrennially thereafter, there shall be elected a mayor and two councilmembers. It is the purpose of this". By striking lines 19 through 23 of page 14 and inserting in lieu thereof the following: "a successor shall be elected to fill the unexpired term, if any, of such official." By striking line 28 of page 19 and inserting in lieu thereof the following: "either four councilmembers or the mayor and three councilmembers". By striking lines 17 through 22 of page 21 and inserting in lieu thereof the following: "the rules which it shall establish. An ordinance may be adopted with or without amendment or may be rejected at the meeting at which the ordinance is introduced." By striking from line 25 of page 25 the following: "receipt", and inserting in lieu thereof the following: "the adoption". By striking from line 16 of page 38 and line 1 of page 4 the following: "February 1",

1970

JOURNAL OF THE SENATE

and inserting in each respective place the following:
"December 31".
On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted.
*HB 361:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 361:
A BILL
To be entitled an Act to create the Cumming-Forsyth County Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission; to provide that said commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said commission and for the payment of same by the governing authorities of the City of Gumming and Forsyth County; to provide that said commission shall be authorized to study all matters relating to the governments of the City of Gumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territorial limits of Forsyth County; to provide for the submis sion of the commission's findings and recommendations to the Forsyth County State Legis lative Delegation; to provide for all procedures and matters connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Cumming-Forsyth County Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II(b) of the Constitution of Georgia.
Section 2. As used in this Act, the term:
(1) "Gumming" or "City of Gumming" or "governing authority of the City of Gum ming" means the mayor and councilmembers of the City of Gumming.
(2) "Forsyth County State Legislative Delegation" means the elected official represent ing House District 10 and the elected officials representing Senate Districts 49 and 56 in the General Assembly of Georgia.
(3) "Governing authority of Forsyth County" shall mean the Board of County Commis sioners of Forsyth County.
(4) "Unification commission" or "commission" means the Cumming-Forsyth County Unification Commission provided for in this Act.
Section 3. (a) There is created the Cumming-Forsyth County Unification Commission, which shall consist of 13 members who shall be appointed as follows:
(1) Five members to be appointed by the County Commission of Forsyth County, all of whom shall be residents of unincorporated Forsyth County. No more than three members appointed by the county commission may be elected public officials;
(2) Five members to be appointed by the City Council of Gumming, all of whom shall be residents of the City of Gumming. No more than three members appointed by the city council may be elected officials; and
(3) Five members to be appointed by the grand jury of Forsyth County, all of whom shall be appointed without regard to their residency, provided that such members shall meet the eligibility requirements set forth in subsection (b) of this section.

WEDNESDAY, MARCH 13, 1991

1971

(b) To be eligible for appointment as a member of the unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his appointment.
(c) If a vacancy should occur on said commission for any reason, the grand jury of Forsyth County shall promptly fill the same. Seven members of the commission shall consti tute a quorum for the transaction of business.
Section 4. (a) The unification commission shall hold an organizational meeting within 15 days after the appointment of all members, as provided in Section 3 of this Act. The first order of business at said organizational meeting shall be the election of a permanent chair man who shall be elected by majority vote of all members of said commission.
(b) After organization and election of a permanent chairman, the unification commis sion shall be authorized to elect a secretary who need not be a member of the commission and such other officers from the commission as it shall deem necessary. The unification commission shall be further authorized to employ such staff and to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary to assist it in studying all matters relating to the governments of the City of Gumming and Forsyth County. The unification commission shall not employ any person to assist it in making its studies who holds any public office if the holder of such public office is elected by the people.
(c) The members of the unification commission shall not receive per diem or other com pensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the unification commission. The staff employed by the unification commission shall be paid compensation as determined by the commission within the limits of funds available to it under the provisions of this Act. The governing authority of the City of Gumming and the governing authority of Forsyth County are au thorized to expend public funds in carrying out the provisions of this Act and shall share proportionately the expense thereof, 90 percent by the county and 10 percent by the city. The treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of the unification commission. Said governing authorities shall appropriate such funds up to a combined maximum appropriation of $20,000.00 as may be necessary to meet the expenses of the unification commission. All public officials and employees upon request shall furnish the unification commission with all documents, books, records, data, information, and assistance necessary or appropriate in the opinion of the unification commission for it to carry out its duties.
Section 5. The General Assembly delegates its power to the unification commission, and the unification commission is authorized to study all matters relating to the governments of the City of Gumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territo rial limits of Forsyth County.
Section 6. During the course of its studies, the unification commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of the City of Gumming and Forsyth County regarding the work of the unification commission. The unification commission shall cause the date, time, and place of such hearings to be adver tised in the official organ of Forsyth County at least twice during the week immediately preceding the week during which said public hearings are held. The unification commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided in this section.
Section 7. After conducting its study of the governments of the City of Gumming and Forsyth County, the unification commission shall prepare and submit on or before January 31, 1992, a written report of its findings, conclusions, and recommendations, specifically in cluding whether it is in the best interests of the citizens and governments of the City of

1972

JOURNAL OF THE SENATE

Gumming and Forsyth County that there be enacted by the General Assembly local legisla tion to create a single unified county-wide government to succeed and replace the existing governments of the City of Gumming and Forsyth County. The City of Gumming, the County of Forsyth, or both, are authorized but not required to hold a referendum pursuant to Article IX, Section III, Paragraph II(b) of the Constitution of the State of Georgia.
Section 8. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.
*HB 1007:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1007:
A BILL
To be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4863), so as to provide for the annual salary of the Chief Executive Officer; to provide for an expense allowance; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. An Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4863), is amended by striking Section 8 of said Act in its entirety and inserting in lieu thereof a new Section 8 to read as follows:
"Section 8. The provisions of any other law to the contrary notwithstanding:
(1) The Chief Executive Officer of DeKalb County shall be compensated in an amount equal to the compensation which he received in 1991, to be paid in equal monthly installments;
(2) Each member of the Commission shall receive an annual salary equal to 19 percent of the annual salary of the Chief Executive Officer; and
(3) In addition to the annual salary provided for by paragraph (2) of this section, each member of the Commission shall receive an expense allowance of $300.00 per month."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 50, nays 0, and the substitute was adopted.
*HB 1020:
The Senate Committee on Urban and County Affairs offered the following substitute to HB 1020:
A BILL
To be entitled an Act to amend an Act establishing the compensation of certain officials

WEDNESDAY, MARCH 13, 1991

1973

in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, so as to authorize the governing authority of Richmond County to increase the compensation of some of said officials; to provide for other matters relative 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. An Act establishing the compensation of certain officials in Richmond County, approved April 12, 1982 (Ga. L. 1982, p. 3941), as amended, is amended by striking subsection (b) of Section 1 in its entirety and substituting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) (1) As used in this subsection, the term 'county officer' means the officers specified in paragraphs (1), (2), (3), (6), and (13) of subsection (a) of this section.
(2) The salary for each county officer provided for in subsection (a) of this section or the minimum salary provided for in any general law applicable to any such county officer shall be the minimum salary applicable to each such county officer, and the governing au thority of Richmond County may increase such minimum salary from time to time in such amount for each such county officer as the governing authority shall determine.
(c) The compensation provided for in subsections (a) and (b) of this section shall be paid in equal monthly installments."
Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 50, 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 Broun Burton
Coleman Collins DDaewalkins Dean Echols Edge Egan English Foster Garner

Hammill Harris Hasty Henson Hill
Hooks Huggms Johnson KLaidndgford
Marable Moye
Newbill
Olmstead
Perdue
Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Q, S.tem. b, erg
Tate Thompson
Timmons
Turner
Tysinger
Walker of 43rd White

1974

JOURNAL OF THE SENATE

Those not voting were Senators:

Bishop Bowen

Gillis Shumake

Taylor Walker of 22nd

On the passage of all the local bills, the yeas were 50, nays 0.

All the bills on the Senate Local Consent Calendar, except HB 361, HB 927, HB 998, HB 1007, HB 1011 and HB 1020, having received the requisite constitutional majority, were

HB 927, HB 998 and HB 1011, having received the requisite constitutional majority, were passed as amended.
HB 361, HB 1007 and HB 1020, having received the requisite constitutional majority, were passed by substitute.
Senator Baldwin of the 29th moved that the Senate reconsider its action in passing HB 1022 as it appears on the Senate Local Consent Calendar today.
On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1022 was recon sidered and placed on the Senate Local Consent Calendar for the next legislative day, Fri day, March 15.
SENATE RULES CALENDAR
Wednesday, March 13, 1991
THIRTY-NINTH LEGISLATIVE DAY
HB 693 Contractor Working on Certain Property--no material purchase from county (I&L--45th)
HB 488 Economic, Civic Development--encourage in less developed county (U&CA G--10th)
HR 283 Zell Miller Mountain Parkway--redesignate portion of Appalachian Highway (Trans--50th)
HB 537 Probate Court Costs--change for certain services (Substitute) (Judy--49th) HB 280 Electric Utilities--integrated resource planning (Substitute) (F&PU--30th) HB 340 Superior Court Appeals from Findings of Revenue Commissioner--surety bond
(F&PU--40th) HB 594 Pawnbroker Engaging in Automobile Sales--licensing (Judy--49th) HB 774 Health Care Provider--certain advertising inducement deceptive (I&L--16th) HB 455 Court Witnesses--per diem, mileage fees (Substitute) (Judy--49th) HR 318 John T. McKenzie Bridge--designate (Trans--14th) HB 276 Drug Treatment Programs--priority to drug dependant pregnant female
(Substitute) (YA&HE--36th) HB 531 Seized Property--disposition of certain personal property (Pub S--27th) HB 849 Dentistry Signs, Advertisement--name of each dentist not required
(Amendment) (H&HS--26th) HB 933 Drug Testing--safety sensitive and critical personnel (Amendment)
(Judy--29th) HB 402 Certain Cemeteries--protection, preservation (Substitute) (Gov Op--25th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1991.) HB 574 False Reporting of Theft, Conversion of Vehicle--felony (Pub S--24th)

WEDNESDAY, MARCH 13, 1991

1975

HB 822 Georgia Computer System Protection Act--repeal old and enact new (Amendment) (S Judy--30th)
HB 468 Automobile License Plate Resembling Georgia Plate--prohibit (Pub S--13th)
HR 346 Elmer A. Dennard Highway--designate (Trans--51st)
HR 74 Floyd County--conveyance of state property (Substitute) (F&PU--52nd)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1991.)
HB 540 Year's Support--burden of proof in showing amount necessary (Substitute) (S Judy--28th)
HB 773 Workers' Compensation--certain equipment owner-operator deemed indepen dent contractor (I&L--12th)
HB 555 Volunteer Transportation Services--liability immunity (Judy--40th)
HR 151 Pennsylvania v. Davenport--urge Congress override Supreme Court decision (Judy--37th)
HB 251 Child Born Out of Wedlock--conditions to inherit from father (S Judy--16th)
HB 396 Stolen Vehicles, License Plates--reporting requirements (Pub S--llth)
HB 694 Assault, Battery in Public Transit Station, Vehicle--punishment (S Judy--36th)
HB 660 Agricultural Commodity Commission for Peanuts--no election if only one quali fies (Ag--21st)
HB 794 Trusts--revise, reorganize laws (Judy--40th)
HB 820 Development Authorities--use surplus funds for promoting industry (I&L--41st)
HB 324 Selling Property in Exchange for Criminally Derived Property--unlawful (Amendment) (S Judy--12th)
HB 823 Civil Actions--court costs (S Judy--28th)
HB 567 Conviction of Public Indecency Three or More Times--felony (S Judy--28th)
HB 739 Revised Uniform Limited Partnership Act--partner indemnification (S Judy--28th)
HR 348 Water Resource Conservation Management Study Committee--create (Nat R--14th)
HB 894 Radiation-Generating Equipment Licensee--posting of bond (Substitute) (H&HS--26th)
HB 36 Department of Administrative Services Paper Purchase--provisions on recycled paper (Gov Op--25th)
HB 670 Constitutional Amendments on Ballot--summary at polling place (Gov Op--4th)
HB 602 Local Governments--authorized investments of certain funds (I&L--12th)
HB 679 Prosecuting Attorneys' Council--compensation, certain personnel, on retirement (S Judy--16th)
HB 241 City/County Emergency Management--establish (Amendment) (D&VA--19th)
HB 731 Certain City Jails--full-time dispatcher as full-time jailer (Pub S--llth)
HB 427 General Assembly Member Oath of Office--authorize state court judge (Gov Op--25th)
HB 788 Special License Plate--armed forces veterans (Pub S--5th)
HB 533 Workers' Compensation--inclusions within meaning of "county" (Substitute) (I&L--10th)
HB 886 Vehicle Transporting Certain Substances--marked in certain way (Substitute) (Trans--21st)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 11, 1991.)

1976

JOURNAL OF THE SENATE

HB 187 Driver's License in Lieu of Bail--period valid (Judy--49th)
HB 188 Civil Action--process served by one who is not a party and over 18 years of age (S Judy--45th)
HB 772 Private Detective Business--license qualifications (Amendment) (Gov Op--25th)
HB 648 Surface Water Withdrawal, Diversion--abatement of violations (Amendment) (Nat R--20th)
HB 718 Atlanta Judicial Circuit Superior Court Chief Judge--repeal Act providing (Judy--29th)
HB 266 Agricultural Property Tax Assessment--covenant period (F&PU--44th)
HB 434 Fire Suppression Systems Installation--regulate (Gov Op--5th)
HB 454 Certain Law Enforcement, Firemen Disabled on Duty--indemnification provi sions (Substitute) (Gov Op--30th)
(Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1991.)
HB 389 Personal Care Homes--certain powers of hearing officers (H&HS--26th)
HR 332 Public Service Commission Members--appointed by Governor from certain nom inees (Judy--29th)
HB 334 Certain Tax, License Fee Payments--change provisions on check, money order (B&FI--8th)
HB 798 Individual, Corporation, Transacting Business in State--phone monitoring (Judy--22nd)
HB 785 Juvenile Traffic Offense--fines, jurisdiction, those under 17 years of age (S Judy--28th)
HB 626 Ordinance Violation in Unincorporated Areas--increase maximum fine (U&CA G--43rd)
HB 637 State Retirement System--change provisions on determination (Ret--5th)
HB 526 Traffic Markings--blue retroreflective pavement markings unlawful (Trans--1st)
HB 125 Community Service Sentence--no private gain of individuals (Substitute) (Corr--19th)
HB 140 Georgia Aviation Hall of Fame Overview Committee--create (ED&T--26th)
HB 383 Certain Check Cashers--revise surety bond requirements (B&FI--55th)
HB 760 Guardian of Beneficiary of U.S. Department of Veterans Affairs--compensation (S Judy--16th)
HB 436 Unclaimed Bonds Posted for Certain Cases--counties dispose of (S Judy--55th)
HB 671 Uniform Rules of the Road--apply to certain residential areas (Substitute) (Trans--4th)
Respectfully submitted,
/s/ Nathan Dean Chairman, Senate Rules Committee

WEDNESDAY, MARCH 13, 1991

1977

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

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.
Sseennate Sponsor: Sseennator DUawkins oft the 45th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Broun Burton 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

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Bowen Clay

Huggins Scott Shumake

Steinberg Timmons

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

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

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.
Senate Sponsor: Senator Ragan of the 10th.

1978

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 Broun Burton Coleman
Dawkm. s DDeeaaln
Echols Edge Egan
English Foster Gillis

Hammill Harris Hasty Henson Hill Hooks
Johnson KLaidndgford
Marable Moye Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey
Robinson
Stemb, erg
late Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bishop Bowen Clay

Garner Scott Shumake

Taylor 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.

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

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.

The House substitute to SB 349 was as follows:

A BILL
To be entitled an Act to provide for the determination of the millage rate by the gov erning authorities 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 certification of taxable values and millage rates by the tax commissioner of Cobb County; to provide for the adop-

WEDNESDAY, MARCH 13, 1991

1979

tion 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 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. 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 Cobb 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 gov erning authority for purposes of financing, in whole or in part, the county's, municipalities', or school systems' expenses for their fiscal years.
(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 Cobb 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 Cobb County, any municipality located wholly or par tially in Cobb County, and the school systems of the county and any such cities.
(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, 1992, and on or before such date each year thereafter, the chief tax assessor of Cobb County shall certify to the governing authority or provide an estimate of:
(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.

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Section 3. (a) No millage for the calendar year beginning in 1992 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 budget which requires the collection $___ in real estate property taxes. This represents an increase of ___ percent over last year's budget.
This increase is based upon a millage rate of ___ mills and an (estimated) (increase/ decrease) in the real estate property tax digest of ------ percent.
An average residential property with an assessed value of $100,000.00 last year will have a real estate property tax (increase/decrease) of ___ percent as compared to last year.
Due to variations in the assessment of individual properties, the percentage change in taxes on each property will depend on the change in its assessed value.
(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 Act shall not invalidate any tax bill.
Section 6. This Act shall become effective January 1, 1992.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 13, 1991

1981

Senator Newbill of the 56th moved that the Senate agree to the House substitute to SB 349.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 349.
The following general resolution of the House, having been read the third time and adopted on March 8, and reconsidered on March 11, and placed on the Senate Rules Calen dar for today, was put upon its adoption:

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 Sponsors: Senators Foster of the 50th and Alien of the 2nd.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.
On the adoption of the resolution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:

Albert Alien Baldwin Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard

Those not voting were Senators:

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

Bishop Bowen

Edge Langford

Timmons

On the adoption of the resolution, the yeas were 51, nays 0.

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

1982

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 537. By Representatives Jenkins of the 80th, Moultrie of the 93rd, Walker of the 113th and others: A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services.
Senate Sponsor: Senator Deal of the 49th.
The Senate Committee on Judiciary offered the following substitute to HB 537:
A BILL
To be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide that the clerks of the probate courts or the probate judges acting as clerks shall be authorized to consolidate or combine books, dockets, and indices; to authorize the use of electronic or automated methods or systems of record keep ing; to change the court costs for certain services; to change the fee for an application for a search or arrest warrant or a bad check citation; 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 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking Code Section 15-9-37, relating to duties of clerks or probate judges acting as clerks, in its entirety and inserting in lieu thereof the following:
"15-9-37. (a) It is the duty of clerks of the probate courts, or the judges of the probate courts acting as such:
(1) To issue all citations required by law and to administer all oaths incident to the business of the court;
(2) To grant temporary letters of administration;
(3) To grant marriage licenses;
(4) To issue all writs of fieri facias for costs on all judgments of the judge or other process necessary to enforce them;
(5) To issue subpoenas for witnesses and all similar process in connection with a trial;
(6) To issue any paper or process by order of the judge and bearing teste in his name;
(7) To keep fair and regular minutes of each session of the court entered in a suitable book and perform such other services as the judge may require; but any minutes, dockets, or other records required to be kept as records of the probate court under this paragraph or paragraph (8) of this Code section or under any other law may be combined into one or more suitable books, as the ends of justice require, but in any case shall be indexed, perma nent, economical, and accessible to the public;
(8) To keep in their offices a suitable book for each of the following purposes:
(A) Record of wills;
(B) Record of all letters of administration and guardianship;
(C) Record of all bonds given by administrators and guardians;
(D) Record of all appraisements, inventories, and schedules;
(E) Record of all accounts of sales;
(F) Record of all current accounts authorized to be made to the judge, together with the vouchers accompanying the same;

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1983

(G) Record of all marriage licenses and the returns thereon;
(H) Record of all official bonds required to be recorded in the office of the judge; and
(I) Docket in which to enter all applications and other proceedings, in the order they are made, which shall be called in like order at each session;
(9) To procure and preserve for public inspection a complete file of all newspaper issues in which their advertisements actually appear;
(10) To keep their books and papers arranged, filed, labeled, and indexed, as clerks are required to do;
(11) To give transcripts likewise as clerks are required to do, and when the judge of the probate court and the clerk are the same person, so to state in the certificates;
(12) To keep and maintain facilities for the filing of wills of persons who are still alive; and
(13) To perform any other duty required of them by law or which is indispensable to those required.
(b) Nothing in this Code section shall restrict or otherwise prohibit a clerk or a probate judge acting as such from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk or a probate judge acting as such be prohibited from com bining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized record-keeping method or system shall provide for the sys tematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk or a probate judge acting as such elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integ rity and security maintained."
Section 2. Said title is further amended by striking subsections (a), (b), and (c) of Code Section 15-9-60, relating to costs in the probate courts, in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows:
"(a) The judges of the probate courts are entitled to the following court costs for spe cific services:
(1) Temporary letters of administration:
Receiving applications; docketing and filing applications; services in determining neces sity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing; bond taking, approving, and filing; issuing oath; and issuing letters; ex cluding recording cost .......................................................$ 41.00
(2) Permanent letters of administration:
Receiving applications; docketing and filing applications; granting and issuing citation and copy for legal gazette; services in determining statutory compliance in publication of citation, residence, and intestacy of deceased, necessity for administration, and entitlement of petitioner or other nominee thereto; order of appointment; bond, taking, approving, and filing; issuing oath; and issuing letters; excluding recording cost ................. 49.00
(3) Cost of probating wills in common form:
Receiving and filing will; receiving application; docketing and filing application; hearing evidence on probate and determining issue of devisavit vel non; order of probate and ap pointing executor; and issuing letters; excluding recording cost .................... 38.00
(4) Cost of probating in solemn form:
Filing will for purpose of probating 'in solemn form'; receiving application; docketing and filing application; order for service, including all citations issued in connection there with; hearing evidence upon the probate and determining issue of devisavit vel non; order of

1984

JOURNAL OF THE SENATE

probate and appointing executor (or order denying same); oath of executor; and issuing let ters; excluding recording cost .................................................. 50.00
(5) Guardian ad litem (in probate of wills in solemn form and in all other proceedings where such is necessary):
Services in determining necessity for the appointment of guardian ad litem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost. .............................................................................. 6.00
(6) Letters of guardianship of minors (includes temporary and permanent guardian ships of the person or property):
Receiving application; docketing and filing application and issuing all necessary cita tions, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order appointing guardian; bond, taking, approving, and filing (per son or property); issuing oath; and issuing letters; excluding recording cost......... 41.00
(7) Year's support:
All services of the probate court (except sheriff service and advertising), excluding re cording cost.................................................................. 49.00
Recording certificate in superior court ....................................... 4.00
(8) Conveying or encumbering a year's support:
Whole service, excluding recording cost ..................................... 33.00
(9) Division in kind:
Receiving application; docketing and filing application; order appointing freeholders; commission to freeholders; and recording plat (see clerk's fees); excluding recording cost ......................................................................... 49.00
(10) Compromise claim:
Receiving application; docketing and filing application; services in hearing evidence for determination of the matter; and final order; excluding recording cost ........... 33.00
(11) Returns--Annual and final:
Receiving return; filing, docketing, and examining annual and final returns of executors, administrators, guardians, and trustees; oath; and order admitting, return to record:
Of all estates worth not more than $5,000.00, excluding recording cost ......... 20.00
Of all estates worth more than $5,000.00, excluding recording cost............. 25.00
(12) Dismission of administrator, executor, or guardian:
Receiving application; docketing and filing application; granting citation; services in de termining statutory compliance in publication of citation and entitlement of applicant to dismission; and issuing letters; excluding recording cost ........................ 31.00
(13) Habeas corpus:
Receiving application; docketing and filing application; issuance of writ; filing answer of respondent; excluding recording cost............................................ 31.00
(14) Order of title:
Receiving application; docketing and filing application; granting citation; hearing evi dence and determining matter; order; excluding recording cost .................... 22.00
(15) Establishment of lost papers:
Receiving application; docketing and filing application; granting citation or notice; or der; excluding recording cost................................................... 22.00

WEDNESDAY, MARCH 13, 1991

1985

(16) Constitutional homesteads:
For the whole service in setting apart of homestead of realty and personalty when not litigated ..................................................................... 25.00
Where objections are filed and heard, in addition to the proceedings. ........... 9.00
Surveyor, actual charge made (not included in fee base) ...................... ------
(17) Statutory homestead (pursuant to Code Section 44-13-100):
For whole services in setting apart short homestead exemption................ 16.00
(18) Nonwaiverable homestead exemption (pursuant to Code Section 44-13-42):
Short homestead, $300.00 limit.............................................. 5.00
(19) Mental illness (petition to determine the issue of hospitalization under Chapter 3 of Title 37):
For whole service in connection with each mental illness case ................. 56.00
For services when petition filed but subsequently withdrawn or dismissed before hearing ...................................................................... 30.00
(20) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent:
For whole service, including hearing ($45.00) and appointment of guardianship ($30.00)...................................................................... 94.00
(21) Inventory and appraisement: Whole service for inventory, excluding recording cost......................... 13.00
Whole service for appraisement, excluding recording cost ..................... 13.00
(22) Sale of realty, personalty, or perishable property under administration or guardianship:
Sale of perishable personalty, excluding recording cost ....................... 31.00
(23) Leave of sale of realty and nonperishable personalty: Public sale ............................................................... 31.00
Private sale .............................................................. 50.00
(24) Sale bill: Whole service for same, excluding recording cost.............................. 5.00
(25) No administration: Receiving application; filing and docketing same; granting and issuing citation and copy for legal gazette; service in determining statutory compliance in publication of citation, in testacy of decedent, his heirs and his being sui juris, property of decedent, no debts, and agreement to amicably divide estate, etc.; and issuing order of 'No Administration Neces sary'; excluding recording cost ................................................. 47.00
(26) Petition for attorney's fee:
Receiving application; filing and docketing the same; services in hearing and determin ing allegations of applications; and order; excluding recording cost. .............. 31.00
(27) Public safety patrol trial: Holding trial ............................................................. 10.00
Receiving written application for warrant .................................... 6.00
(28) Petition for change of birth certificate: Whole service for same .................................................... 30.00

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(b) The judges of the probate courts are entitled to the following court costs for general services:
(1) Recording, per page...................................................$ 1.50
(2) All pleadings, amendments, motions, etc., excluding recording cost per page 4.00
(3) Photostatic copies (for use as plain copies or as parts of cert, copies), per page . . ............................................................................... .25
(4) All contested hearings (uncontested hearings included in base fee), per day . 31.00
(5) All contested hearings (uncontested hearings included in base fee), per one-half day or less ....................................................................... 19.00
(6) Exemplified copies, base fee ............................................. 3.00
Cost per page .............................................................. .25
(c) The judges of the probate courts are entitled to the following court costs for miscel laneous services:
(1) Applicant to pay all publication costs of citations, notices, etc., at the usual legal rate, in all manner when such required. For receiving any application, petition, or case where no costs are prescribed ................................................$ 13.00
(2) For every case litigated before the judge of the probate court where no costs are prescribed, per day ........................................................... 31.00
(3) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half-day minimum charge ................................... 19.00
(4) For filing and docketing any application, petition, or case where no costs are prescribed.................................................................... 13.00
(5) For every order passed where no costs are prescribed (provided that no fee shall be charged for drawing checks, orders, drafts, or warrants on the county treasury or county depository).................................................................... 3.00
(6) For each affidavit where no case is pending before judge of the probate court . .50
(7) For issuing process against a person for not making return ................ 16.00
(8) For rule nisi .......................................................... 12.50
(9) For each subpoena...................................................... 1.00
(10) For hearing election contests, to be taxed as cost per day ................ 25.00
(11) For certificate of residency.............................................. 4.00
(12) For recording marks and brands ........................................ 4.00
(13) For bond when necessary............................................... 6.00
(14) For recording vouchers .................................................. .25
(15) Base fee for entering an appeal and transmitting the proceeding to superior court ......................................................................... 9.00
Cost per page of document ................................................. 1.50
(Provided, however, that where a transcript of the evidence and proceedings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence.)
(16) For filing and recording an official bond of county officers (to be paid by county) ....................................................................... 4.00
(17) For taking and recording oath of county officer (to be paid by county) ..... 4.00
(18) For each fi. fa. issued by the clerk of the probate court ................... 3.00

WEDNESDAY, MARCH 13, 1991

1987

(19) For seal and certificate................................................. 4.00
(20) Disabled veterans, certificate of eligibility, filing fee....................... 1.00
(21) For every explosive permit ............................................. 5.00
(22) For every peddler's license ............................................. 1.50
(23) For certified copy of letters of administration, letters testamentary, or guardian ship, including seal and certificate ............................................... 4.00
(24) For services in making settlement of accounts of executors, administrators, and guardians (when contested) .................................................... 31.00
(25) For registration of corporation, business profession, or commodity subject to spe cial tax, each .................................................................. 1.00
(26) For every pistol license issued ......................................... 15.00
(27) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box ................................................ 28.00
(28) For petition for removal or accounting by any fiduciary (whole service does not include costs of certified or registered mail, sheriffs service, or advertising; base cost does not include a certified copy) ................................................... 31.00
(29) For examining book and giving extract or fact that information sought is not therein........................................................................ 2.00
(30) For safekeeping a will.................................................. 5.00
(31) For petition to encroach if amount of encroachment is $500.00 or less ..... 9.00
(32) For petition to encroach over $500.00. .................................. 16.00
(33) For granting letters of administration CTA, DBN, or DBN-CTA, whole service ....................................................................... 56.00
(34) For granting letters to successor executor ............................... 38.00
(35) For petition to determine heirs ........................................ 50.00
(36) For petition to enter safe-deposit box .................................. 16.00
(37) For receiving marriage application, issuing marriage license, and recording (whole service) ...................................................................... 10.00
(38) For petition to accept funds for custody of minors, incompetents, and missing heirs (percentage of funds deposited) .................................................. 5%
(39) For every service required and performed where no fees are specified, the same fees allowed the clerks of the superior courts for similar services for a like amount of labor shall be allowed."
Section 3. Said title is further amended by striking Code Section 15-10-82, relating to the fee for hearing an application for a search or arrest warrant or a bad check citation, and inserting in lieu thereof the following:
"15-10-82. For hearing an application for an arrest or search warrant or bad check cita tion, the fee charged shall not exceed $10.00 but this fee may be waived by the issuing magistrate if he finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice."
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 33, nays 0, and the substitute was adopted.

1988

JOURNAL OF THE SENATE

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster

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 Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bishop

Johnson (excused conferee)

Bowen

Scott

Garner (excused conferee) Shumake

Timmons 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.

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.
Senate Sponsor: Senator Garner of the 30th.

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 Terrell Starr, Chairman

Senate Finance and Public Utilities Committee

FROM:

G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 25, 1991

SUBJECT: Fiscal Note--House Bill 280 (HB 280/FSFA) Certification of Electrical Utility Construction

WEDNESDAY, MARCH 13, 1991

1989

This bill requires integrated resource planning by electric utilities and certification by the Public Service Commission of certain increases and decreases in electrical power genera tion capacity (including the construction or sale of electric plants). The bill identifies proce dures for certification applications (and provides for application fees to be paid by utility companies), certification hearings, periodic reviews of projects, modifications or revocations of certificates, and rate modifications to recover costs.

The cost of this bill cannot be predicted since the level of implementation is not defined and could range from cursory reviews to in-depth research and extensive adversarial hear ings. However, the Public Service Commission (PSC) has presumed that to adequately im plement the bill's provisions would require approximately 40 additional employees and ad ditional consultant services costs for ongoing services which would total approximately $3.5 million annually plus an additional cost (estimated $2 million) for each Prudency review that might need to be performed to evaluate major construction projects. Review of the PSC cost estimates identified that they appeared consistent given historical cost patterns and the PSC's interpretation of their responsibilities under the bill.

Fees for certificates and amendments would need to be defined and collections would lag behind expenditures, but would be expected to eventually reimburse the state for a por tion of these costs. In addition, the Consumers' Utility Counsel has indicated that their participation in these activities would cost approximately $175,000 to $225,000 annually for additional staff and consultant fees.

/s/ G. W. Hogan State Auditor

/s/ Henry M. Huckaby Director, Office of Planning and Budget

The Senate Committee on Finance and Public Utilities offered the following substitute to HB 280:

A BILL
To be entitled an Act 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; to provide for definitions; to provide for an integrated resource plan, filings and contents thereof, hearings thereon, fees therefor, and action by the Public Service Commission thereon; to require certification prior to construction or sale of electric plants, long-term power purchases, expenditures for demand-side capacity options, and cer tain increases or decreases in capacity; to provide for applications for certificates and the contents thereof, fees therefor, and hearings thereon; to provide for a statement of intent; to provide for commission orders and failure to act; to provide for contents of and certain actions relating to certificates; to provide for certificate reexaminations and the powers of the commission and recovery rights of the utility with regard thereto; to provide for recov ery of construction costs, for ongoing review of construction and for revisions, actions by the commission relating to construction, and investment recovery; to provide for recovery of costs and other returns for plant construction, certificated power purchases, and demandside capacity options; to provide for sharing of certain benefits; to provide for the basis of commission decisions and judicial review thereof but otherwise limit relitigation; to provide for rates; to provide for presumptions; to limit certificate preemption of certain matters; to provide for inapplicability and exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

1990

JOURNAL OF THE SENATE

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 46 of the Official Code of Georgia Annotated, relating to public utilities, is amended by adding immediately following Chapter 3 a new Chapter 3A to read as follows:
"CHAPTER 3A
46-3A-1. As used in this chapter:
(1) 'Capacity resource* means an electric plant, a long-term power purchase, or a de mand-side capacity option.
(2) 'Commission' means the Georgia Public Service Commission.
(3) 'Construction' means clearing of land, excavation, or other substantial activity lead ing to the operation of an electric plant other than planning, land surveying, land acquisi tion, subsurface exploration, design work, licensing or other regulatory activity, contracting for construction, or environmental protection measures and activities associated therewith.
(4) 'Demand-side capacity option' means a program proposed by a utility or the com mission for the reduction of future electricity requirements the utility's Georgia retail cus tomers would otherwise impose, including, but not limited to, conservation, load manage ment, cogeneration, and renewable energy technologies.
(5) 'Electric plant' means any facility, or the portion of a facility, that produces electric ity or that, at the time application for certification is made pursuant to this chapter, is intended to produce electricity for a utility's Georgia retail customers. 'Electric plant* in cludes the realty and ancillary facilities for the construction of the plant.
(6) 'Long-term power purchase' means a purchase of electric capacity and energy for a period exceeding one year, the principal purpose of which is to supply the requirements of the Georgia retail customers of a utility.
(7) 'Plan' means an integrated resource plan which contains the utility's electric de mand and energy forecast for at least a 20 year period, contains the utility's program for meeting the requirements shown in its forecast in an economical and reliable manner, con tains the utility's analysis of all capacity resource options, including both demand-side and supply-side options, and sets forth the utility's assumptions and conclusions with respect to the effect of each capacity resource option on the future cost and reliability of electric ser vice. The plan shall also:
(A) Contain the size and type of facilities which are expected to be owned or operated in whole or in part by such utility and the construction of which is expected to commence during the ensuing ten years or such longer period as the commission deems necessary and shall identify all existing facilities intended to be removed from service during such period or upon completion of such construction;
(B) Contain practical alternatives to the fuel type and method of generation; of the proposed electric generating facilities and set forth in detail the reasons for selecting the fuel type and method of generation;
(C) Contain a statement of the estimated impact of proposed and alternative generating plants on the environment and the means by which potential adverse impacts will be avoided or minimized;
(D) Indicate in detail the projected demand for electric energy for a 20 year period and the basis for determining the projected demand;
(E) Describe the utility's relationship to other utilities in regional associations, power pools, and networks;
(F) Identify and describe all major research projects and programs which will continue or commence in the succeeding three years and set forth the reasons for selecting specific areas of research;

WEDNESDAY, MARCH 13, 1991

1991

(G) Identify and describe existing and planned programs and policies to discourage inefficient and excessive power use; and
(H) Provide any other information as may be required by the commission.
(8) 'Supply-side capacity option' means an electric plant, a long-term power purchase, or any other source of additional energy.
(9) 'Utility' means any electric supplier whose rates are fixed by the commission.
46-3A-2. (a) On or before January 31, 1992, and at least every three years thereafter as may be determined by the commission, each utility shall file with the commission an inte grated resource plan as described in this chapter.
(b) Not more than 60 days after a utility has filed its plan, the commission shall con vene a public hearing on the adequacy of the plan. At the hearing any interested person may make comments to the commission regarding the contents and adequacy of the plan. After the hearing, the commission shall determine whether:
(1) The utility's forecast requirements are based on substantially accurate data and an adequate method of forecasting;
(2) The plan identifies and takes into account any present and projected reductions in the demand for energy which may result from measures to improve energy efficiency in the industrial, commercial, residential, and energy-producing sectors of the state; and
(3) The plan adequately demonstrates the economic, environmental, and other benefits to the state and to customers of the utility, associated with the following possible measures and sources of supply:
(A) Improvements in energy efficiency;
(B) Pooling of power;
(C) Purchases of power from neighboring states;
(D) Facilities which operate on alternative sources of energy;
(E) Facilities that operate on the principle of cogeneration or hydro-generation; and
(F) Other generation facilities and demand-side options.
(c) Within 120 days after the filing of each integrated resource plan, the commission shall approve and adopt an integrated resource plan.
46-3A-3. (a) After January 31, 1992, no utility shall commence the construction of an electric plant, sell an existing plant or any portion thereof which is included in the retail rate base or which has been certified, enter into a long-term purchase of electric power, or make expenditures for a demand-side capacity option for serving the utility's Georgia retail customers without having first obtained from the commission a certificate that public conve nience and necessity requires, or will require, such construction, sale, purchase, or expenditure.
(b) No utility shall increase or decrease the capacity of:
(1) A generating unit of an electric power plant;
(2) A long-term power purchase; or
(3) A demand-side capacity option
by more than 15 percent of its demonstrated capacity in megawatts for serving the utility's Georgia retail customers without first obtaining a certificate or an amendment to a certifi cate, as appropriate, that public convenience or necessity requires or will require such in crease or decrease; provided, however, no certificate shall be required if the increase or de crease is caused by a rule, regulation, or law mandated by any duly constituted local, state, or federal governmental body or agency or is caused by power pooling, forced or mainte nance outages, or short-term sales for a period of less than one year.

1992

JOURNAL OF THE SENATE

46-3A-4. (a) The commission shall issue a certificate upon a finding that there is or will be a need for the proposed capacity resource at the time that the proposed resource is pro posed to be utilized to assure an economical and reliable supply of electric power and energy for the Georgia retail customers of a utility, that the certificate is required by the public convenience and necessity, and that the certificate complies with the provisions of this chap ter and the rules of the commission.
(b) The utility's application for a certificate shall be accompanied by its current inte grated resource plan, whether or not previously filed.
(c) The utility's application for a certificate shall contain a cost-benefit analysis cover ing the estimated useful life of all capacity resource options considered in developing its current integrated resource plan. The estimated cost of the capacity resource proposed to be certificated shall be presented in such reasonable detail as the commission may require.
46-3A-5. (a) A utility seeking a certificate or an amendment to a certificate shall make an application to the commission which contains the information required by this chapter.
(b) No sooner than 30 days after an application is made for a certificate or an amend ment, the commission shall conduct a public hearing on the application. Within 300 days after filing of the first such application and within 180 days after filing of each application thereafter, the commission shall issue an order adopting a forecast of future Georgia retail electricity requirements of the utility and describing in what manner the prospective certifi cate relates to the integrated resource plan and either granting the requested certificate or denying the requested certificate and authorizing a specific alternative means of supplying the requirements found by the commission to exist. Each certificate shall describe the ca pacity resource, its approximate construction or implementation schedule, and its approved cost. If the commission fails to so act within 300 days after the first such application has been made and within 180 days after each subsequent application has been made, the fore cast application and certificate shall be deemed granted by operation of law.
(c) Within 60 days after the filing of an integrated resource plan or an application has been made with the commission for a certificate or amendment, the commission shall estab lish a fee therefor and notify the applicant thereof. The fee amount so established shall be in an amount reasonably necessary to defray the expense of the commission in reviewing the plan or determining whether to grant the application, including but not limited to the ex pense of conducting any certification proceedings required for such application. The fee so established shall not be recoverable from ratepayers of the applicant if the application or certification is denied nor shall the fee for review of the plan or any subsequent amendment thereto be recoverable from ratepayers. Such fee must be remitted to the commission before the commission may take any further action upon the application. For purposes of any time periods established in subsection (b) of this Code section and subsection (c) of Code Section 46-3A-2, an application shall be deemed to have been filed only when the fee established therefor has been remitted to the commission. In the event a joint application is filed by more than one utility, a single such fee only shall be required. The funds assessed and col lected pursuant to this subsection shall be deposited in the state's general fund.
46-3A-6. Upon application of a utility or upon its own motion, the commission may reexamine any certificate granted under this chapter to determine whether new forecasts of future requirements require the modification of the construction, purchase, sale, or expendi ture for a certificated capacity resource. If upon such reexamination the commission finds that the certificated capacity resource is no longer needed or that any additional certificated capacity resource is needed to assure a reliable supply of electric power and energy for the utility's Georgia retail customers, the commission may modify or revoke the certificate. If the utility cancels, abandons, or increases some or all of the capacity resource as a result of such modification or revocation of the certificate, it may recover through any rate-making vehicle over a reasonable period of time, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct, the amount of its investment in such capacity resource, along with the cost of carrying the unamortized portion of that invest ment, net of actual salvage value, to the extent such investment is verified as made pursuant

WEDNESDAY, MARCH 13, 1991

1993

to the certificate. The commission shall disallow such investment and costs resulting from fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct.
46-3A-7. (a) So long as the commission has not modified or revoked the certificate for an electric plant under Code Section 46-3A-6 and to the extent the utility seeks to add to its rate base upon completion of the plant construction costs that do not exceed 100 percent of those approved by the commission under Code Section 46-3A-5, Code Section 46-3A-6, or subsection (b) of this Code section, that construction cost amount may be excluded from the rate base only on the basis of fraud, concealment, failure to disclose a material fact, impru dence, or criminal misconduct. Inclusion of costs in excess of 100 percent of those approved by the commission shall not be permitted unless shown by the utility to have been reasona ble and prudent.
(b) In addition to the review of the continuing need for an electric plant under con struction prescribed in Code Section 46-3A-6, the commission, upon its own motion, may conduct or the utility may request that the commission conduct an ongoing review of such construction as it proceeds. Every one to three years, or at such lesser intervals upon the direction of the commission or request of the utility, the applicant shall file a progress re port and any proposed revisions in the cost estimates, construction schedule, or project con figuration. Within 180 days of such filing, the commission shall verify and approve or disap prove expenditures made pursuant to the certificate and shall approve, disapprove, or modify any proposed revisions. If the commission fails to so act within 180 days after such filing, the previous expenditures and any proposed revisions shall be deemed approved by operation of law.
(c) If the commission verifies expenditures as made pursuant to a certificated capacity resource, that verification forecloses subsequent exclusion of those costs from the utility's rate base, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct.
(d) If the commission disapproves of all or part of the proposed revisions and the utility cancels construction of some or all of the facility as a result of the disapproval, the utility may recover through any rate-making vehicle over a reasonable period of time, absent fraud, concealment, failure to disclose a material fact, imprudence, or criminal misconduct, the amount of its actual investment, net of actual salvage value, in the partially completed por tion of the facility along with the cost of carrying the unamortized balance of that invest ment to the extent such investment is verified as made pursuant to the certificate.
46-3A-8. The approved or actual cost, whichever is less, of purchase of any certificated long-term power purchase shall be recovered in rates by the utility, along with an additional sum as determined by the commission to encourage such purchases. The commission shall consider lost revenues, if any, changed risks, and an equitable sharing of benefits between the utility and its retail customers.
46-3A-9. The approved or actual cost, whichever is less, of any certificated demand-side capacity option shall be recovered by the utility in rates, along with an additional sum as determined by the commission to encourage the development of such resources. The com mission shall consider lost revenues, if any, changed risks, and an equitable sharing of bene fits between the utility and its retail customers.
46-3A-10. In setting rates for any certificated capacity resource, the commission shall consider changed revenues and changed risks, if any. The commission's decision in any cer tification, recertification, modification, or construction review proceeding shall be based on evidence of record. Compliance with the provisions of the certificate as approved or modi fied by the commission shall result in a presumption of prudence. The commission's find ings, although subject to judicial review, shall not be subject to relitigation in any other proceeding; provided, however, the issuance of a certificate under this Code section shall not preempt any duly constituted local, state, or federal governmental body or agency from its regulation of environmental or safety matters incidental to construction of electric generat ing plants.

1994

JOURNAL OF THE SENATE

46-3A-11. This chapter shall not apply to any provider of wholesale or retail electric service whose rates are not fixed by the commission."
Section 2. This Act shall become effective on January 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Egan of the 40th moved that HB 280 be placed on the Table.

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

Those voting in the affirmative were Senators:

Bishop Burton Clay Collins Echols

Egan Kidd Newbill Olmstead Phillips

Ragan of 10th Ragan of 32nd Steinberg Thompson Timmons

Those voting in the negative were Senators:

Albert Alien Baldwin Br<>un Coleman

Harris Hasty Henson Hill Hooks

Ramsey Ray Robinson Scott Shumake

Edge English Foster Garner Gillis Hammill

Johnson Langford Marable Mye Perdue Perry Pollard

Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd White

Not voting was Senator Bowen.

On the motion, the yeas were 15, nays 40; the motion was lost, and HB 280 was not placed on the Table.

Senator Egan of the 40th offered the following amendment:

Amend the substitute to HB 280 offered by the Senate Committee on Finance and Public Utilities by striking on line 12, page 12, the word "January" and substituting the word "July".

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 Bishop
B^0" Coleman Collins Echols

Edge Egan
Harris Kidd Langford Newbill

Olmstead Phillips
Ragan of 32nd Steinberg Taylor Thompson

WEDNESDAY, MARCH 13, 1991

1995

Those voting in the negative were Senators:

Alien Baldwin Bowen Broun Dawkins Deal Dean English Foster Garner Gillis Hammill

Hasty Henson Hill Hooks Huggins Johnson Marable Moye Perdue Perry Pollard Ragan of 10th

Ramsey Ray Robinson Scott Starr Tate Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Not voting was Senator Shumake.

On the adoption of the amendment offered by Senator Egan of the 40th, the yeas were 19, nays 36, and the amendment was lost.

Senator Steinberg of the 42nd offered the following amendment:

Amend the substitute to HB 280 offered by the Senate Committee on Finance and Public Utilities by adding after "exemptions;" on line 28 of page 1 the following:
"to provide for legislative intent;".
By striking the quotation marks on line 10 of page 12 and inserting between lines 10 and 11 of page 12 the following:
"46-3A-12. The General Assembly recognizes the imminent need for the increased fund ing of the integrated resource planning and certification program to analyze properly the integrated resource plans and applications for certification of capacity resources filed with the commission. The General Assembly declares its intent to ensure that if the Public Ser vice Commission establishes an application fee that is reasonable, the fee that is provided by the applicant will be used to implement the integrated resource planning and certification program of the Public Service Commission. The General Assembly further declares its in tent that such funding may be used to carry out all aspects of the integrated resource plan ning and certification program, including, but not limited to, the employment of personnel, fees or expenses to be paid for consultants, and the acquisition of equipment and supplies.'"

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:

Bishop Burton Clay Collins Echols Edge

Egan Gillis Henson Kidd Langford Newbill

Phillips Ragan of 32nd Scott Steinberg Taylor Thompson

Those voting in the negative were Senators:

Albert Alien

Baldwin Bowen

Broun Coleman

1996

JOURNAL OF THE SENATE

Dawkins Deal Dean English oster
Hu rlaam"rrim6s1i.l,l. Hasty Hill Hooks

Huggins Johnson Marable Moye Olmstead
P_Peerrdrvue Pollard Ragan of 10th Ramsey

Ray Robinson Shumake Starr Tate
T_Tiumrnmeor ns Tysinger Walker of 43rd White

Not voting was Senator Walker of the 22nd.

On the adoption of the amendment offered by Senator Steinberg of the 42nd, the yeas were 18, nays 37, and the amendment was lost.

Senator Kidd of the 25th offered the following amendment:

Amend the substitute to HB 280 offered by the Senate Committee on Finance and Public Utilities by adding on line 33 on page 11 the word "not" after the word "shall" so that the sentence reads:
"Compliance with the provisions of the certificate as approved or modified by the com mission shall not result in a presumption of prudence."

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:

Bishop Burton
Clay
Collins Echols Edge Egan

Harris Johnson
Kidd
Langford Newbill Olmstead Phillips

Ragan of 10th Ragan of 32nd
Scott
Shumake Steinberg Thompson Walker of 43rd

Those voting in the negative were Senators:

Albert Alien Baldwin Bowen Brun Coleman Djjaewankins
English
Foster Garner
Gillis

Hammill Hasty Henson Hill Hooks Huggim ,M.a8ra6b,.le
Mye
Perdue Perry
Pollard

Ramsey Ray Robinson Starr Tate Taylor T_.immons
Turner
Tysinger Walker of 22nd
White

Not voting was Senator Deal.

On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 21, nays 34, and the amendment was lost.

WEDNESDAY, MARCH 13, 1991

1997

Senator Collins of the 17th offered the following amendment:

Amend the substitute to HB 280 offered by the Senate Committee on Finance and Public Utilities as follows:
On page 9, line 4, change "may" to "shall";
On page 9, line 16, strike "modification"; and
On page 9, line 17, strike "or".

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:

Bishop Bowen p, Collins Echols

Edge Egan Kidd Newbill Olmstead

Phillips Ragan of 32nd Shumake Thompson White

Those voting in the negative were Senators:

Albert Alien Baldwin
BCoroleumn an
p*j Dean English Foster Garner Gillis Hammill Harris

Hasty Henson Hill
HHuogogkisng
Johnson Langford Marable Moye Perdue Perry Pollard Ragan of 10th

Ramsey Ray Robinson
SSctaortrt
Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd

On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 16, nays 40, and the amendment was lost.

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 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 Coleman

Dawkins Deal Dean Edge English Foster

Garner Gillis Hammill Harris Hasty Henson

1998

JOURNAL OF THE SENATE

Hill Hooks Huggins Johnson Langford Marable Moye
Olmstead
Perdue

Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott
Shumake
Starr

Tate Taylor Timmons Turner ,,, . Tysmger Walk<* of 22nd
Walker of 43rd
White

Those voting in the negative were Senators:

Bishop Burton Clay Collins

Echols Egan Kidd Newbill

Phillips Ragan of 32nd Steinberg Thompson

On the passage of the bill, the yeas were 44, nays 12.

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

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.
Senate Sponsor: Senator Egan of the 40th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Barton 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 Robinson Scott T
Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

WEDNESDAY, MARCH 13, 1991

1999

Those not voting were Senators:

Garner Phillips

Shumake Starr

Steinberg 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 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 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.
The Speaker has appointed on the part of the House, Representatives Byrd of the 153rd, Watson of the 114th and Griffin of the 6th.
The House has disagreed to the Senate substitute to 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 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.
The House has disagreed to the Senate amendment to the following bill of the House:

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.
The House has passed by the requisite constitutional majority the following bills of the House:

HB 1040. By Representatives Campbell of the 23rd, Felton of the 22nd and McKinney of the 40th:
A bill to reincorporate the City of Roswell in the County of Fulton, so as to change the corporate limits of said city.

2000

JOURNAL OF THE SENATE

HB 1051. By Representatives Meadows of the 91st, Jones of the 71st, Ware of the 77th and Flynt of the 75th: A bill to amend an Act creating and establishing the Newnan-Coweta County Airport Authority, so as to change the composition of the membership of such authority.
HB 1052. By Representatives Alford of the 57th, Henson of the 57th and Irwin of the 57th: A bill to create the Rockdale County Recreational Authority.
HB 1053. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th: A bill to create the Board of Elections and Registration of Rockdale County.
HB 1054. By Representatives Bordeaux of the 122nd, Hamilton of the 124th, Mueller of the 126th, Merritt of the 123rd, Kingston of the 125th and others: A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act pro viding for the compensation of certain officials in Chatham County, so as to de lete the provisions relating to compensation of judges of the State Court of Chat ham County.
HB 1055. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th: A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.
HB 1056. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th: A bill to provide that the chairman of the Board of Education of Bartow County shall be selected by the board on an annual basis as provided by board policy.
HB 1058. By Representative Ray of the 98th: A bill to provide for filling vacancies in certain membership positions on the board of the Peach County Hospital Authority.
HB 1059. By Representative Edwards of the 112th: A bill to amend an Act establishing a board of commissioners of Taylor County, so as to change the compensation of the chairman and the members of said board.
The House has passed by the requisite constitutional majority the following bills of the Senate:
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.
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

WEDNESDAY, MARCH 13, 1991

2001

vacancies, compensation, qualifications, prohibitions, and removal from office rel ative to members of such governing authority.
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.
The House has disagreed to the Senate substitute to the following bill of the House:
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 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 following bills of the House were read the first time and referred to committee:
HB 1040. By Representatives Campbell of the 23rd, Felton of the 22nd and McKinney of the 40th: A bill to reincorporate the City of Roswell in the County of Fulton, so as to change the corporate limits of said city.
Referred to Committee on Urban and County Affairs.
HB 1051. By Representatives Meadows of the 91st, Jones of the 71st, Ware of the 77th and Flynt of the 75th: A bill to amend an Act creating and establishing the Newnan-Coweta County Airport Authority, so as to change the composition of the membership of such authority.
Referred to Committee on Urban and County Affairs.
HB 1052. By Representatives Alford of the 57th, Henson of the 57th and Irwin of the 57th: A bill to create the Rockdale County Recreational Authority.
Referred to Committee on Urban and County Affairs.
HB 1053. By Representatives Alford of the 57th, Irwin of the 57th and Henson of the 57th: A bill to create the Board of Elections and Registration of Rockdale County.
Referred to Committee on Urban and County Affairs.
HB 1054. By Representatives Bordeaux of the 122nd, Hamilton of the 124th, Mueller of the 126th and others: A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act pro viding for the compensation of certain officials in Chatham County, so as to de lete the provisions relating to compensation of judges of the State Court of Chat ham County.
Referred to Committee on Urban and County Affairs.

2002

JOURNAL OF THE SENATE

HB 1055. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.
Referred to Committee on Urban and County Affairs.

HB 1056. By Representatives Pettit of the 19th, McKelvey of the 15th and Childers of the 15th:
A bill to provide that the chairman of the Board of Education of Bartow County shall be selected by the board on an annual basis as provided by board policy.
Referred to Committee on Urban and County Affairs.

HB 1058. By Representative Ray of the 98th:
A bill to provide for filling vacancies in certain membership positions on the board of the Peach County Hospital Authority. Referred to Committee on Urban and County Affairs.

HB 1059. By Representative Edwards of the 112th:
A bill to amend an Act establishing a board of commissioners of Taylor County, so as to change the compensation of the chairman and the members of said board.
Referred to Committee on Urban and County Affairs.

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

HB 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.
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 Clay Coleman Collins Dawkins

Deal Dean Echols Edge Egan Foster Gillis Harris Henson Hill Hooks

Huggins Johnson Kidd Langford Moye Newbill Olmstead Perdue Perry Phillips Pollard

WEDNESDAY, MARCH 13, 1991

2003

Ragan of 10th Ragan of 32nd Ramsey Ray
Robinson

Scott Steinberg Taylor Thompson
Timmons

Turner Tvsinger
** Walker of 43rd
White

Voting in the negative were Senators Hasty and Marable.

Those not voting were Senators:

English Garner Hammill

Shumake Starr

Tate 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.

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.
Senate Sponsor: Senator Robinson of the 16th.

Senator Pollard of the 24th offered the following amendment:

Amend HB 774 by inserting on line 7 of page 1 after the word and symbol "practice;" the following:
"to provide an exception;".
By inserting on line 24 of page 1 after the word "plan" the following:
"; provided, however, it shall not be considered a misleading or deceptive practice to waive such a deductible or copayment if the waiver is based on such evaluation of the indi vidual patient and is not a regular business practice of the person providing health care

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin 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 Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake

2004

JOURNAL OF THE SENATE

Tate Taylor Thompson

Timmons Turner Tysinger

Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Alien Bishop

Ramsey

Steinberg

Those not voting were Senators:

Egan

Phillips

Starr

Newbill

On the adoption of the amendment offered by Senator Pollard of the 24th, the yeas were 48, nays 4, and the amendment was adopted.

Senator Olmstead of the 26th offered the following amendment:

Amend HB 774 by adding a new section on page 1 between lines 24 and 25 to read as follows:
"Section 2. 43-11-50. Any person who practices dentistry in this state without obtaining a license to practice from the board shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $500.00 nor more than $1,000.00 or by imprison ment from two to five years, or both."
Renumber "Section 2" to read "Section 3".

On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun Burton
X ,y .man
Echols Edge Egan English Foster Garner Gillis

Hammill Hasty Henson Hill Hookg
Huggins Kidd
Langford Marable Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson
Scott Shumake Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those voting in the negative were Senators:

Alien Bishop

Harris

Steinberg

Those not voting were Senators:

Dawkins Dean

Johnson Ramsey

Starr Walker of 22nd

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2005

On the adoption of the amendment offered by Senator Olmstead of the 26th, the yeas were 46, nays 4, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Henson Hill Hooks Kidd Langford Marable Moye Newbill Olmstead Perdue Perry

Phillips Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative were Senators Deal and Steinberg.

Those not voting were Senators:

Garner (excused conferee) Johnson (excused conferee) Ramsey

Huggins

Pollard

Starr

On the passage of the bill, the yeas were 48, nays 2.

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

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.
Senate Sponsor: Senator Deal of the 49th.

The Senate Committee on Judiciary offered the following substitute to HB 455:

A BILL
To be entitled an Act to amend Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, so as to mandate payment of witness fees in criminal and civil cases to certain state law enforcement officers; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 10 of Title 24 of the Official Code of Georgia Annotated, relating to securing witnesses and preservation of evidence, is amended by striking subsection (a) and paragraph (1) of subsection (b) of Code Section 24-10-27, relating to witness fees for law enforcement officers, in its entirety and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) Notwithstanding any other provision in this article, any member of a municipal or county police force or any deputy sheriff or any campus policeman as denned in Code Sec tion 20-8-1 or a member of a local fire department who shall be required by writ of sub poena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness fees shall be en dorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The chief of police, the sheriff, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day."
"(1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of a municipal or county police force or any deputy sheriff or any campus policeman as defined in Code Section 20-8-1 or any arson investigator of the state fire marshal's office or a member of a local fire department who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness con cerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attend ance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regu lar duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The chief of police, the sheriff, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours."
Section 2. Said chapter is further amended by adding a new Code Section 24-10-27.1 to read as follows:
"24-10-27.1 (a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol or Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as pro vided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned,

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2007

shall be paid for such attendance at a fixed rate to be established by the governing author ity, but not less than $20.00 per diem. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The Director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the superintendent of the institution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due shall be paid by the governing body authorized to dispense public funds for the operation of the court. How ever, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.
(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, any correctional officer, or any arson investigator of the state fire marshal's office who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, shall be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance pro vided in Code Section 24-10-24 when such officer resides outside the county where the testi mony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the party obtaining the subpoena. The director of the Georgia Bureau of Investigation or his designees, the com manding officer of the Georgia State Patrol or his designees, the superintendent of the insti tution, or the state fire marshal shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours.
(2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton

Clay Coleman Collins Dawkins Deal Dean Echols

Edge Egan English Foster Garner Gillis Hammill

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Harris Hasty Henson Hill Hooks 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 43rd White

Those not voting were Senators:

Huggins Johnson

Shumake Tate

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.

Senator Garner of the 30th moved that the Senate stand in recess until 1:30 o'clock P.M., and the motion prevailed.

At 12:20 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., the President called the Senate to order.

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

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.
Senate Sponsor: Senator Hooks of the 14th.

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

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

Those voting in the affirmative were Senators:

Baldwin Broun Burton Clay Dawkins DDeeaaln
Echols
Egan
English
Harris
Hasty

Henson Hill Hooks Huggins Kidd MMoayraeble
Newbill
Olmstead
Perdue
Perry
Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Scott S<ahiu,.m,__ait,e_
Steinberg
Thompson
Timmons
Turner
Tysinger

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2009

Those not voting were Senators:

Albert Alien Bishop Bowen Coleman Collins Edge

Foster Garner (excused conferee) Gillis Hammill Johnson (excused conferee) Langford Phillips

Robinson Starr Tate Taylor Walker of 22nd Walker of 43rd White

On the adoption of the resolution, the yeas were 35, nays 0.

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

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

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.

Senator Perry of the 7th moved that the Senate insist upon the Senate substitute to HB 605.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 605.

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

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.

The House substitute to SB 370 was as follows:

A BILL
To be entitled an Act 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 children and youth, so as to create the Children and Youth Coordinating Council as a successor to the Juvenile Justice Coordinating Council and the Commission on Children and Youth; to provide for legislative intent and change the provisions relating thereto; to change certain definitions; to provide for the membership, chairman, qualifications, appointment, terms, powers, and duties of the Children and Youth Coordinating Council; to provide for vacancies; to provide for expense allowances and expenses of members; to provide for officers and bylaws; to provide for an executive director and personnel of the council and their powers, duties, and authority; to provide for the powers and duties of the council; to provide for the assignment of the com mission for administrative purposes; to provide for the legislative policy and intent; to

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change the provisions relating to implementation of Part 2 of Article 6 of Chapter 5 of Title 49; to change the provisions relating to the purchase of care or services from public or pri vate agencies; to change the provisions relating to annual reports; to change the provisions relating to the study of youth needs; to change the provisions relating to recipient entities for federal grants; to change the provisions relating to pilot projects, strategic planning, and comprehensive reform; to change the references to the Juvenile Justice Coordinating Coun cil and the Commission on Children and Youth; to repeal Article 7 of Chapter 5 of Title 49, relating to the Commission on Children and Youth; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 35-6A-3 of the Official Code of Georgia Annotated, relating to membership of the Criminal Justice Coordinating Council, is amended by striking para graph (1) of subsection (a) of said Code section and inserting in lieu thereof a new para graph (1) to read as follows:
"(1) The chairman of the Georgia Peace Officer Standards and Training Council, the chairman of the Georgia Organized Crime Prevention Council, the chairman of the Judicial Council of Georgia, the chairman of the Prosecuting Attorneys' Council, the commissioner of corrections, the chairman of the Board of Corrections, the vice-chairman of the Board of Public Safety, the chairman of the State Board of Pardons and Paroles, the State School Superintendent, the commissioner of community affairs, the president of the Council of Ju venile Court Judges, the chairman of the Children and Youth Coordinating Council, and the director of the Division of Youth Services of the Department of Human Resources or their designees shall be ex officio members of the council, as full voting members of the council by reason of their office;".
Section 2. Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to programs and protection for children and youth, is amended by striking Code Section 49-5130, relating to legislative intent, which reads as follows:
"49-5-130. The General Assembly declares its intent to reduce the number of children committed by the courts for delinquent acts to institutions operated by the Division of Youth Services of the Department of Human Resources or other state agencies. The intent of this article is to provide for the effective coordination of the state's juvenile justice system and in particular to provide a comprehensive plan for the development of community-based alternatives so that children who have committed delinquent acts may not have to be com mitted to a state detention facility. Additionally, it is the intent of this article to provide noninstitutional disposition options in any case before the juvenile court where such disposi tion is deemed to be in the best interest of the child and the community.",
and inserting in lieu thereof a new Code Section 49-5-130 to read as follows:
"49-5-130. The General Assembly finds that appropriate services to children and youth are vitally important for the future of this state. The intent of this article is to provide for the effective coordination and communication between providers of children and youth ser vices and juvenile justice systems at all levels of state government. The General Assembly further declares its intent to reduce the number of children committed by the courts to institutions operated by the Department of Human Resources or other state agencies; and to provide a preventative, comprehensive plan for the development of community based alternatives so that children who have committed delinquent acts and children who are at risk of becoming dependents of state government and its institutions may not have to be committed to a state detention facility or other such facility. Additionally, it is the intent of this article to provide for noninstitutional disposition options in any case before the juvenile court where such disposition is deemed to be in the best interest of the child and of the community."
Section 3. Said chapter is further amended by striking Code Section 49-5-131, relating to definitions, and inserting in lieu thereof a new Code Section 49-5-131 to read as follows:

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2011

"49-5-131. As used in this article, the term:
(1) 'Council' means the Children and Youth Coordinating Council created pursuant to Code Section 49-5-132.
(2) 'Delinquent act' means an act denned in paragraph (6) of Code Section 15-11-2; provided, however, that such term shall not include a 'designated felony act' as such term is defined in paragraph (2) of subsection (a) of Code Section 15-11-37.
(3) 'Director' means the executive director of the Children and Youth Coordinating Council."
Section 4. Said chapter is further amended by striking Code Section 49-5-132, relating to the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Sec tion 49-5-132 to read as follows:
"49-5-132. (a) There is created the Children and Youth Coordinating Council which shall consist of 23 members who have training, experience, or special knowledge concerning the prevention and treatment of child abuse and neglect, emotional disability, foster care, teenage pregnancy, juvenile delinquency, law enforcement, pediatrics, health care, drug treatment and rehabilitation, primary education, or the administration of juvenile justice. The council shall have members who represent business groups or businesses who employ youth. At least one-fifth of the members shall be under the age of 24 at the time of their appointment and at least three members shall have been or shall currently be under the jurisdiction of the juvenile justice system or the foster care system. A majority of the mem bers, including the chairman, shall not be full-time employees of federal, state, or local gov ernments. At least one member of the council shall reside in each congressional district in this state. Twenty-one members including the chairman shall be appointed by the Governor, one member shall be appointed by the President of the Senate, and one member shall be appointed by the Speaker of the House of Representatives. The terms of all members of the Juvenile Justice Coordinating Council in office prior to July 1, 1991, shall expire on such date. Successors to such members shall be appointed as members of the Children and Youth Coordinating Council for terms of office beginning on July 1, 1991. Ten members appointed by the Governor shall have initial terms of two years and 11 of such members shall have initial terms of four years. The members appointed by the President of the Senate and the Speaker of the House of Representatives shall have initial terms of four years. Thereafter, the terms of all members shall be for four years and until their successors are appointed and qualified.
(b) All appointments to the council shall become effective on July 1. In the event of death, resignation, disqualification, or removal for any reason of any member of the council, the vacancy shall be filled in the same manner as the original appointment and the succes sor shall serve for the unexpired term.
(c) Membership on the council does not constitute public office and no member shall be disqualified from holding public office by reason of his membership on the council.
(d) Members of the council shall serve without compensation, except that each member who is not a state officer or state employee shall receive the same expense allowance per day as that received by a member of the General Assembly for each day such member of the council is in attendance at a meeting of such council, plus either reimbursement for actual transportation costs while traveling by public carrier or the same mileage allowance for use of a personal car in connection with such attendance as members of the General Assembly receive.
(e) The council shall elect its own officers and make such bylaws for its operation as may be necessary or appropriate."
Section 5. Said chapter is further amended by striking Code Section 49-5-133, relating

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to the executive director of the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Section 49-5-133 to read as follows:
"49-5-133. (a) There shall be an executive director of the Children and Youth Coordi nating Council who shall be appointed by and serve at the pleasure of the Governor.
(b) The director may contract with other agencies, public or private, or persons as the director deems necessary for the rendering and affording of such services, facilities, studies, research, and reports to the council as will best assist it to carry out its duties and responsibilities.
(c) The director may employ such other professional, technical, and clerical personnel as deemed necessary to carry out the purposes of this article."
Section 6. Said chapter is further amended by striking Code Section 49-5-134, relating to powers and duties of the Juvenile Justice Coordinating Council, and inserting in lieu thereof a new Code Section 49-5-134 to read as follows:
"49-5-134. (a) The council is vested with the following authority:
(1) To carry out the prevention and community based service programs provided for in Part 2 of this article;
(2) To cooperate with and secure cooperation of every department, agency, or instru mentality in the state government or its political subdivisions in the furtherance of the pur poses of this article;
(3) To prepare, publish, and disseminate fundamental child related information of a descriptive and analytical nature to all components of the children's service system of this state, including, but not limited to, the juvenile justice system;
(4) To serve as a state-wide clearing-house for child related information and research;
(5) In coordination and cooperation with all components of the children's service sys tems of this state, to develop legislative proposals and executive policy proposals reflective of the priorities of the entire child related systems of this state, including, but not limited to, juvenile justice systems;
(6) To serve in an advisory capacity to the Governor on issues impacting the children's service systems of this state;
(7) To coordinate high visibility child related research projects and studies with a state wide impact, which studies and projects cross traditional system component lines;
(8) To provide for the interaction, communication, and coordination of all components of the children's service systems of the state and to provide assistance in establishing state wide goals and standards in the system;
(9) To provide for the effective coordination and communication between providers of children and youth services, including pediatrics, health, mental health, business and indus try, and all components of the social services, education, and educational services;
(10) To encourage and facilitate the establishment of local commissions or coalitions on children and youth and to facilitate the involvement of communities in providing services for their children and youth;
(11) To administer federal assistance funds for the purposes mentioned in this subsec tion, including but not limited to funds under the Juvenile Justice and Delinquency Preven tion Act;
(12) To review and develop an integrated state plan for services provided to children and youth in this state through state programs;
(13) To provide technical assistance and consultation to members of the council and local governments, particularly those involved in providing services to their children and youth;

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(14) To facilitate elimination of unnecessary or duplicative efforts, programs, and ser vices; and
(15) To do any and all things necessary and proper to enable it to perform wholly and adequately its duties and to exercise the authority granted to it.
(b) Notwithstanding any provision in this article to the contrary, the council shall not exercise any power, undertake any duty, or perform any function assigned by law to the Governor, the Attorney General, or any of the prosecuting or investigatory agencies at the state or local level."
Section 7. Said chapter is further amended by striking Code Section 49-5-135, relating to assignment of the council for administrative purposes, and inserting in lieu thereof a new Code Section 49-5-135 to read as follows:
"49-5-135. (a) The council shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section 50-4-3. The council shall operate in conjunction with and in cooperation with the operations of the Criminal Justice Coordi nating Council.
(b) The council shall prepare a budget request in the same manner as any such request would be prepared by a budget unit in accordance with Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act,' and a separate appropriation shall be provided for the council in the General Appropriations Act. The council is authorized to accept and use gifts, grants, and donations for the purpose of carrying out this article. The council is also authorized to accept and use property, both real and personal, and services for the purpose of carrying out this article. Any funds, property, or services received as gifts, grants, or donations shall be kept separate and apart from any funds received by the Office of Planning and Budget; and such funds, property, or services so received by gifts, grants, or donations shall be the prop erty and funds of the council and, as such, shall not lapse at the end of each fiscal year but shall remain under the control of and subject to the direction of the council to carry out this article."
Section 8. Said chapter is further amended by striking Code Section 49-5-150, relating to legislative policy and intent, and inserting in lieu thereof a new Code Section 49-5-150 to read as follows:
"49-5-150. The policy and intent of the General Assembly in delinquency and other child related problems and community based services can be summarized as follows:
(1) Such programs should be planned and organized at the community level within the state, and such planning efforts should include appropriate representation from local gov ernment, local agencies serving families and children, both public and private, local business leaders, citizens with an interest in youth problems, youth representatives, and others as may be appropriate in a particular community. The role of the state should be to provide technical assistance, access to funding, program information, and assistance to local leader ship in appropriate planning;
(2) When a child is adjudicated to be within the jurisdiction of the juvenile court or other state agencies, such child should be carefully evaluated through the available commu nity-level resources including a comprehensive team of mental health providers, social ser vices providers, public health and other available medical providers, public schools, and others, as appropriate, prior to the juvenile hearing dealing with disposition so that the disposition of the court may be made with an understanding of the needs of the child and after consideration of the resources available to meet those needs;
(3) It is contrary to the policy of the state for a court to separate a child from his or her own family or commit a child to an institution without a careful evaluation of the needs of the child;
(4) The General Assembly finds that state and local government should be responsive to the need for community based services which would provide an alternative to commitment to an institution. The General Assembly intends that state government should be responsive

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to this need through the council by helping public and private local groups to plan, develop, and fund community based programs, both residential and non residential;
(5) It is the intent of the General Assembly that the council develop a funding mecha nism that will provide state support for programs that meet the standards developed under the provisions of this part."
Section 9. Said chapter if further amended by striking Code Section 49-5-151, relating to implementation of Part 2 of Article 6 of Chapter 5 of Title 49, and inserting in lieu thereof a new Code Section 49-5-151 to read as follows:
"49-5-151. It shall be the duty of the council to arrange for the implementation of this part as follows:
(1) To assist local governments and private service agencies in the development of com munity based programs and to provide information on the availability of potential funding sources and to provide whatever assistance may be requested in making application for needed funding;
(2) To approve yearly program evaluations and to make recommendations to the Gen eral Assembly concerning continuation funding that might be supported by that evaluation;
(3) To approve program evaluation standards by which all programs developed under the provisions of this part may be objectively evaluated. Such standards as may be devel oped for the purpose of program evaluation shall be in addition to any current standards as may be applicable under the existing authority of the department. Minimum operating stan dards as well as program evaluation standards as may be needed for new program models designed to fulfill the intent of this part may be developed at the discretion of the council;
(4) To develop a formula for funding on a matching basis community based services as provided for in this part. This formula may be based upon a county's or counties' relative ability to fund community based programs for children and youth. Local governments re ceiving state matching funds for programs under the provisions of this part must maintain the same overall level of effort that existed at the time of the filing of the county assessment of youth needs with the council;
(5) To provide yearly program evaluation of the effectiveness of delinquency and other prevention programs and community based services developed or supported under provi sions of this part;
(6) To develop a program to coordinate the resources of state government within the appropriate departments to provide technical assistance to local areas within the state to assist them in planning delinquency and other prevention programs and community based services for youth, including but not limited to the following:
(A) Study local youth needs;
(B) Gather data on children within the jurisdiction of the state systems;
(C) Evaluate resources for providing services or care to these children;
(D) Provide information about various program models which might be appropriate in relation to the needs of children and youth;
(E) Help in planning for evaluation; and
(F) Provide such other assistance as may be appropriate;
(7) To encourage the development of delinquency and other prevention programs and community based services by private groups so that:
(A) Such programs can be responsive to local needs;
(B) Local leadership and private groups can be responsible for their programs;
(C) Programs which meet state standards can be assisted by state and federal funding; and

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(D) Available private funds can be appropriately utilized along with available state and federal funds;
(8) To provide for the development of programs which have a plan for evaluation from the beginning so that successful program models can be replicated as appropriate; and
(9) To provide for the development of delinquency and other prevention programs and community based services under public auspices where there is no local private leadership."
Section 10. Said chapter is further amended by striking Code Section 49-5-152, relating to the purchase of care or services from public or private agencies, and inserting in lieu thereof a new Code Section 49-5-152 to read as follows:
"49-5-152. The council and any other appropriate state or local agency are authorized to purchase care or services from public or private agencies providing delinquency or other prevention programs or community based services, provided the program meets the state standards as authorized by Code Section 49-5-151."
Section 11. Said chapter is further amended by striking Code Section 49-5-153, relating to annual reports, and inserting in lieu thereof a new Code Section 49-5-153 to read as follows:
"49-5-153. The council shall prepare an annual report on the progress of the community based programs of this state which shall include the most current institutional and out-ofhome placement populations of children being served by the various departments of state government and which shall include comparative costs of all children-serving agencies. Such report shall be submitted to the Governor, the General Assembly, and the various state departments providing services to children."
Section 12. Said chapter is further amended by striking Code Section 49-5-154, relating to the study of youth needs, and inserting in lieu thereof a new Code Section 49-5-154 to read as follows:
"49-5-154. The governing authority of each participating county shall establish a local advisory group which includes representation from each component of the local children's services systems and other interested parties. The advisory group shall appraise the council on the needs of children and youth in its community giving particular attention to the need for prevention programs and community based services, residential or nonresidential, which would provide an alternative to commitment to or placement or custody in the Department of Human Resources and placement in a youth development center, foster home, or any other institution. Such appraisal shall be made annually and in writing. The governing au thority of the county may request technical assistance from the council in conducting such study.
Section 13. Said chapter is further amended by striking subsection (b) of Code Section 49-5-155, relating to effect on the Division of Youth Services and the council as the recipient entity for federal grants, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) Other than the divisions of the Department of Human Resources, the Children and Youth Coordinating Council created pursuant to Code Section 49-5-132 shall be the only other authorized controlling recipient entity for grants under the United States Department of Justice Juvenile Justice Delinquency and Prevention Grants."
Section 14. Said chapter is further amended by striking subsection (b) of Code Section 49-5-203, relating to pilot projects, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) The Department of Human Resources, in cooperation with the Department of Ed ucation, Department of Labor, Department of Medical Assistance, Children and Youth Co ordinating Council, shall designate pilot projects made up of one or more counties to test the feasibility and efficiency of a joint (intradepartmental and interdepartmental) assess-

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ment, evaluation, placement, and case management system for children coming before the juvenile court or placed in the custody of the state."
Section 15. Said chapter is further amended by striking subsections (b) and (c) of Code Section 49-5-205, relating to strategic planning and pilot projects, and inserting in lieu thereof new subsections (b) and (c) to read as follows:
"(b) The General Assembly directs the commissioner of the Department of Human Re sources in conjunction with the Department of Community Affairs, the Association County Commissioners of Georgia, the Georgia Municipal Association, and the Children and Youth Coordinating Council to designate one or more counties submitting a proposal for strategic integrated services planning pilot projects. Pilot projects shall report quarterly to the De partment of Human Resources and the General Assembly through 1992.
(c) Counties requesting designation as pilot projects shall be selected based upon the extent of documented commitment to, and capacity for, the coordination of public and pri vate programs for at risk children, youth, and families operating within the county or coun ties. Any county designated as a pilot project county that has a commission or coalition on children and youth officially recognized by the Children and Youth Coordination Council shall require the pilot project to cooperate with the local commission or coalition on chil dren and youth."
Section 16. Said chapter is further amended by striking subsection (a) of Code Section 49-5-208, relating to pilot projects and comprehensive reform, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) To test the combined impact and effectiveness of the pilot projects designated in Code Sections 49-5-201 through 49-5-206, the Department of Human Resources in conjunc tion with the Children and Youth Coordinating Council shall designate one or more of the counties applying as pilot projects in comprehensive children, youth, and family services reform or prevention."
Section 17. Said chapter is further amended by striking Code section 49-5-224, relating to submission of annual reports by the commissioner of human resources, and inserting in lieu thereof a new Code Section 49-5-224 to read as follows:
"49-5-224. The commissioner of human resources shall submit an annual report to the House and Senate Appropriations Committees, the House and Senate Education Commit tees, the House Health and Ecology Committee, the Senate Committee on Youth, Aging, and Human Ecology, the Governor, and the Children and Youth Coordinating Council. The report shall contain a copy of the updated State Plan for the Coordinated System of Care. The report shall also contain the following information on severely and emotionally dis turbed children and adolescents receiving services directly or indirectly through the Depart ment of Human Resources, the Department of Education, or any other state agency:
(1) The number and ages of children in out-of-state residential facilities;
(2) The number and ages of children in in-state residential facilities;
(3) The number and ages of children in nonresidential treatment;
(4) Annual public funds expended for out-of-state placements, the sources of such funds, and the average cost per child of such out-of-state placement;
(5) Annual public funds expended for in-state residential placements, the sources of such funds, and their average cost per child of such in-state residential placement;
(6) Annual public funds expended for nonresidential treatment, the sources of such funds, and the average cost per child of such nonresidential treatment;
(7) The average length of stay in out-of-state and in-state placements; and
(8) The number and ages of children placed in out-of-home treatment compared to the total number of children in each county of the state."

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Section 18. Said chapter is further amended by striking Code Section 49-5-227, relating to the comments and recommendations of the Commission for Children and Youth on the State Plan for the Coordinated System of Care, and inserting in lieu thereof a new Code Section 49-5-227 to read as follows:
"49-5-227. The Children and Youth Coordinating Council shall:
(1) Annually review and comment on the State Plan for the Coordinated System of Care, and submit its comments to the House and Senate Appropriations Committees, the House and Senate Education Committees, the House Health and Ecology Committee, the Senate Committee on Youth, Aging, and Human Ecology, the Governor, the Department of Human Resources, and the Department of Education;
(2) Annually identify and recommend fiscal, policy, and program initiatives and revi sions in the state coordinated system of care to the House and Senate Appropriations Com mittees, the House and Senate Education Committees, the House Health and Ecology Com mittee, the Senate Committee on Youth, Aging, and Human Ecology, the Governor, the Department of Human Resources, and the Department of Education."
Section 19. Said chapter is further amended by striking Article 7, relating to the Com mission on Children and Youth, and inserting in lieu thereof the following:
"ARTICLE 7
RESERVED"
Section 20. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 370.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen Broun
Bluaryton
Deal Dean Echols
Egan
Foster Gillis Harris

Hasty Henson Hill Hooks
HKuidgdgins
Langford Marable Moye
Newbill
Olmstead Perdue Perry

Pollard Ragan of 10th Ragan of 32nd jjay
SShcoutmt ake
Q te" Stemberg
Thompson
Timmons Turner Tysinger

Those not voting were Senators:

Alien Bishop Coleman Collins Dawkins Edge

English Garner (excused conferee) Hammill Johnson (excused conferee) Phillips Ramsey

Robinson Tate Taylor Walker of 22nd Walker of 43rd White

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 370.

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

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.

Senator Turner of the 8th moved that the Senate insist upon the Senate substitute to HB 283.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 283.

The following local bill of the Senate was taken up for the purpose of considering the Conference Committee report 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.

The Conference Committee report on SB 321 was as follows:
The Committee of Conference on SB 321 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Commmittee of Conference Substitute to SB 321 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
/s/ Gene Walker Senator, 43rd District
/s/ Tommy C. Olmstead Senator, 26th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ George F. Green Representative, 106th District
/s/ Bobby Eugene Parham Representative, 105th District
/s/ Larry Parrish Representative, 109th District

Conference Committee substitute to SB 321:

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 certain recommendations with respect to the property to be annexed into the corporate limits of the city; 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

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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) The General Assembly recommends that the City of Eatonton amend its zoning ordinance so as to create at least one agricultural zone in which any bona fide agri cultural use is permitted. The city should also amend its zoning ordinance to provide that all of the property brought into the City of Eatonton as a result of the passage of SB 321 at the 1991 session of the Georgia General Assembly shall be zoned so as to permit a continu ing of the current use of each parcel of property.
(b) The General Assembly further recommends that all of the property that is annexed into the City of Eatonton as a result of the passage of SB 321 at the 1991 session of the Georgia General Assembly shall be, and shall constitute, a special taxing district within the City of Eatonton, Georgia. No ad valorem taxes shall be assessed upon any property within this special taxing district except for those taxes assessed to provide services to that prop erty so taxed.
(c) The General Assembly further recommends that any ad valorem taxes assessed within any part of the city shall be assessed in compliance with all appropriate state and federal laws or court decisions applicable to the assessment of taxes. This shall apply to all property, both real and personal, including cattle, other livestock, or any other classification of property.
(d) The General Assembly further recommends that the governing authority of the City of Eatonton should not assess any taxes against any livestock within the city so long as this is permitted by general law.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on SB 321.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen
Broun Burton Clay Coleman Collins Dean Echols Edge Foster Gillis

Harris Hasty Henson
Hm Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead Perdue

Perry Ragan of 10th Ragan of 32nd
Ramsey j^a <, ., *TMn *tarr Stemberg Thompson Timmons Turner Tysinger

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Those not voting were Senators:

Alien Bishop Dawkins Deal (excused conferee) Egan English

Garner (excused conferee) Hammill Johnson (excused conferee) Phillips Pollard Robinson

Shumake Tate Taylor Walker of 22nd Walker of 43rd White

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 321.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as substituted by the House, to the following bill of the House:

HB 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.
The House has agreed to the Senate amendment, to the House substitute, as amended by the House, to the following bill of the House:

SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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.
The House insists on its position in amending the following bill of the Senate:

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 House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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.

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The Speaker has appointed on the part of the House, Representatives Reaves of the 147th, Oliver of the 121st and Royal of the 144th.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
SB 213. By Senators Steinberg of the 42nd, Johnson of the 47th and Deal of the 49th:
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.
The following resolution of the Senate was read and adopted:
SR 316. By Senator Starr of the 44th:
A resolution commending the Morrow High School girls' basketball team on win ning its third consecutive Class AAAA state championship.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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.
Senate Sponsor: Senator Scott of the 36th.
The Senate Committee on Youth, Aging, and Human Ecology oifered the following sub stitute to HB 276:
A BILL
To be entitled an Act 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 for standards for certain programs; to provide that the Department of Human Resources shall develop criteria for assuring priority in admissions and access to services to drug dependent pregnant females; to provide that each program licensed or funded by the department shall give priority in admissions to drug dependent pregnant females; to amend Code Section 377-2 of the Official Code of Georgia Annotated, relating to the authority of the board of human resources to issue regulations, so as to authorize the board to develop criteria for assuring priority in admissions and access to services to drug or alcohol dependent pregnant females; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 26 of the Official Code of Georgia Annotated, relating to drug abuse treatment and education programs, is amended by striking Code Section 26-5-5, relating to the promulgation of minimum standards of quality and services for each class of program, and inserting in lieu thereof a new Code Section 26-5-5 to read as follows:
"26-5-5. The department shall create and promulgate minimum standards of quality

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and services for each designated class of programs. At least the following areas shall be covered in the rules and regulations:
(1) Adequate and safe buildings or housing facilities where programs are offered;
(2) Adequate equipment for the delivery of programs;
(3) Sufficient trained or experienced staff who are competent in the duties they are to perform;
(4) The content and quality of services to be provided;
(5) Requirements for intake, discharge, and aftercare of drug dependent persons;
(6) Referral to other appropriate agencies;
(7) Continuing evaluation of the effectiveness of programs;
(8) Maintenance of adequate records on each drug dependent person treated or advised;
(9) A formal plan of cooperation with other programs in the state to allow for continuity of care for drug dependent persons; and
(10) Criteria for providing priority in access to services and admissions to programs for drug dependent pregnant females."
Section 2. Said chapter is further amended by adding at the end thereof a new Code section to be designated Code Section 26-5-20 to read as follows:
"26-5-20. Any program licensed or funded by the department under this chapter shall implement a priority admissions policy for the treatment of drug dependent pregnant fe males which provides for immediate access to services for any such female applying for ad mission which access shall be contingent only upon the availability of space."
Section 3. Code Section 37-7-2 of the Official Code of Georgia Annotated, relating to the authority of the board of human resources to issue regulations, is amended by striking sub section (b) in its entirety and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) In addition to the other powers provided by this chapter, the department shall have the authority:
(1) To enforce the regulations issued by the board;
(2) To prescribe the forms of applications, records, medical certificates, and any other forms required or used under this chapter and the information required to be contained therein;
(3) To require such reports from any facility as it may find necessary to the perform ance of its duties or functions;
(4) To visit facilities regularly to review the hospitalization procedures applied to all patients;
(5) To determine the care and treatment being given all patients;
(6) To develop criteria for providing priority in access to services and admissions to programs for drug or alcohol dependent pregnant females;
(7) To investigate complaints and make reports and recommendations relative thereto; and
(8) To make effective such procedures and orders as may be appropriate to carry out the provisions of this chapter.
Notwithstanding the powers granted to the department under this Code section, the re quirements of this Code section as to determination of treatment and care of patients and the investigation of complaints shall not apply to patients hospitalized in an institution

WEDNESDAY, MARCH 13, 1991

2023

operated by or under the control of the United States Department of Veterans Affairs or any other federal agency."
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 Bishop Bowen Broun Burton Clay CDC,-, ooe,,allehl.mnsan
Dean Echols Edge Foster Garner

Gillis Harris Hasty Henson Hm Hooks Huggins JKLKoa-ih-dnJndgJsfoonrd
Marable Moye Newbill Olmstead Perdue

Perry Phillips Pollard Ragan of i0th Ragan of 32nd j^av Scott S,h_,,htaurmr ak, e
Tate Thompson Turner Tysinger Walker of 43rd

Those not voting were Senators:

Baldwin Dawkins Egan English

Hammill Ramsey Robinson Steinberg

Taylor Timmons Walker of 22nd White

On the passage of the bill, the yeas were 44, nays 0.

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

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

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.

The House substitute to the Senate substitute to HB 420 was as follows:

A BILL
To be entitled an Act to amend Article 3 of Chapter 13 of Title 48 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

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conditions for certain counties and municipalities to levy such tax; to provide for require ments and limitations with respect thereto; to change certain provisions relating to the col lection, remittance, and expenditure of such excise tax with respect to certain lodges oper ated under the jurisdiction of the Department of Natural Resources; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, relating to county and municipal excise tax levies on charges to the public for rooms, lodg ings, and accommodations, is amended by striking paragraphs (1) and (2) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and inserting 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), (4.1), (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 percent, as authorized under paragraphs (3), (4), (4.1), (5), and (5.1) of this subsection; and in such case the expenditure requirements of paragraph (3) or (4) or (4.1) or (5) or (5.1) of this subsection shall apply instead."
Section 2. Said article is further amended by adding a new paragraph immediately fol lowing paragraph (4) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (4.1), to read as follows:
"(4.1) Notwithstanding any other provision of this subsection, a county (within the ter ritorial limits of the special district located within the county) or municipality within a county in which a coliseum authority has been created by local Act of the General Assembly and which authority is in existence on or before July 1, 1963, for the purpose of owning or

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operating a facility, may levy a tax under this Code section at a rate of 7 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 (4.1)) an amount equal to at least 62 Vz percent of the total taxes collected at the rate of 7 percent for the purpose of: (A) promoting tourism, conventions, and trade shows; (B) funding and supporting a facility owned or operated by such coliseum authority; or (C) for some combination of such pur poses. 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 authority, or a private sector nonprofit organization, or through a contract or con tracts with some combination of such entities, except that amounts expended for purpose (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 (4.1) and all sales and use taxes, and other taxes imposed by a county or municipality, or both, shall not ex ceed 12 percent. Any tax levied pursuant to this paragraph (4.1) shall terminate not later than December 31, 2028, provided that during any period during which there remains out standing any obligation which is incurred prior to January 1, 1995, issued to fund a facility as contemplated by this paragraph (4.1), and 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 (4.1) shall not be diminished or impaired by the state and no county or municipality levying the tax imposed by this paragraph (4.1) 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 obligation 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 (4.1), the term: "fund" and "funding" shall include the cost and expense of all things deemed neces sary by a local coliseum authority for the construction, renovation, and operation of a facil ity including but not limited to the study, operation, marketing, acquisition, construction, finance, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities, and the repayment of any obligation incurred by a local coliseum authority in connection therewith; 'obligation' shall include bonds, notes, or any instrument creating an obligation to pay or reserve moneys incurred prior to January 1, 1995, and having an initial term of not more than 30 years; and 'facility' shall mean a coliseum or other facility and any associated parking areas or im provements originally owned or operated incident to the ownership or operation of a facility used for convention and trade show purposes or amusement purposes, educational purposes, or a combination thereof and for fairs, expositions, or exhibitions in connection therewith by a local coliseum authority."
Section 3. Said article is further amended by adding a new paragraph immediately fol lowing paragraph (5) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, to be designated paragraph (5.1), to read as follows:
"(5.1) Notwithstanding any other provision of this subsection, a county (within the ter ritorial 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 dur ing which the tax is collected under this paragraph (5.1)) an amount equal to at least 62 !/2 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, supporting, acquiring, constructing, renovating, improving, and equipping buildings, structures, and facilities, including, but not limited to, a coliseum, exhibit hall, conference center, performing arts center, or any combi nation thereof, for convention, trade show, athletic, musical, theatrical, cultural, civic, and

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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, oper ated, or leased by or to the local coliseum and exhibit hall authority; or (C) for some combi nation of such purposes; provided, however, that at least 50 percent of the total taxes col lected 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 conven tion and visitors bureau authority created by local Act of the General Assembly for a munic ipality, 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. 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 obliga tion 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 inter ests 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 obligation by a local coliseum and exhibit hall authority, shall constitute a contract with the holder of such obli gation. 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 authority 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 in terest 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 obligation of the local coliseum and exhibit hall authority, development, extension, enlargement, or improvement of land, waters, property, streets, highways, buildings, structures, equipment, or facilities and the repayment of any obligation incurred by an authority in connection therewith; 'obli gation' shall include bonds, notes, or any instrument creating an obligation 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 improvements originally owned or oper ated 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."
Section 4. Said article is further amended by striking paragraph (6) of subsection (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, and in serting 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 (4.1), (5), or (5.1) of this subsection, any county or municipality which has levied a tax pursuant to para graph (4.1), (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 (4.1), (5), or (5.1) of this subsection."
Section 5. Said article is further amended by striking paragraphs (9) and (10) of subsec tion (a) of Code Section 48-13-51, relating to the levy and collection of certain excise taxes, 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), (4.1), (5) or (5.1) of this subsection shall prior to the imposition of the tax (if the tax is

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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 ex penditure requirements of this Code section a budget for expenditures to be made by such organization; 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), (4.1), (5), (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 com mitted for expenditure as provided in paragraph (2), (3), (4), (4.1), (5), (5.1) of this subsec tion, whichever is applicable, during the fiscal year; and (B) expressing such amount as a percentage of tax receipts under this Code section during such fiscal year. A county or mu nicipality contractually expending funds to meet the expenditure requirements of paragraph (2), (3),(4), (4.1), (5), or (5.1) of this subsection shall require the contracting party to provide audit verification that the contracting party makes use of such funds in conformity with the requirements 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), (4.1), (5), or (5.1) of this subsection."
Section 6. Said article is further amended by striking Code section 48-13-54, relating to the collection, remittance, and expenditure of certain excise taxes with respect to certain lodges operated under the Department of Natural Resources, in its entirety and substituting in lieu thereof a new Code Section 48-13-54 to read as follows:
"48-13-54. Any state park operated under the jurisdiction of the Department of Natural Resources which regularly furnishes for value lodge rooms as well as meals and conference or meeting facilities or has a minimum of 20 cabins and which is located in a county or municipality levying a tax under this article shall, as provided in this Code section, agree to collect and remit to the county or municipality within whose taxing jurisdiction the facility is located amounts which are equal to, or partially equal to, the amounts which would be collected and remitted to the county or municipality under the tax levied by the county or municipality under Code Section 48-13-51 if the lodges or cabins were privately operated. The sums so collected and remitted shall only be expended for development, promotion, and advertising of the lodges or cabins from which the money was collected and remitted or for similar purposes of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the state park is operated as long as said promotion or advertising prominently features the state park facilities or similar facilities operated under the jurisdiction of the Department of Natural Resources."
Section 7. In the event any article, Code section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Act, which shall remain of full force and effect as if such portion so declared or ad judged invalid or unconstitutional were not originally a part of this Act. The General As sembly declares that it would have enacted the remaining parts of this Act if it had known that such portion hereof would be declared or adjudged invalid or unconstitutional.
Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 9. All laws and parts of laws in conflict with this Act are repealed.
Senator Thompson of the 33rd moved that the Senate agree to the House substitute to the Senate substitute to HB 420.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen
Broun Burton
Clay
Coleman
Collins Dawkins Deal
Dean Echols Edge
Egan

English Foster Gillis
Harris Hasty
Henson Hill
Hooks
Huggins
Johnson Kidd Langford
Marable Moye Newbill
Olmstead

Perry Phillips Pollard
Ragan of 10th Ragan of 32nd
Ray Scott
Shumake
Starr
Tate Taylor Thompson
Turner Tysinger Walker of 43rd
White

Those not voting were Senators:

Garner Hammill
Perdue

Ramsey Robinson
Steinberg

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 the Senate substitute to HB 420.

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

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.
Senate Sponsor: Senator Harris of the 27th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman

Collins Dawkins Deal Dean Echols Edge Egan English Foster

Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson

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Kidd Langford Marable Moye Newbill Olmstead Perry
Phillips

Ragan of 10th Ragan of 32nd Rav Robinson Scott Shumake Starr
Steinberg

Tate Taylor Thompson
Turner
Tysmger Walker of 43rd White

Those not voting were Senators:

Hammill Perdue

Pollard Ramsey

Timmons 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.

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

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.

Senator Dawkins of the 45th moved that the Senate adhere to the Senate amendment to the House substitute to SB 328, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 328.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th.

Senator Burton of the 5th introduced the doctor of the day, Dr. Martha Crenshaw, of Stone Mountain, Georgia.

Senator Deal of the 49th assumed the Chair.

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

HB 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.
Senate Sponsor: Senator Olmstead of the 26th.

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The Senate Committee on Health and Human Services offered the following amendment:

Amend HB 849 by striking lines 4 through 12 of page 1 and inserting in lieu thereof the following:
"provide for the content of signs and advertisements for the practice of dentistry; to provide an effective date; to".
By striking lines 21 through 27 of page 1 and lines 1 through 3 of page 2 and inserting in lieu thereof the following:
" '43-11-18. All signs and advertisements used to state or imply that dentistry may or will be done by anyone at any place in this state shall also include the full names of each individual practicing dentistry in such place.'"

On the adoption of the amendment offered by the Senate Committee on Health and Human Services, the yeas were 3, nays 36, and the amendment was lost.

Senator Olmstead of the 26th offered the following amendment:

Amend HB 849 as follows: On line 24, page 1, delete the word "not"; On line 25, page 1, delete "s" on word "names" and delete the word "each."; and On line 25, page 1, add after word "of: "at least one".

On the adoption of the amendment offered by Senator Olmstead of the 26th, 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 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 ^,urton Skins Dean Echols Edge English Foster Garner Gillis

Hammill Harris Hasty Henson Hill
Hooks Huggins pM Langford Marable Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Coleman Collins
Deal (presiding) Egan

Johnson Moye Newbill

Shumake Timmons Walker of 22nd

WEDNESDAY, MARCH 13, 1991

2031

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 bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 217 was as follows:
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 change certain provi sions relative to the calculation of the local fair share funds that may be required of any local school system; to provide for compliance by local school systems with the 90 percent minimum expenditure control relative to the salary and operational costs of direct instruc tion and the salary and materials' costs of media centers; to change certain minimum expen diture requirements for the middle grades program; to change certain cross-references; to provide for limitations on receiving certain capital outlay funds by school systems where a majority of the voters voting were against incurring bonded indebtedness to construct a school or schools for the purpose of high school consolidation; to amend Article 17 of Chap ter 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 rela tive to the foregoing; to repeal certain sections of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the "Quality Basic Education Act"; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," is amended by striking 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 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-

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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
(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

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2033

school system shall not exceed, for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, 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 calculated 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 their entirety paragraphs (1) and (2) of subsection (a) of Code Section 20-2-167, relating to the method of computing the total funds needed for direct instructional costs and media center costs, and inserting in lieu thereof new paragraphs (1) and (2) 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 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

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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.
(2) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specify ing the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Each local school system shall spend a mini mum of 90 percent of the funds designated for media center salary costs for such salaries and a minimum of 90 percent of the funds designated for media center materials costs for such materials. For purposes of determining compliance with the 90 percent expenditure amounts, the separate identification of salary and materials cost portions shall become effec tive on July 1, 1992. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, the 90 percent amounts shall be increased by the portion of the midterm adjustment allotment which is applied to the respective portions of the media center costs. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for media center costs to the state, the 90 percent amount for the appropriate portions of the media center costs shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount re quired by this paragraph to be expended by a local school system for media center costs which are not expended for this purpose may be expended only for the costs of one or more of the programs specified by Code Section 20-2-161."
Section 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,

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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 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-

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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 5.1 Said article is further amended in Code Section 20-2-260, relating to capital outlay funds under said article, the "Quality Basic Education Act," by adding at the end of said Code section a new subsection (o) to read as follows:
"(o) Any other provisions of this Code section to the contrary notwithstanding, when the board of education of a local school system has called and held a bond election to incur bonded indebtedness to construct a school or schools for the purpose of high school consoli dation within the school system and a majority of the voters voting in said bond election voted against incurring such debt, then for a period of four school years immediately follow ing the school year during which the bond election was held, the local school system shall not receive any funds for such purpose pursuant to the provisions of subsections (i) and (j) of this Code section. The provisions of this subsection apply to bond elections held at any time after January 1, 1989."
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 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 7.1 This Act shall become effective July 1, 1991, except that Section 5.1 of this Act shall become effective upon this Act's approval by the Governor or upon this Act's becoming law without such approval.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

WEDNESDAY, MARCH 13, 1991

2037

Senator Taylor of the 12th moved that the Senate agree to the House substitute to SB 217.

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 Collins Dawkins Dean Echols Edge English Foster

Garner Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Olmstead Perdue Perry

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Baldwin
Coleman Deal (presiding) Egan Gillis

Henson
Moye Newbill Phillips Pollard

Scott Shumake
Tate Walker of 22nd

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 217.

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

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.

Senator Kidd of the 25th moved that the Senate insist upon the Senate substitute to HB 295.

On the motion, 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

Bishop Bowen

Broun Burton

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Clay Collins Dawkins Dean
Echols Edge English
Foster Garner Hammill
Harris

Hasty Hooks Huggins Johnson
Kidd Marable Perdue
Perry Pollard Ragan of 10th
Ragan of 32nd

Ray Robinson Stair Steinberg
Taylor Thompson Timmons
Turner Tysinger Walker of 43rd
White

Those not voting were Senators:

Baldwin Coleman DEgeaanl (presiding)
Gillis Henson

Hill Langford MNeowyebill
Olmstead Phillips

Ramsey Scott Sbnhuummnakkpe
Tate Walker of 22nd

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 295.

The President resumed the Chair.

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

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.

Senator Kidd of the 25th moved that the Senate adhere to its disagreement to the House substitute to SB 357, and that a Conference Committee be appointed.

On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 357.

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 Foster of the 50th.

The following general bill of the House, having been read the third time and final ac tion suspended on March 12, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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

WEDNESDAY, MARCH 13, 1991

2039

cemeteries and burial grounds; to repeal Code Section 36-60-6, relating to the disturbing of a burial place in land development.
Senate Sponsor: Senator Kidd of the 25th.

The substitute to HB 402 offered by Senator Kidd of the 25th on March 12, as it ap pears in the Journal of March 12, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the 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 Bish<>P Bowen
roun aUartn Coleman Collins Dawkins Echols Edge English Foster

Gillis Hammill Harris Hasty Hill
Hooks Huggins Johnson Kldd Marable Perdue Perry Pollard Ragan of 10th

Ragan of 32nd Ray Robinson Scott Starr
Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative were Senators Henson and Newbill.

Those not voting were Senators:

Deal (excused conferee) Dean Egan Garner (excused conferee)

Langford Moye Olmstead Phillips

Ramsey Shumake Tate

On the passage of the bill, the yeas were 43, nays 2.

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

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

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.

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The House substitute to SB 93 was as follows:
A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to 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.
(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) A spouse;
(C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1;

WEDNESDAY, MARCH 13, 1991

2041

(D) A son or daughter 18 years of age or older;
(E) A parent;
(F) A brother or sister 18 years of age or older.
(4) 'Candidate for nonresuscitation' means a patient who, based on a determination to a resonable 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 immi nent death of the patient;
(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 only those measures used to restore or sup port 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.
(12) 'Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician.
(13) 'Noncognitive state' means that state which is a total and irreversible loss of con scious capacity for interaction with the environment.
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 in writing in the patient's medi cal record 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 pre sumed, 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 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

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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, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent 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.
(e) If none of the persons specified in subsections (b), (c), and (d) of this Code section is reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that:
(1) Such physician determines, in writing in the patient's medical record, that such patient is a candidate for nonresuscitation; and
(2) An ethics committee or similar panel, as designated by the health care facility, con curs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitation.
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 immediately include in the patient's chart that the patient is no longer a candidate for nonresuscitation and shall im mediately cancel the order and notify the person who consented to the order and all hospi tal staff responsible for the patient's care of the cancellation.
(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 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

WEDNESDAY, MARCH 13, 1991

2043

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 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. Nothing in this chapter shall impair or supersede any legal right or legal re sponsibility which any person may have to effect the withholding or withdrawal of cardi opulmonary 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.

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Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 93 by the following amendment:

Amend the House substitute to SB 93 by striking from lines 8 through 10 of page 5 the following:
"(13) 'Noncognitive state' means that state which is a total and irreversible loss of con scious capacity for interaction with the environment."

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 BBruorutonn Clay
Coleman Collins Echols Edge
English Foster

Garner Gillis Hammill Harris Hasty HHeilnl son Hooks
Huggins Kidd Marable Perdue
Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey j^ay ?C,+tOe;mKb<e>,rTMg Thompson
Timmons Turner Tysinger Walker of 22nd
Walker of 43rd White

Those not voting were Senators:

Dawkins Deal (excused conferee) Dean Egan Johnson (excused conferee)

Langford Moye Newbill Olmstead Robinson

Scott Shumake Starr Tate Taylor

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 93 as amended by the Senate.

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

HB 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.
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:

WEDNESDAY, MARCH 13, 1991

2045

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun BCluaryton
Coleman Collins
Echols Edge Foster
Gillis

Hammill Harris Hasty Henson Hill Hooks JHouhgngsionns
Kidd Marable
Newbill Perdue Perry
Phillips

Pollard Ragan of 10th Ragan of 32nd Rav Scott Starr Sbtteeminbbeerrge
^aylor limmons
Turner Tysinger Walker of 43rd
White

Those not voting were Senators:

Dawkins Deal (excused conferee) Dean Egan English

Garner (excused conferee) Langford Moye Olmstead Ramsey

Robinson Shumake Tate Thompson Walker of 22nd

On the passage of the bill, the yeas were 41, nays 0.

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

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".
Senate Sponsors: Senators Garner of the 30th and English of the 21st.
The Senate Committee on Special Judiciary offered the following amendment:
Amend HB 822 by striking the word "granted" on line 27 of page 4 and by adding immediately before the period on line 27 of page 4 the following:
"granted by the owner of the computer or computer network".

On the adoption of the amendment offered by the Senate Committee on Special Judici ary, the yeas were 32, nays 1, and the amendment was adopted.
Senator Ray of the 19th offered the following amendment:
Amend HB 822 by inserting on line 9 of page 6 after the word "authority" the following:
"and which results in damages (including the fair market value of any services used and victim expenditure) to the owner of the computer or computer network in excess of $500.00".

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JOURNAL OF THE SENATE

By striking all the language from lines 17 through 32 of page 7 and inserting the following:
"disclosure shall be fined not more than $5,000.00 or incarcerated for a period not to exceed one year, or both."

On the adoption of the amendment offered by Senator Ray of the 19th, the yeas were 31, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen
Broun B,,,urton Coleman Collins Dean Edge English Foster Gillis

Hammill Harris Hasty Hill Hooks
Huggins Krri-djdj Langford Marable Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Starr
Steinberg TTI at4.e Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Dawkins Deal (excused conferee) Echols Egan
Garner (excused conferee)

Henson johnson (excused conferee)
Moye Olmstead

Robinson Scott
Shumake 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 as amended.

HB 468. 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 prohibit the dis play on the rear of any vehicle of any permanent or temporary license plate which resembles an official license plate issued by the State of Georgia.
Senate Sponsor: Senator Bowen of the 13th.

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

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

WEDNESDAY, MARCH 13, 1991

2047

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Burton Coleman Collins Dean English Foster Garner Gillis

Hammill Harris Hasty Hill Hooks Johnson Kidd Langford Marable Perry Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Broun Clay DDeaawlkins
Echols
Edge

Egan Henson HMuogygeins
Newbill
Olmstead

Perdue Phillips nRo,b.inson
Shumake
Steinberg

On the passage of the bill, the yeas were 39, nays 0.

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

HR 346. By Representative Birdsong of the 104th: A resolution designating the Elmer A. Dennard Highway. Senate Sponsor: Senator Hasty of the 51st.

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 Dean 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 Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Clay Dawkins Deal

Echols Edge Egan

Robinson Shumake

On the adoption of the resolution, the yeas were 48, nays 0.

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

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

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.

The House amendment was as follows:

Amend SB 192 by adding "and the Governor's Commission on Obstetrics" immediately preceding the semicolon on line 15 of page 6.

Senator Olmstead of the 26th moved that the Senate agree to the House amendment to SB 192.

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
*foun ^TCJuo.lretomnan English Foster Garner Gillis Hammill Harris

Hasty Henson Hill
Huggins
Johnson M-M,oayraeble Newbill Olmstead Perry Phillips Ragan of 10th Ragan of 32nd

Ramsey Ray Scott
Steinberg
Tate T,,T,ah, yolmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Clav. CDoalwliknisns Deal Echols

Edge Egan IHTooki s Kidd Langford

Perdue Pollard rR> obu-mson Shumake Starr

WEDNESDAY, MARCH 13, 1991

2049

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 192.

The following general resolution of the House, having been read the third time and final action suspended on March 12, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its adoption:

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.
Senate Sponsor: Senator Marable of the 52nd.

The substitute to HR 74 offered by Senators Albert of the 23rd and Walker of the 22nd on March 12, as it appears in the Journal of March 12, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted.

The report of the committee, which was favorable to the adoption of the resolution as amended, 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 Broun Burton Coleman Collins Dean English Foster Garner

Gillis Hammill Harris Hasty Hooks Huggins Kidd Marable Olmstead Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Steinberg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Clay Dawkins DEcehaol l(sexcused conferee)
Edge Egan

Henson Hill Johnson (excused conferee) LMaonygeford
Newbill Perdue

Robinson Scott Shumake
Starr
Tate Taylor

On the adoption of the resolution, the yeas were 36, nays 0.

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

2050

JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the House:
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 Speaker has appointed on the part of the House, Representatives Ware of the 77th, Ricketson of the 82nd and Dunn of the 73rd.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing 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 House has disagreed to the Senate substitute to the following bill of the House:
HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
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. Senate Sponsors: Senators Edge of the 28th and Bishop of the 15th.
The Senate Committee on Special Judiciary offered the following substitute to HB 540:
A BILL To be entitled an Act 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

WEDNESDAY, MARCH 13, 1991

2051

considered in determining the amount to be set apart as year's support; to provide for the burden of proof in showing the amount necessary for a year's support; to provide that the surviving spouse and minor children may apply for a year's support if the estate is kept together under certain circumstances; to provide criteria for determining whether certain additional year's support shall be granted; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 53 of the Official Code of Georgia Annotated, relating to year's support, is amended by striking subsection (c) of Code Section 53-5-2, relating to support of the family, preferences, procedures, and the amount to be set apart, and inserting in lieu thereof a new subsection (c) to read as follows:
"(c) The amount to be set apart under subsection (b) of this Code section shall be an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the testator or intestate, taking into consideration the following:
(1) The support available to the person, for whom the property or money is to be set apart, from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that person; and
(2) Such other relevant criteria as the court deems equitable and proper.
The applicant for a year's support shall have the burden of proof in showing the amount necessary for a year's support."
Section 2. Said chapter is further amended by striking Code Section 53-5-4, relating to entitlement of surviving spouses and minor children to year's support for subsequent years, and inserting in lieu thereof a new Code Section 53-5-4 to read as follows:
"53-5-4. When an estate is to be kept together for more than 12 months, the surviving spouse and minor children of the deceased shall, upon application and proceedings thereon as in the case of an initial year's support, have a year's support for each such additional year that the estate may be kept together, provided that more than three months have elapsed since the last insertion of the notice to creditors required by Code Section 53-7-92 and that there are sufficient assets in the estate to award such additional year's support and to pay all known upaid debts and claims against the estate."
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 Broun Burton Coleman Collins Deal Dean Echols

English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd

Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Starr Steinberg

2052

JOURNAL OF THE SENATE

Taylor Timmons

Turner Tysinger

Walker of 22nd White

Those not voting were Senators:

Bowen Clay Dawkins Edge Egan Garner (excused conferee)

Johnson (excused conferee) Langford Moye Newbill Olmstead Robinson

Scott Shumake Tate Thompson 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 by substitute.

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

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.

Senator Hammill of the 3rd moved that the Senate recede from the Senate amendment to HB 746.

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 Clay Coleman Collins Dean Edge Egan English Foster Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Shumake Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Dawkins Deal (excused conferee) Echols
Garner (excused conferee)

Johnson (excused conferee) Langford
Marable Moye

Ray Robinson Scott Thompson

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 746.

WEDNESDAY, MARCH 13, 1991

2053

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

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.
Senate Sponsor: Senator Taylor of the 12th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin BishP Broun urton
LC/oollleinmsan Dawkins Dean Echols Edge English Foster

Gillis Hammill Harris
Hasty Henson Hill
TfiH^doJdoJks Move Newbill Olmstead Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey
Robinson Scott Steinberg
Tm Taaytielor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Deal (excused conferee) Egan Garner (excused conferee)
Huggins

Johnson (excused conferee) Langford
Marable Perdue

Ray Shumake
Starr Thompson

On the passage of the bill, the yeas were 43, nays 0.

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

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.
Senate Sponsor: Senator Egan of the 40th.

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

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

2054

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton Clay CDoalwliknisns

Hammill Harris Hasty Henson Hill Hooks Huggms MMoayraeble

Deal Dean Echols Egan English Foster Gillis

Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr 0St, em. b, erg
,i?te Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Coleman Edge

Garner (excused conferee) Johnson (excused conferee) Kidd

Langford Taylor Thompson

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

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

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

SB 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 House substitute to SB 133 was as follows:

A BILL
To be entitled an Act 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; to prohibit certain increases in the require ments of such covenants; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 44-5-60 of the Official Code of Georgia Annotated, relating to covenants running with land, is amended by striking paragraphs (1) and (2) of subsection (d) thereof and inserting in their place new paragraphs (1), (2), and (4) to read as follows:
"(1) Notwithstanding the limitation provided in subsection (b) of this Code Section, covenants restricting lands to certain uses affecting planned subdivisions containing no fewer than 15 individual plots may be continued beyond 20 years as provided in this subsec tion. Each such continuation shall continue for 20 years, and there shall be no limit on the number of times such covenants may be continued.
(2) To continue a covenant as provided in paragraph (1) of this subsection, at least twothirds of the record owners of plots affected by such covenant shall execute a document

WEDNESDAY, MARCH 13, 1991

2055

containing a legal description of the entire area affected by the covenant, a list of the names of all record owners of plots affected by the covenant, and a description of the covenant to be continued, which may be incorporated by reference to another recorded document. Such document, together with the affidavit of an attorney licensed to practice in this state stating that he has searched the land records and has verified the names of the record owners ap pearing in the document, shall be recorded in the office of the clerk of the superior court of the county where the land is located prior to the expiration of the initial 20 year period or any subsequent 20 year extension. No such covenant shall be renewed after the lapse of time of such initial period or extension. The clerk of the superior court shall index the document under the name of each record owner appearing in the document."
"(4) Notwithstanding any other provision of this Code section or of any covenants with respect to the land, no change in the covenants which imposes a greater restriction on the use or development of the land will be enforced unless agreed to in writing by the owner of the affected property at the time such change is made."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Hasty of the 51st moved that the Senate agree to the House substitute to SB 133.

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 Burton Clay Collins Deal Dean Echols Edge Egan English Foster

Gillis Harris Hasty Henson Hill Hooks Huggins Marable Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Robinson Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Coleman

Hammill

Dawkins

Johnson (excused conferee)

Garner (excused conferee) Kidd

Langford Ray Taylor

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 133.

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

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 361.

2056

JOURNAL OF THE SENATE

On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 361.

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

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.

Senator Newbill of the 56th moved that the Senate recede from the Senate amendment to HB 769.

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 CC/C-, looa,llyleimnsan
Deal Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill HLM, aoanorgakfb-solredj
Moye Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SoScnht, eunm.rmubuaaeAkrpcg
*fte Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Baldwin

Huggins

Dawkins

Johnson (excused conferee)

Garner (excused conferee) Kidd

Starr Taylor Walker of 22nd

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 769.

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

HR 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.
Senate Sponsor: Senator Clay of the 37th.

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

WEDNESDAY, MARCH 13, 1991

2057

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 Broun Burton Clay Coleman Collins Dawkins Deal Echols Egan English Foster Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins Marable Moye 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 22nd White

Those not voting were Senators:

Baldwin Bowen Dean Edge

Garner (excused conferee) Johnson (excused conferee) Kidd Langford

Newbill Starr Walker of 43rd

On the adoption of the resolution, the yeas were 45, nays 0.

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

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.
Senate Sponsors: Senators Robinson of the 16th and Alien of the 2nd.

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

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

Those voting in the affirmative were Senators:

Alien Bishop Broun Burton Clay Coleman Collins Dawkins Deal

Edge Egan English Foster Garner Gillis Hammill Harris Henson

Hill Hooks Huggins Kidd Langford Marable Moye Newbill Olmstead

2058

JOURNAL OF THE SENATE

Perdue
Perry Philips Pllard flnt, RRaaggaann ooff 1320nthd
Ramsey
Ray

Robinson
Scott Shumake' Starr S_, tem. b, erg
Tate
Taylor

Thompson
Timmons Turner Tysinger ,,W;a,,lker of, 22nd,
Walker of 43rd
White

Those not voting were Senators:

Albert Baldwin Bowen

Dean Echols

Hasty Johnson

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

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

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.
Senate Sponsor: Senator Timmons of the llth.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Foster Gillis Hammill Harris Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Alien Garner Hasty

Hooks Phillips Starr

Tate Walker of 22nd

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

WEDNESDAY, MARCH 13, 1991

2059

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

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.
Senate Sponsor: Senator Scott of the 36th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton
Coleman Collins DDaewalkins Dean Echols Edge Egan English

Foster Gillis Hammill Harris Hasty Hooks
Huggins Johnson Kidd MMoayraeble
Newbill
Olmstead
Perdue
Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Rav Robinson Scott ghumake _, , i,at! T1 hfyotOmTpson
Turner
Tysinger
Walker of 22nd
Walker of 43rd White

Those not voting were Senators:

Bowen Garner Henson

Hill Langford Ramsey

Starr Steinberg Timmons

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

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

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

SB 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.

2060

JOURNAL OF THE SENATE

The House substitute to SB 102 was as follows:
A.BILL
To be entitled an Act to amend Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the creation of the Department of Natural Resources and the com missioner of natural resources, so as to change the provisions relating to petitions for judi cial review of a final order of the Board of Natural Resources; to amend Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Ad ministrative Procedure Act to rules and regulations promulgated by the Board of Natural Resources, so as to change the provisions relating to petitions for judicial review of a final order of the Board of Natural Resources; to provide for other matters relative to the forego ing; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 12-2-1 of the Official Code of Georgia Annotated, relating to the creation of the Department of Natural Resources and the commissioner of natural resources, is amended by striking subsection (c) in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:
"(c) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the Board of Natural Resources in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the superior court in which the petition for review is docketed does not hear the case within 180 days from the date the petition for review is docketed with the clerk of the superior court, the final decision of the board shall be considered affirmed by operation of law unless the date for a hearing originally scheduled to be heard within the 180 days has been continued to a date certain by order of the court. In the event a hearing is held later than 180 days after the date the petition for review is docketed with the clerk of the superior court because the date for a hearing originally scheduled to be heard within the 180 days has been contin ued to a date certain by order of the court, the final decision of the board shall be consid ered affirmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 90 days after the date of the continued hearing. If a case is heard within 180 days from the date the petition for review is docketed, the final decision of the board shall be considered affirmed by operation of law if no order of the court dispos itive of the issues presented for review has been entered within 90 days of the date of the hearing. For the purposes of this subsection, a petition for review shall be considered as docketed when the record that has been transmitted from the board is received by the clerk of the superior court, provided that a copy of the petition for judicial review was filed with the board's administrative hearing clerk no later than the same day as the date of filing with the clerk of the superior court. If a copy of the petition for judicial review was not so filed with the board's administrative hearing clerk, a petition for judicial review shall be consid ered docketed upon its filing with the clerk of the superior court."
Section 2. Code Section 27-1-5 of the Official Code of Georgia Annotated, relating to the applicability of the Georgia Administrative Procedure Act to rules and regulations promul gated by the Board of Natural Resources, is amended by striking subsection (b) in its en tirety and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Notwithstanding any other law to the contrary, when a petition for judicial review of a final decision of the board in any matter arising under this title is filed pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' if the superior court in which the petition for review is docketed does not hear the case within 180 days from the date the petition for review is docketed with the clerk of the superior court, the final deci sion of the board shall be considered affirmed by operation of law unless the date for a hearing originally scheduled to be heard within the 180 days has been continued to a date certain by order of the court. In the event a hearing is held later than 180 days after the date the petition for review is docketed with the clerk of the superior court because the date for a hearing originally scheduled to be heard within the 180 days has been continued to a

WEDNESDAY, MARCH 13, 1991

2061

date certain by order of the court, the final decision of the board shall be considered af firmed by operation of law if no order of the court disposing of the issues presented for review has been entered within 90 days after the date of the continued hearing. If a case is heard within 180 days from the date the petition for review is docketed, the final decision of the board shall be considered affirmed by operation of law if no order of the court disposi tive of the issues presented for review has been entered within 90 days of the date of the hearing. For the purposes of this subsection, a petition for review shall be considered as docketed when the record that has been transmitted from the board is received by the clerk of the superior court, provided that a copy of the petition for judicial review was filed with the board's administrative hearing clerk no later than the same day as the date of filing with the clerk of the superior court. If a copy of the petition for judicial review was not so filed with the board's administrative hearing clerk, a petition for judicial review shall be consid ered docketed upon its filing with the clerk of the superior court."
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 Dawkins of the 45th moved that the Senate disagree to the House substitute to SB 102.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 102.

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

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,

Senator Dawkins of the 45th moved that the Senate recede from the Senate substitute to HB 66.

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 Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Garner Gillis Hammill Harris Hasty Henson Hill 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

2062

JOURNAL OF THE SENATE

Thompson Turner

Tysinger Walker of 43rd

White

Those not voting were Senators:

Bowen Hooks

Olmstead Steinberg

Timmons Walker of 22nd

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate receded from the Senate substitute to HB 66.

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

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.
Senate Sponsor: Senator English of the 21st.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Broun Burton
f.man Colhns Dawkins Deal Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson
Hooks Huggms Johnson Kidd Langford Marable
Moye
Newbill
Olmstead Perdue
Perry

Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
SShcoutmt ake ,,
tarr
Taylor Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bishop Hill

Pollard Steinberg

Timmons 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.

WEDNESDAY, MARCH 13, 1991

2063

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 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 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 rcovery 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.
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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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 House has disagreed to the Senate amendments to the following bill of the House:
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.

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JOURNAL OF THE SENATE

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

HB 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.
Senate Sponsor: Senator Egan of the 40th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
BishP Broun Burton
CCD,,,-, ooa&,,?wlleh.kmnisnans Ejeai Dean Echols Edge Egan English

Foster Garner Gillis
Hammill Harris Hagty
,,H.HH..oie,,lno.l skosn Huggms Kidd Marable Moye Newbill Olmstead

Perdue Perry Phillips
Ragan of 10th Ragan of 32nd Ray
RcSoSuhcooubtmitnaskoi en Starr Tate Thompson Turner Tysinger Walker of 43rd

Those not voting were Senators:

Bowen Johnson Langford Pollard

Ramsey Steinberg Taylor

Timmons Walker of 22nd White

On the passage of the bill, the yeas were 46, nays 0.

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

The following resolution of the Senate was read and put upon its adoption:

SR 317. By Senators Deal of the 49th and Garner of the 30th:
A resolution relative to adjournment by the General Assembly at 11:00 o'clock P.M. on Wednesday, March 13, 1991, and to reconvene on Friday, March 15, 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 38, nays 1.

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

WEDNESDAY, MARCH 13, 1991

2065

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

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 House substitute to SB 313 was as follows:

A BILL
To be entitled an Act 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 fraudulently buy, sell, create, duplicate, alter, give, or obtain or attempt 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; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 1 of Title 20 of the Official Code of Georgia Annotated, relating to education in general, is amended by adding a new Code section immediately following Code Section 20-1-6 to read as follows:
"20-1-7. (a) No person may buy, sell, create, duplicate, alter, give, or obtain or attempt to buy, sell, create, duplicate, alter, give, or obtain a diploma, certificate, academic record, certificate of enrollment, or other instrument which purports to signify merit or achieve ment conferred by an institution of education in this state with the intent to use fraudu lently such document or to allow the fraudulent use of such document.
(b) Any person who violates subsection (a) of this Code section or who aids another in violating subsection (a) of this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment for a period not to exceed one year, or both."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Hammill of the 3rd moved that the Senate agree to the House substitute to SB 313.

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 Burton Clay Coleman Collins Dawkins Deal Dean

Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins

Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray

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JOURNAL OF THE SENATE

Robinson Scott Tate

Taylor Thompson Turner

Tysinger Walker of 43rd White

Those not voting were Senators:

Egan Moye Ragan of 10th

Shumake Starr Steinberg

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 SB 313.

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

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.

The House substitute to SB 407 was as follows:

A BILL
To be entitled an Act to amend PartlA 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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," is amended by striking paragraph (6) of subsection (a) of Code Section 20-3-250.3, relating to exemptions from the part, and inserting in its place a new paragraph to read as follows:
"(6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide pro grams of study in theology, divinity, religious education, and ministerial training, and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions:
(A) Accept no federal or state funds; and
(B) Accept no student who has a federal or state education loan;"
Section 2. This Act shall become effective July 1, 1991.
Section 3. 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 407.

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 Burton Clay

Collins Dean Echols Edge

WEDNESDAY, MARCH 13, 1991

2067

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 Starr Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Coleman Dawkins Deal (excused conferee)

Egan Johnson (excused conferee) Shumake

Steinberg Timmons

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 407.

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

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.
Senate Sponsor: Senator Tysinger of the 41st.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton CC.-, loallyvhns Dawkins Deal Dean
Echols
Edge Egan
English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks HTKTuid-gJdJgins Langford Marable Moye
Newbill
Olmstead Perdue
Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott oS<,nhunmmaaKkee
rr late Tavlor
Thompson
Tysinger Walker of 22nd
Walker of 43rd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Coleman

Johnson (excused conferee)

Garner (excused conferee) Steinberg

Timmons Turner

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

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

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.
Senate Sponsor: Senator Taylor of the 12th.

The Senate Committee on Special Judiciary offered the following amendment:

Amend HB 324 by striking from line 10 on page 2 the words: "or should know".

On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted.

Senator Edge of the 28th offered the following amendment:

Amend HB 324 by adding at the end of line 14 of page 2 the following:
"For the purposes of this Code section, a person knows that any monetary instrument or anything else of value is criminally derived property if such person has actual or personal knowledge that such property constitutes or was purchased with the proceeds obtained as a result of the unlawful sale, possession for distribution, transportation, manufacture, distri bution, or delivery of any controlled substance, dangerous drug, or marijuana, as defined in Articles 2 and 3 of Chapter 13 of this title."

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 38, nays 2, and the amendment was adopted.

Senator Edge of the 28th offered the following amendment:

Amend HB 324 by striking from line 10 on page 2 the following:
"or represents".
By striking in their entirety lines 22 through 25 on page 2, which read as follows:
"guilty of a felony and shall be sentenced to a fine of not more than $20,000.00 or twice the amount involved in the sale, whichever is greater, or imprisonment for not more than ten years, or both.' ",
and inserting in lieu thereof the following: "guilty of a misdemeanor of a high and aggravated nature.'"

On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 37, nays 0, and the amendment was adopted.

WEDNESDAY, MARCH 13, 1991

2069

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 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 Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 43rd White

Those not voting were Senators:

English Ramsey

Tysinger

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 as amended.

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.
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

Clay Coleman Collins Dawkins Deal Dean Echols

Egan English Foster Gillis Hammill Harris Hasty

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JOURNAL OF THE SENATE

Henson Hill Johnson
^idd Langford Marable Moye Newbill Olmstead Perdue

Perry Phillips Pollard Ragan of 10th R B of g2nd
Ray Robinson Scott Shumake

Starr Tate Taylor Thompson Timmons
Turner Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Edge Garner Hooks

Huggins Ramsey

Steinberg Tysinger

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

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

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.
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 Clay Coleman Collins Dawkins Deal Dean Echols Edge English

Foster Gillis Hammill Harris Hasty Henson Hill Johnson Kidd Langford Marable Newbill Olmstead Perdue Phillips Pollard

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:

Egan Garner Hooks

Huggins Moye Perry

Shumake Tysinger

WEDNESDAY, MARCH 13, 1991

2071

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 amendment thereto:

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.

The House amendment was as follows:

Amend SB 212 on page 2 beginning at line 31 by deleting Section 3 in its entirety and renumbering Section 4 to Section 3.

Senator Steinberg of the 42nd moved that the Senate agree to the House amendment to SB 212.

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 BCoulretomnan
Collins Dawkins Deal Dean
Echols Edge English

Foster Gillis Hammill Harris Hasty Henson JHoihllnson
Kidd Langford Marable Newbill
Olmstead Perdue Phillips

Ragan of 10th Ragan of 32nd Ramsey Rav Scott ctorr SatSeiLnbTM erg
,iat(r Taylor Thompson Timmons
Turner Walker of 43rd White

Those not voting were Senators:

Clay Egan Garner Hooks

Huggins Moye Perry Pollard

Robinson Shumake Tysinger Walker of 22nd

On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 212.

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JOURNAL OF THE SENATE

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House 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 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 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 Speaker has appointed on the part of the House, Representatives Dover of the llth, Godbee of the 110th and Royal of the 144th.

The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put opon their passage:

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.
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 BishP Bwen BCoulretomnan
Collins Dawkins Deal Dean Echols Edge Foster

Garner Gillis Hammill Harris Hasty HHielnl son
Hooks Johnson Kidd Langford Marable Newbill Olmstead

Perdue Perry Phillips Ragan of 10th R of 32nd D?aTMm8.-e.y,
"ay tarr Stemberg Taylor Timmons Turner White

Those not voting were Senators:

Broun Clay

Egan English

Huggins Moye

WEDNESDAY, MARCH 13, 1991

2073

Pollard Robinson Scott

Shumake Tate Thompson

Tysinger 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.

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.
Senate Sponsor: Senator Hooks of the 14th.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Edge 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 Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Dawkins Egan Langford

Moye Shumake Tate

Taylor Thompson

On the adoption of the resolution, the yeas were 48, nays 0.

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

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.
Senate Sponsors: Senators Olmstead of the 26th and Henson of the 55th.

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JOURNAL OF THE SENATE

The Senate Committee on Health and Human Services offered the following substitute to HB 894:
A BILL
To be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, 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; to provide for definitions; to provide for exemptions; to provide for construction, operation, and maintenance of tanning facilities; to provide for warning signs and the content of such signs; to provide for tanning equipment requirements and maintenance; to provide for stand-up booths and protective goggles; to provide for statements to be signed by consumers; to provide for records to be maintained by owners or operators of tanning facilities; to prohibit use of tanning equipment by minors; to provide for exceptions; to provide for penalties; to authorize the maintenance of civil actions by consumers damaged by violations; to provide for the recovery of damages, court costs, attorney's fees; to provide for applications for and the granting of variances; to pro vide for construction with regard to regulatory authority; to provide for immunity from lia bility; to provide for related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by striking in its entirety Code Section 31-13-6, relating to the bonding of licen sees, and inserting in lieu thereof a new Code Section 31-13-6 to read as follows:
"31-13-6. (a) The Department of Natural Resources may require the posting of a bond not to exceed $5 million by an existing general or specific licensee by amendment to an existing license or by a person making an application for a new general or specific license, in order to assure the availability of funds to the state in the event of abandonment, insol vency, or other inability of a licensee to meet the requirements of the Department of Natu ral Resources for the safe collection and disposition of sources of ionizing radiation from radioactive material in the event of an accident, discontinuance of operation, or any circum stance which results in a potential radiation hazard at a site occupied by the licensee or formerly under its possession, ownership, or control. The Department of Natural Resources is authorized to establish, by rule or regulation, the bonding requirements by classes of licensees and by range of monetary amounts not to exceed $5 million. In establishing such requirements, the Department of Natural Resources shall give due consideration to the probable extent of contamination, the amount of possible property damage, the costs of removal and disposal of radioactive material used by the licensee, and the costs of reclama tion of the property in the event of abandonment, insolvency, or other inability of the licen see to perform such services to the satisfaction of the Department of Natural Resources; provided, however, that a bond not less than $5 million shall be required for any licensee offering commercial radiation sterilization services, excluding hospitals, blood banks, and physicians' offices.
(b) The Department of Natural Resources shall have authority upon finding that condi tions under this Code section have not been met or when it determines that an imminent hazard to the public health and welfare exists to require forfeiture of the bond and use the money therefrom to take any action deemed necessary to protect the public health and welfare.
(c) A licensee who abandons a site or facility without taking the required actions to meet the requirements of the Department of Natural Resources shall be guilty of a misdemeanor.
(d) Any bonding or financial protection requirements established by the Department of Natural Resources pursuant to this Code section shall not apply to the state or any agency of the state."

WEDNESDAY, MARCH 13, 1991

2075

Section 2. Said title is further amended by adding at the end thereof a new chapter to read as follows:
"CHAPTER 38
31-38-1. As used in this chapter, the term:
(1) 'CFR' means Code of Federal Regulations.
(1.1) 'Consumer' means any individual who is provided access to a tanning facility as defined in this chapter.
(2) 'Individual' means any human being.
(3) 'Operator' means any individual designated by the tanning facility owner or tanning equipment lessee to operate or to assist and instruct the consumer in the operation and use of the tanning facility or tanning equipment.
(4) 'Person' means any individual, corporation, partnership, firm, association, trust, es tate, public or private institution, group, agency, political subdivision of this state, any other state, or political subdivision or agency thereof, and any legal successor, representative, agent, or agency of these entities.
(5) 'Tanning equipment' means ultraviolet or other lamps and equipment containing such lamps intended to induce skin tanning through the irradiation of any part of the living human body with ultraviolet radiation.
(6) 'Tanning facility' means any location, place, area, structure, or business or a part thereof which provides consumers access to tanning equipment. 'Tanning facility' includes, but is not limited to, tanning salons, health clubs, apartments, or condominiums regardless of whether a fee is charged for access to the tanning equipment.
(7) 'Ultraviolet radiation' means electromagnetic radiation with wavelengths in air be tween 200 nanometers and 400 nanometers.
31-38-2. (a) Any person is exempt from the provisions of this chapter to the extent that such person:
(1) Uses equipment which emits ultraviolet radiation incidental to its normal operation; and
(2) Does not use the equipment described in paragraph (1) of this subsection to deliber ately expose parts of the living human body to ultraviolet radiation for the purpose of tan ning or other treatment.
(b) Any physician licensed by the Composite State Board of Medical Examiners is ex empt from the provisions of this chapter to the extent that such physician uses, in the practice of medicine, medical diagnostic and therapeutic equipment which emits ultraviolet radiation.
(c) Any individual is exempt from the provisions of this chapter to the extent that such individual owns tanning equipment exclusively for personal, noncommercial use.
31-38-3. Each tanning facility in this state shall be constructed, operated, and main tained in accordance with the requirements of Code Sections 31-38-4 through 31-38-8.
31-38-4. (a) The facility owner or operator shall conspicuously post the warning sign described in subsection (b) of this Code section within three feet of each tanning station and in such a manner that the sign is clearly visible, not obstructed by any barrier, equipment, or other object, and can be easily viewed by the consumer before energizing the tanning equipment.
(b) The warning sign required in subsection (a) of this Code section shall use upper and

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JOURNAL OF THE SENATE

lower case letters which are at least two inches and one inch in height, respectively, and shall have the following wording:
DANGER - ULTRAVIOLET RADIATION
-Follow instruction.
-Avoid overexposure. As with natural sunlight, overexposure can cause eye and skin injury and allergic reactions. Repeated exposure may cause premature aging of the skin and skin cancer.
-Wear protective eyewear.
FAILURE TO USE PROTECTIVE EYEWEAR MAY RESULT IN SEVERE BURNS OR LONG-TERM INJURY TO THE EYES.
-Medications or cosmetics may increase your sensitivity to the ultraviolet tradiation. Consult a physician before using sunlamp or tanning equipment if you are using medica tions or have a history of skin problems or believe yourself to be especially sensitive to sunlight.
-If you do not tan in the sun, you are unlikely to tan from the use of this product.
MAXIMUM EXPOSURE AT ANY ONE SESSION SHOULD NEVER EXCEED 15 MINUTES.
According to the research and clinical experience of the American Academy of Derma tology, excessive or improper exposure to ultraviolet light can cause harmful changes in the skin and other organs, including skin cancer, cataracts, impairment of the immune system, premature aging, and photosensitivity. These are virtually the same risks associated with outdoor tanning.
31-38-5. (a) The tanning facility owner or operator shall use only tanning equipment manufactured in accordance with the specifications set forth in 21 CFR 1040.20. The exact nature of compliance shall be based on the standard in effect at the time of manufacture as shown on the device identification label required by 21 CFR 1010.3.
(b) Each assembly of tanning equipment shall be designated for use by only one con sumer at a time and shall be equipped with a timer which complies with the requirements of 21 CFR 1040.20(c)(2). The maximum timer interval shall not exceed the manufacturer's maximum recommended exposure time. No timer interval shall have an error exceeding plus or minus 10 percent of the maximum timer interval for the product.
(c) Tanning equipment shall meet the National Fire Protection Association National Electrical Code and shall be provided with ground fault protection on the electrical circuit.
(d) Tanning equipment shall include physical barriers to protect consumers from injury induced by touching or breaking the lamps.
31-38-6. Tanning booths designed for stand-up use shall also comply with the following additional requirements:
(1) Booths shall have physical barriers or other means, such as handrails or floor mark ings, to indicate the proper exposure distance between ultraviolet lamps and the consumer's skin;
(2) Booths shall be constructed with sufficient strength and rigidity to withstand the stress of use and the impact of a falling person;
(3) Access to booths shall be of rigid construction with doors which are nonlatching and open outwardly; and
(4) Booths shall be equipped with handrails and nonslip floors.
31-38-7. (a) The tanning facility owner or operator shall provide protective goggles to each consumer for use during any use of tanning equipment.

WEDNESDAY, MARCH 13, 1991

2077

(b) The protective goggles required in subsection (a) of this Code section shall meet the requirements of 21 CFR 1040.20(c)(5).
(c) Tanning facility operators shall ensure that consumers wear the protective goggles required by this Code section.
(d) The tanning facility owner or operator shall ensure that the protective goggles re quired by this Code section are properly sanitized before each use and shall not rely upon exposure to the ultraviolet radiation produced by the tanning equipment itself to provide such sanitizing.
31-38-8. (a) The tanning facility owner or operator shall compile a written report of actual or alleged injury from use of tanning equipment within five working days after occurence or notice thereof. Such report shall be maintained for a period of not less than three years and shall be available for inspection and copying by any consumer. The report shall include:
(1) The name of the affected individual;
(2) The name and location of the tanning facility and identification of the specific tan ning equipment involved;
(3) The nature of the actual or alleged injury; and
(4) Any other information relevant to the actual or alleged injury to include the date and duration of exposure.
(b) The tanning facility owner or operator shall not allow minors to use tanning equip ment unless the minor's parent or legal guardian signs a written consent form meeting the requirements of this Code section. Such consent form shall be signed by the parent or legal guardian at the tanning facility before the minor may use the equipment or facility.
(c) The tanning facility owner or operator shall replace defective or burned out lamps, bulbs, or filters with a type intended for use in the affected tanning equipment as specified on the product label and having the same spectral distribution.
(d) The tanning facility owner or operator shall replace ultraviolet lamps and bulbs, which are not otherwise defective or damaged, at such frequency or after such duration of use as may be recommended by the manufacturer of such lamps and bulbs.
31-38-9. Any person who leases tanning equipment or who owns a tanning facility as defined by this chapter who operates or permits to be operated that equipment or facility in noncompliance with the requirements of this chapter shall be guilty of a misdemeanor.
31-38-10. In addition to any other rights or remedies otherwise provided to consumers by law, any consumer who is damaged by any violation of this chapter may bring an action in superior court to recover a penalty fee of no less than $1,000.00 and to recover any actual, consequential, or punitive damages the court deems appropriate. Any recovery under this Code section shall also include attorney's fees and court costs. It is the intent of the General Assembly in this Code section to provide consumers with an additional remedy to encourage enforcement of this chapter through private rights of action.
31-38-11. Any tanning facility which finds that it is not possible to comply with Code Section 31-38-4 may apply to the administrator appointed pursuant to subsection (a) of Code Section 10-1-395 for a variance from the requirements of Code Section 31-38-4. Any such variance granted by the administrator shall be in writing and shall be drawn as nar rowly as possible.
31-38-12. Nothing contained in this chapter shall be construed as imposing any duty, requirement, or enforcement authority upon the administrator appointed pursuant to Code Section 10-1-395 except as described in Code Section 31-38-11, provided that nothing con tained in this chapter shall be construed in any manner as limiting the administrator from exercising any of his duties, powers, or authority under any other law. The administrator

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shall not be liable to any person for any reason as a result of granting or failing to grant any variance under Code Section 31-38-11."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Broun Burton Clay Coleman Collins Dawkins Deal Echols Edge English Foster

Garner Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Marable Newbill Olmstead Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Dean

Hammill

Perdue

Those not voting were Senators:

Bishop Egan Hooks

Langford Moye Shumake

Tate Taylor

On the passage of the bill, the yeas were 45, nays 3.

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

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

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.

Senator Turner of the 8th moved that the Senate adhere to the Senate substitute to HB 283, and that a Conference Committee be appointed.

WEDNESDAY, MARCH 13, 1991

2079

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 283.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Turner of the 8th, Starr of the 44th and Deal of the 49th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 213 was as follows:
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 administrative sanctions; 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. The department shall also make available the survey reports upon written request."
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 for which the facility has received notice of the imposition of any sanction availa ble under federal or state laws or regulations, except where a plan of correction is the only sanction to be imposed.

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(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 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;
(3) The telephone numbers of the state and community long-term care ombudsman programs; and
(4) A statement that a copy of the notice may be obtained upon written request accom panied by a self-addressed stamped envelope.
(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 imposition of a sanction for a cited deficiency which requires the notice; and
(3) Until the department has determined such cited deficiencies no longer exist, at which time the notice may be removed.
(d) In addition to the posted notice required by subsection (c) of this Code section, a notice, containing the information set forth in subsection (b) of this Code section, shall also be provided by the facility upon written request. The facility shall be responsible for mail ing a copy of such notice when the written request is accompanied by a postage paid selfaddressed envelope.
(e) Each applicant to a facility shall receive upon written request with his 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 the event that the facility previously has been required to have posted or pro vided notice of the same cited deficiency arising from the same act, occurrence, or omission, this Code section should not be construed to require the facility to post or provide duplicate notice of such cited deficiency so long as the notice is made in a manner consistent with subsections (b) and (c) of this Code section.
(g) In the case of a violation of this Code section, the department may impose adminis trative sanctions as otherwise provided by law in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.'
(h) The department may promulgate rules and regulations to implement the provisions of this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Steinberg of the 42nd moved that the Senate agree to the House substitute to SB 213.

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

Burton Clay Coleman Collins Dawkins Dean

Echols Edge Egan English Foster Gillis

WEDNESDAY, MARCH 13, 1991

2081

Hammill Harris Hasty Henson 2iU , Hooks Huggins Johnson Kidd Langford Marable

Moye Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson

Scott Shumake Starr Steinberg Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:
Deal (excused conferee) Ramsey Garner (excused conferee) Tate

Taylor Walker of 43rd

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 213.

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

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.
Senate Sponsor: Senator Kidd of the 25th.

Senators Olmstead of the 26th and Kidd of the 25th offered the following amendment:

Amend HB 36 as follows:

On page 1, line 20, change the number "5" to read "8".

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay

Coleman Collins Dawkins Deal Dean Echols Edge Egan

English Foster Gillis Hammill Harris Hasty Hooks Huggins

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JOURNAL OF THE SENATE

Johnson Kidd Marable
OMNelmwysbft.ie.l.lad Perdue perry Pollard

Ragan of 10th Ragan of 32nd Ramsey
RnRaoy;b.inson Scott Starr Tate

Taylor Thompson Timmons
TrTryusrnm egrer Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Garner Henson Hill

Langford Phillips

Shumake Steinberg

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

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

HB 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.
Senate Sponsor: Senator Hill of the 4th.

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

On 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 ^CDoaflwl.mmkisanns Dean Echols Edge Egan English Foster Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins
Johnson KTLaidndgf,,ord, Marable Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
Starr TS_taetienberg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

WEDNESDAY, MARCH 13, 1991

2083

Those not voting were Senators:
Deal (excused conferee) Shumake Garner (excused conferee)
On the passage of the bill, the yeas were 52, nays 0.

Taylor

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

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.
Senate Sponsor: Senator Taylor of the 12th.

Senator Ragan of the 10th moved that HB 602 be committed to the Senate Committee on Banking and Financial Institutions.

On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 602 was com mitted to the Senate Committee on Banking and Financial Institutions.

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 Attorney's 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.
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
urton pCCoo,llelimnsan Dawkins Dean Echols Egan English Foster Gillis

Hammill Harris Hasty
Henson Huggins Johnson K,,iodyde Newbill Olmstead Perdue Pey Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray
Robinson Scott Starr TStaeyilnobrergB Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Baldwin Deal (excused conferee) Edge Garner (excused conferee)

Hill Hooks Langford

Marable Shumake Tate

On the passage of the bill, the yeas were 46, nays 0.

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

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.
Senate Sponsor: Senator Ray of the 19th.
The Senate Committee on Defense and Veterans Affairs offered the following amendment:
Amend HB 241 by striking in their entirety lines 14 through 17 on page 5, which read as follows:
"required to devote at least four hours a day, Monday through Friday, during normal business hours of the offices of the political subdivision on emergency management matters.",
and inserting in lieu thereof the following:
"required to devote at least 80 hours per month on emergency management matters but not more than 30 hours in any one week during normal business hours of other county offices."
By striking in their entirety lines 21 through 24 on page 5, which read as follows:
"required to devote at least two hours a day, Monday through Friday, during normal business hours of the offices of the political subdivision on emergency management matters.',
and inserting in lieu thereof the following:
"required to devote at least 40 hours per month on emergency management matters but not more than 15 hours in any one week during normal business hours of other county offices."
By adding at the end of line 20 of page 7 the following:
"The citizens of a political subdivision shall have accessibility to the office of emergency management and the local director or his designee shall be available or on call at all times beyond working hours."
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill as amended, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:

WEDNESDAY, MARCH 13, 1991

2085

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen

Gillis Harris Hasty Henson Hill

B roun Burton

2ooks Huggms

ColLan

Sr

Collins Dawkins Dean
Echols Egan English Foster

Langford Marable Moye
Newbill Olmstead Perdue Perry

Pollard Ragan of 10th Ragan of 32nd Ramsey av
Robinson gcott
Steinberg
iate Taylor Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Deal (excused conferee) Hammill

Edge

Phillips

Garner (excused conferee) Shumake

Starr Thompson 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 as amended.

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.

Senate Sponsor: Senator Timmons of the llth.

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

On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Egan English

Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Olmstead

Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Steinberg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd

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JOURNAL OF THE SENATE

Those voting in the negative were Senators:

Shumake

White

Those not voting were Senators:

Dawkins Deal (excused conferee) Edge Garner (excused conferee)

Moye Newbill Phillips Ray

Robinson Starr Tate Taylor

On the passage of the bill, the yeas were 42, nays 2.

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

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.
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 BishP Brun urton Clay CCoollleimnsan Dawkins Dean Echols
Egan English Foster Gillis

Hammill Hasty Henson Hill Hooks Huggins
Johnson Kidd Langford Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Shumake
Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Deal (excused conferee) Edge Garner (excused conferee)

Harris Marable Ray

Robinson Starr Tate

On the passage of the bill, the yeas were 46, nays 0.

WEDNESDAY, MARCH 13, 1991

2087

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

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

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.

Senator Shumake of the 39th moved that the Senate recede from the Senate amend ment to HB 544.

On the motion, 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 Dawkins Dean Echols Egan English Foster Gillis

Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Scott Shumake Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bowen Deal (excused conferee) Edge

Garner (excused conferee) Hammill Kidd Olmstead

Ray Robinson Starr

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 544.

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

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.

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JOURNAL OF THE SENATE

The House substitute to SB 184 was as follows:
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 liquidated exemplary damages in actions pur suant 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 liquidated exem plary damages equal to $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, 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 filing 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."
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

WEDNESDAY, MARCH 13, 1991

2089

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.

Senator Johnson of the 47th moved that the Senate agree to the House substitute to SB 184.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Burton Clay Coleman Collins Dean Echols Egan English Foster Gillis

Harris Hasty Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Scott Shumake Steinberg Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bowen BDraowuknins
Deal (excused conferee) Edge

Garner (excused conferee) Hammill HKeidndson
Olmstead Ramsey

Ray Robinson oo.larr
Tate Thompson

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 184.

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

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

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JOURNAL OF THE SENATE

plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States.
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:

Alien Baldwin Bishop Broun Burton
~lay i;01f1."m18an DEcehaonls Edge English Foster Gillis Hammill Harris

Hasty Henson Hill Hooks Huggins
Johnson LMaanrgafbolred
Mye Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
Scott TStaeyilnobrerg ThoJ mpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bowen Dawkins Deal (excused conferee)

Egan Garner (excused conferee) Kidd

Shumake Starr Tate

On the passage of the bill, the yeas were 46, nays 0.

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

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.
Senate Sponsor: Senator Ragan of the 10th.

The Senate Committee on Insurance and Labor offered the following substitute to HB 533:

A BILL
To be entitled an Act 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 govern ment and certain authorities, commissions, and boards; to provide an effective date; to re peal conflicting laws; and for other purposes.

WEDNESDAY, MARCH 13, 1991

2091

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 5 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation group self-insurance funds, is amended by striking in its entirety paragraph (5) of Code Section 34-9-151, relating to definitions applicable to such article, and inserting in lieu thereof a new subsection (5) to read as follows:
"(5) 'County' means a county of this state. Such term shall include a consolidated citycounty government and any public authority, commission, board, or similar body created or activated by an Act of the General Assembly or by a resolution or ordinance of the gov erning authority of a county, individually or jointly with any other political subdivision or subdivisions of this state, pursuant to the Constitution of this state or an Act of the General Assembly and which carries out its functions on a county-wide basis, a multicounty basis, or wholly within the unincorporated area of a county."
Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

On the adoption of the substitute, the yeas were 31, nays 1, and the substitute was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Dean Echols
Edge
Egan English
Foster
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 T. *
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Dawkins

Deal (excused conferee) Kidd Garner (excused conferee) Shumake

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

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

2092

JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on SB 39 was as follows:

The Committee of Conference on SB 39 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 39 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Loyce W. Turner Senator, 8th District
/s/ Pete Robinson Senator, 16th District
/s/ Frank A. Albert Senator, 23rd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Roy H. Watson, Jr. Representative, 114th District
/s/ Roger Byrd Representative, 153rd District
1st Jim Tyson Griffin Representative, 6th District

Conference Committee substitute to SB 39:

A BILL
To be entitled an Act to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," so as to prohibit merchants from requiring a purchaser's telephone number as a condition of purchase when payment for the transaction is made by credit card; to prohibit a merchant from using a purchaser's credit card to imprint information on a check or draft of the purchase as a condition of accceptance of such check or draft; to prohibit a merchant from recording a purchaser's credit card number as a condition of acceptance of a purchaser's check or draft; to provide that a merchant shall not be prohibited from requesting the dis play of a credit card under certain conditions; to provide that a merchant shall not be pro hibited from recording certain credit card information under certain conditions; to provide a definition; to provide a penalty; to provide for cease and desist orders or civil penalties to be issued by the administrator of Consumer Affairs with respect to the violation of certain provisions; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, known as the "Fair Business Practices Act of 1975," is amended by adding im mediately following Code Section 10-1-393.2 a new Code section, to be designated Code Section 10-1-393.3, to read as follows:
"10-1-393.3. (a) As used in this Code section, the term, 'merchant* means any person who offers goods, wares, merchandise, or services for sale to the public and shall include an employee of a merchant.
(b) A merchant shall be prohibited from requiring a purchaser to provide the pur chaser's personal or business telephone number as a condition of purchase when payment for the transaction is made by credit card.

WEDNESDAY, MARCH 13, 1991

2093

(c) A merchant shall be prohibited from using a purchaser's credit card to imprint the information contained on the credit card on the face or back of a check or draft from the purchaser as a condition of acceptance of such check or draft as payment for a purchase.
(d) A merchant shall be prohibited from recording in any manner the number of a purchaser's credit card as a condition of acceptance of a check or draft of the purchaser as payment for a purchase.
(e) Any merchant who violates the provisions of this Code section shall be subject to the penalties provided in this part.
(f) This Code section shall not prohibit a merchant from:
(1) Recording a credit card number and expiration date as a condition to cashing or accepting a check where the merchant has agreed with the credit card issuer to cash or accept such checks as a service to the issuer's cardholders and the issuer has agreed with the merchant to guarantee payment of all cardholder checks cashed or accepted by the merchant.
(2) Requesting a purchaser to display a credit or charge card as a means of identifica tion, or as an indication of credit worthiness or financial responsibility; or
(3) Recording on the check or elsewhere the type of credit or charge card displayed for the purposes of paragraph (2) of this subsection and the credit or charge card expiration date; or
(4) Recording the address or telephone number of a credit cardholder if the information is necessary for the shipping, delivery, or installation of consumer goods, or for special or ders of consumer goods or services.
(g) This Code section shall not require acceptance of a check or draft because a credit card is presented."
Section 2. Said part is further amended by striking the introductory language of subsection (a) of Code Section 10-1-397, relating to the authority of the administrator to issue cease and desist orders or civil penalties, and inserting in lieu thereof new introductory language to read as follows:
"(a) Whenever it may appear to the administrator that any person is using, has used, or is about to use any method, act, or practice declared by Code Section 10-1-393, Code Sec tion 10-1-393.1, Code Section 10-1-393.2, Code Section 10-1-393.3, or by regulations made under Code Section 10-1-394 to be unlawful and that proceedings would be in the public interest, whether or not any person has actually been misled, he may:".
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on SB 39.

On the motion, 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 Edge Egan English Foster Garner Gillis Hammill Harris Hasty

Henson Hill Hooks Huggins Johnson Langford Marable Newbill Olmstead Perdue

2094

JOURNAL OF THE SENATE

Perry Phillips
f
Rganof Ramsey Ray

Robinson Scott Starr ^ate Taylor Thompson

Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Dawkins Deal

Kidd Moye

Shumake Steinberg

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 39.

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

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 House amendments were as follows:

Amendment No. 1:

Amend Senate Bill 208 on page 1, line 17 by deleting the word "assure" and inserting in lieu thereof "encourage". Further amend on page 1, line 17 by deleting "frequent and".

Amendment No. 2:

Amend SB 208 by adding "and grandparents" after "parents" on lines 5 and 18, page 1.

Senator Edge of the 28th moved that the Senate agree to the House amendments to SB 208.

On the motion, 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 Collins Dean Echols Edge

Egan English Foster Gillis Harris Hasty Henson Hill Hooks Langford Marable

Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott

WEDNESDAY, MARCH 13, 1991

2095

Starr Tate Taylor

Thompson Turner Tysinger

Walker of 43rd White

Those not voting were Senators:

Albert Broun Dawkins Deal (excused conferee) Garner (excused conferee)

Hammill Huggins Johnson Kidd Phillips

Ramsey Shumake Steinberg Timmons Walker of 22nd

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 208.

The following general bill of the House, having been read the third time and final ac tion suspended on March 11, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator English of the 21st.

The substitute to HB 886 offered by Senators Garner of the 30th and Johnson of the 47th on March 11, as it appears in the Journal of March 11, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 30, nays 1, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun Burton Coleman Collins DEgeaann
English Foster Garner
Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins Johnson Kidd MMoayraeble
Newbill Perdue Perry
Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tt
a
Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

2096

JOURNAL OF THE SENATE

Those not voting were Senators:

Albert Clay Dawkins Deal

Echols Edge Langford Olmstead

Phillips Shumake Starr Timmons

On the passage of the bill, the yeas were 44, nays 0.

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

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

HB 187. By Representatives Thomas of the 69th and Simpson of the 70th:
A bill to amend Code Section 17-6-11 of the Official Code of Georgia Annotated, relating to the deposit of a driver's license in lieu of bail, so as to provide for extension of the period in which the receipt for deposit of a driver's license in lieu of bail is valid.
Senate Sponsors: Senators Deal of the 49th 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:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dean Echols Edge English Foster

Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue

Perry Phillips Pollard Ragan of 10th Ragan of 32nd Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Dawkins Deal (excused conferee) Egan Garner (excused conferee)

Hammill Ramsey Ray Shumake

Taylor Timmons 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.

WEDNESDAY, MARCH 13, 1991

2097

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.
Senate Sponsors: Senators Dawkins of the 45th and Robinson of the 16th.

Senator Edge of the 28th offered the following amendment:

Amend HB 188 by inserting on line 20 of page 1 following the word "states" the following:
"specially appointed by the court for that purpose or by someone".

On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins 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 Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Dawkins Deal (excused conferee)

Garner (excused conferee) Timmons Shumake

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 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

2098

JOURNAL OF THE SENATE

revise provisions for the issuance of licenses generally; to revise qualifications for a license.
Senate Sponsor: Senator Kidd of the 25th.

The Senate Committee on Governmental Operations offered the following amendment:

Amend HB 772 by striking line 20 of page 4 and inserting in lieu thereof the following: "decisions or transactions, and."

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

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Broun Burton
C~ loaeyman
Echois CDoelalm n S
Edge Egan English Foster Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins
JRoihdndson
TLMaanrgafrbolredJ
Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott
SStteairnrberg
rTTraattyelor
Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bowen Dawkins Deal (excused conferee)

Garner (excused conferee) Moye

Shumake Timmons

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

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

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

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.

WEDNESDAY, MARCH 13, 1991

2099

Senator Robinson of the 16th moved that the Senate recede from the Senate amend ments to HB 774.

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 Clay CCoollleimnsan
Dean Echols Edge Egan English Foster Gillis

Hammill Harris Hasty Henson Hil1 Huggins Johnson KLaidndgford
Marable Newbill Olmstead Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott c, %Ste*m?,berg
late Taylor Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Dawkins Deal (excused conferee)

Garner (excused conferee) Hooks Moye

Shumake Timmons Walker of 22nd

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate receded from the Senate amendments to HB 774.

The following resolution of the Senate was read and put upon its adoption:

SR 319. By Senators Deal of the 49th and Garner of the 30th:
A resolution relative to adjournment by the General Assembly at 11:00 o'clock P.M. on Wednesday, March 13, 1991, and to reconvene on Friday, March 15, 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 President ordered a roll call, 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 English Foster Garner Gillis Hammill Harris Hasty Henson Hill

Hooks Huggins Johnson Kidd Langford Marable Newbill Olmstead Perdue Perry Phillips

2100

JOURNAL OF THE SENATE

Pollard Ragan of 10th Raganof32nd Ramsey Ray
Robinson

Scott Shumake Starr Stemberg Tate
Taylor

Thompson Turner
J* Walker of 43rd White

Voting in the negative was Senator Walker of the 22nd.

Those not voting were Senators:

Bowen Collins

Dawkins Moye

Timmons

On the adoption of the resolution, the yeas were 50, nays 1.

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

At 5:35 o'clock P.M., the President announced that the Senate would stand in recess until 6:05 o'clock P.M.

At 6:05 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, called the Sen ate to order.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:

SB 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 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 House insists on its position in substituting the following bill of the Senate:

SB 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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; to provide for the composition of such council.

The House insists on its position in disagreeing to the Senate substitute, and has ap-

WEDNESDAY, MARCH 13, 1991

2101

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 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.
The Speaker has appointed on the part of the House, Representatives Barnett of the 10th, Parham of the 105th and Birdsong of the 104th.
The House insists on its position in disgreeing 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 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.
The Speaker has appointed on the part of the House, Representatives Byrd of the 153rd, Watson of the 114th and Kilgore of the 42nd.
The House has failed to give the requisite constitutional majority to the following reso lution of the Senate:
SR 317. 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 926. By Representatives Morsberger of the 62nd, Goodwin of the 63rd, Barnett of the 59th and Breedlove of the 60th: A bill to amend an Act providing a county historian for Gwinnett County, so as to change the provisions relating to the county historian.
HB 1065. By Representative McKinney of the 35th: A bill to provide that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake within a residential area.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
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.

2102

JOURNAL OF THE SENATE

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 cluding a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date.

SB 178. By Senators Thompson of the 33rd, Newbill of the 56th, Dean of the 31st 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 or witnesses of certain crimes; to provide an effective date.

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

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. Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay Coleman Collins Dean Echols Egan English Foster Gillis Hammill Hasty

Hill Hooks Huggins Kidd Langford 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 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Bowen Dawkins

Deal (presiding) Edge Garner (excused conferee) Harris

Henson Johnson (excused conferee) Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

WEDNESDAY, MARCH 13, 1991

2103

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. Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay Coleman Collins DEcehaonls Egan
English Foster
Gillis Hammill Hasty

Hill Hooks Huggins Kidd Langford Marable Moye NPeerwdbuiell Perry
Phillips Pollard
Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg Tate Taylor TMThompson Timmons
lurner Tysinger
Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Bowen Dawkins

Deal (presiding) Edge Garner Harris

Henson Johnson Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

HR 42. By Representative Barnett of the 10th: A resolution compensating Mr. Edmund J. Heartstedt in the sum of $454.63. Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay

Coleman Collins Dean Echols Egan

English Foster Gillis Hammill Hasty

2104

JOURNAL OF THE SENATE

Hill Hooks Huggins Kidd LMaanrgafbolred
Moye Newbill
Perdue
Perry

Phillips Pollard Ragan of 10th Ragan of 32nd RRaamy sey
Robinson Scott
Starr
Steinberg

Tate Taylor Thompson Timmons T,iWurnnperr
Tysmger Walker of 22nd
Walker of 43rd
White

Those not voting were Senators:

Albert Bishop Bowen Dawkins

Deal (presiding) Edge Garner Harris

Henson Johnson Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

HR 104. By Representative Pettit of the 19th: A resolution compensating Conestoga Management, Inc., L. F. Heilman, Presi dent, in the sum of $378.84.
Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton
Clay Coleman Collins Dean Echols Egan
English Foster Gillis Hammill Hasty

Hill Hooks Huggins Kidd
Langford Marable Moye Newbill Perdue Perry
Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg
Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Bowen Dawkins

Deal (presiding) Edge Garner Harris

Henson Johnson Olmstead Shumake

WEDNESDAY, MARCH 13, 1991

2105

On the adoption of the resolution, the yeas were 44, nays 0.

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

HR 107. By Representative Wilder of the 21st: A resolution compensating Ms. Wilma G. Hargus in the sum of $653.65. Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay Coleman Collins DEcehaonls
Egan
English
Foster Gillis Hammill Hasty

Hill Hooks Huggins Kidd Langford Marable Moye NPeerwdbuiell
Perry
Phillips
Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg Tate Tavlor ^Th;omLpTM son
Timmons
Turner
Tysmger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop
Bowen Dawkins

Deal (presiding) Edge
Garner Harris

Henson Johnson
Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

HR 109. By Representative Adams of the 79th: A resolution compensating Mr. Gary J. Daniel in the sum of $1,595.22. Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

2106

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay Coleman DCoelalnins
Echols
Egan
English
Foster
Gillis Hammill Hasty

Hill Hooks Huggins Kidd Langford Marable NMeowyebill
Perdue
Perry
Phillips
Pollard
Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg Tate T**y,lor
Thompson
Timmons
Turner
Tysinger
Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop
Bowen Dawkins

Deal (presiding) Edge
Garner Harris

Henson Johnson
Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

HR 119. By Representative Orrock of the 30th: A resolution compensating Mr. Keith Stephen Marks in the sum of $13,741.00. Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay Coleman Collins DEcehaonls
Egan
English
Foster
Gillis Hammill Hasty

Hill Hooks Huggins Kidd Langford Marable Moye PNeerwdbuiell
Perry
Phillips
Pollard
Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg Tate T, iT,Shompson
Timmons
Turner
Tysinger
Walker of 22nd Walker of 43rd White

WEDNESDAY, MARCH 13, 1991

2107

Those not voting were Senators:

Albert Bishop Bowen Dawkins

Deal (presiding) Edge Garner Harris

Henson Johnson Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

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. Senate Sponsor: Senator Johnson of the 47th.

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

On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton
Clay Coleman Collins Dean Echols Egan English Foster Gillis Hammill Hasty

Hill Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey

Ray Robinson Scott Starr Steinberg
T1 falltea
Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Bowen Dawkins

Deal (presiding) Edge Garner Harris

Henson Johnson Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

HR 336. By Representative Padgett of the 86th: A resolution compensating Mr. Marshall D. Coursey in the sum of $952.41. Senate Sponsor: Senator Johnson of the 47th.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to.

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On the resolution involving an appropriation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

Alien Baldwin Broun Burton Clay Coleman Collins DEcehaonls
Egan
English
Foster
Gillis
Hammill
Hasty

Hill Hooks Huggins Kidd Langford Marable Moye NPeerwdbuiell
Perry
Phillips
Pollard
Ragan of 10th
Ragan of 32nd
Ramsey

Ray Robinson Scott Starr Steinberg Tate
T,,T,ahyolmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert
Bishop Bowen Dawkins

Deal (presiding)
Edge Garner Harris

Henson
Johnson Olmstead Shumake

On the adoption of the resolution, the yeas were 44, nays 0.

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

The President resumed the Chair.

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

HB 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.
Senate Sponsor: Senator Gillis of the 20th.

The Senate Committee on Natural Resources offered the following amendment:

Amend HB 648 by inserting on line 21 of page 1 between the word "If and the word "such" the following:
"in the opinion of the director".

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

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

WEDNESDAY, MARCH 13, 1991

2109

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 Dean
Echols
Egan
English Foster
Gillis
Hammill

Hasty Hill Hooks Huggins Kidd Langfu,rd Marable Moye Newbill Olmstead
Perdue
Perry
Phillips Pollard
Ragan of 10th
Ragan of 32nd

Ramsey Ray Robinson Scott Starr Steinberg Tate ,,, ^aylor Thompson
Timmons
Turner
Tysinger Walker of 22nd
Walker of 43rd
White

Those not voting were Senators:

Albert Bishop Dawkins

Edge Garner (excused conferee) Harris

Henson Johnson (excused conferee) Shumake

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

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

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.
Senate Sponsors: Senators Baldwin of the 29th and Egan of the 40th.

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

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

Those voting in the affirmative were Senators:

Alien Baldwin Bowen Broun Burton Clay Coleman Collins Deal Dean Echols Egan Foster Garner

Gillis Hammill Hasty Hill Hooks Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd

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Walker of 43rd

White

Those not voting were Senators:

Albert Bishop
Dawkins Edge

English Harris
Henson Huggins

Langford Ragan of 10th
Ramsey Shumake

On the passage of the bill, the yeas were 44, nays 0.

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

The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:

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.

The House substitute to SB 58 was as follows:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, is amended by adding between Code Sections 40-6-393 and 40-6-394 a new Code Section 40-6-393.1 to read as follows:
"40-6-393.1. (a) (1) A person commits the offense of feticide by vehicle in the first de gree if he causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child through the violation of Code Section 40-6390 or 40-6-391, which would be homicide by vehicle in the first degree as provided in sub section (a) or (c) of Code Section 40-6-393 if it resulted in the death of such mother.
(2) A person convicted of the offense of feticide by vehicle in the first degree shall be punished by imprisonment for not less than two years nor more than 15 years.
(b) (1) A person commits the offense of feticide by vehicle in the second degree if he causes the death of an unborn child so far developed as to be ordinarily called 'quick' by any injury to the mother of such child by violating any provision of this title other than Code Section 40-6-390 or 40-6-391, which would be homicide by vehicle in the second degree as provided in subsection (b) of Code Section 40-6-393 if it resulted in the death of such mother.
(2) A person convicted of the offense of feticide by vehicle in the second degree shall be punished as provided in Code Section 17-10-3."
Section 2. 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 58.

WEDNESDAY, MARCH 13, 1991

2111

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 Coleman
Collins Deal Dean
Echols English
Foster Gillis
Hammill

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 Taylor Thompson
Timmons Turner
Tysinger Walker of 22nd
White

Those not voting were Senators:

Albert Bishop
Dawkins Edge

Egan Garner (excused conferee)
Harris Johnson (excused conferee)

Ragan of 10th Shumake Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 58.

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 House substitute to SB 67 was as follows:

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

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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.
(6.1) 'Opponent' means any person who opposes a rezoning action or any attorney or other person representing or acting on behalf of a person who opposes a rezoning action.
(6.2) 'Oppose' means to appear before, discuss with, or contact, either orally or in writ ing, any local government or local government official and argue against a rezoning action.
(6.3) '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 pargaraph (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.

WEDNESDAY, MARCH 13, 1991

2113

36-67A-3. (a) When any applicant for rezoning action has made, within two years imme diately preceding the filing of that applicant's application for the rezoning action, campaign contributions aggregating $250.00 or more to a local government official who will consider 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 two 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.
(c) When any opponent of a rezoning action has made, within two years immediately preceding the filing of the rezoning action being opposed, campaign contributions aggregat ing $250.00 or more to a local government official of the local government which will con sider the application, it shall be the duty of the opponent to file a disclosure with the gov erning 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 op ponent 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.
(d) The disclosure required by subsection (c) of this Code section shall be filed at least five calendar days prior to the first hearing by the local government or any of its agencies on the rezoning application.
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.
(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.

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(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 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 moved that the Senate agree to the House substitute to SB 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 Broun Burton Clay Coleman Collins Deal Dean Echols Egan Foster Gillis

Hammill Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Phillips

Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bishop
Bowen Dawkins Edge
English

Garner
Harris Hooks Langford
Pollard

Ragan of 10th Ramsey
Timmons Walker of 22nd

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 67.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

WEDNESDAY, MARCH 13, 1991

2115

The Conference Committee report on HB 70 was as follows:

The Committee of Conference on HB 70 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 70 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Arthur B. Edge, IV Senator, 28th District
/s/ Quillian Baldwin Senator, 29th District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Denmark Groover, Jr. Representative, 99th Disctrict
/s/ Tommy Chambless Representative, 133rd District

Conference Committee 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 $10,000.00 or less shall be taken as provided in such Code section; to pro vide 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 $10,000.00 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.

Senator Baldwin of the 29th moved that the Senate adopt the Conference Committee report on HB 70.

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

Those voting in the affirmative were Senators:

Albert Baldwin Broun Clay Coleman Deal Dean Echols Egan English

Foster Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson

Kidd Marable Moye Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey

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Ray Robinson
Steinberg Tate

Taylor Thompson
Timmons Turner

Tysinger Walker of 22nd
Walker of 43rd White

Those voting in the negative were Senators:

Alien Burton

Collins

Shumake

Those not voting were Senators:

Bishop Bowen Dawkins

Edge Harris Langford

Olmstead Perdue Scott

On the motion, the yeas were 43, nays 4; the motion prevailed, and the Senate adopted the Conference Committee report on HB 70.

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

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 bona fide agricultural purposes, so as to change certain provisions relating to the beginning date of a covenant period.
Senate Sponsor: Senator Starr of the 44th.

Senator Starr of the 44th offered the following amendment:

Amend HB 266 by striking lines 1 through 5 of page 1 and inserting in its place the following:
"To amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to change certain provisions relating to the beginning date of certain preferential assessment covenant periods; to change certain provisions re garding the making of certain final settlements by tax officials; to".
By striking lines 9 through 12 of page 1 and inserting in its place the following:
"Section 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by striking subsection (d) of Code Section 485-7.1, relating to the preferential tax assessment,".
By redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and by inserting between lines 2 and 3 of page 2 the following:
"Section 2. Said chapter is further amended by adding a subsection (c) at the end of Code Section 48-5-153, relating to certain reports of unpaid taxes, to read as follows:
'(c) With respect to any county operating on a fiscal year basis, the settlement period of subsection (b) of this Code section shall be within four months following the end of such fiscal year.' ".
On the adoption of the amendment, the yeas were 31, nays 0, and the amendment was adopted.

WEDNESDAY, MARCH 13, 1991

2117

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 urton
C~Coo,llyelimnsan Dawkins Tjeai Dean Echols English Foster

Hammill Hasty Henson Hill Hooks Huggins Johnson
K,M,iadrdab,.le Move Newbill Olmstead Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake
_ST,taayrl,ror Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Edge Egan Garner Gillis

Harris Langford Phillips

Steinberg Tate Thompson

On the passage of the bill, the yeas were 46, nays 0.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House adheres to its position in insisting on its amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:

SB 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 Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Watson of the 114th and Coleman of the 118th.

The House insists on its position in disagreeing to the Senate substitute, and has ap-

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JOURNAL OF THE SENATE

pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Byrd of the 153rd, Watson of the 114th and Breedlove of the 60th.
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 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others: 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.
The Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth.
The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like com mittee on the part of the Senate on the following resolution of the House:
HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others: A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.
The Speaker has appointed on the part of the House, Representatives Smith of the 152nd, Coleman of the 118th and Lane of the lllth.
The following bill and resolution of the House were taken up for the purpose of consid ering the House action thereon:
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.
Senator Kidd of the 25th moved that the Senate adhere to the Senate substitute to HB 295, and that a Conference Committee be appointed.

WEDNESDAY, MARCH 13, 1991

2119

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 295.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Olmstead of the 26th and Walker of the 43rd.

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.
Senator Coleman of the 1st moved that the Senate adhere to the Senate amendment to HR 286, and that a Conference Committee be appointed.
On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to HR 286.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Coleman of the 1st, Dean of the 31st and Huggins of the 53rd.
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:

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.
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 Deal Dean Echols Egan English Foster

Garner Hammill Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Timmons Turner Walker of 22nd Walker of 43rd White

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JOURNAL OF THE SENATE

Those not voting were Senators:

Dawkins Edge Gillis

Harris Hooks Ramsey

Thompson Tysinger

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 House, having been read the third time and final ac tion suspended on March 12, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage:

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.
Senate Sponsor: Senator Garner of the 30th.

The substitute to HB 454 offered by Senator Hill of the 4th on March 12, as it appears in the Journal of March 12, was automatically reconsidered and put upon its adoption.

On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster

Garner 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 Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

WEDNESDAY, MARCH 13, 1991

2121

Those not voting were Senators:

Edge Gillis

Hammill Harris

Phillips

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

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:

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.

The House has agreed to the Senate amendment to the House substitute to the follow ing bill 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.

The House agrees to the Senate amendment to the House substitute, as amended, to the following bill of the Senate:

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 House has adopted by the requisite constitutional majority the following resolution of the Senate:

SR 319. By Senators Deal of the 49th and Garner of the 30th: A resolution relative to adjournment.

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 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

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purposes of the "Georgia Administrative Procedure Act," so as to provide that hearing officers may have certain powers and duties in certain circumstances.
Senate Sponsors: Senators Olmstead of the 26th and Alien of the 2nd.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen
Broun urton

Foster Hammill Hasty Hooks
Huggins Johnson

CCoollleimnsan Dawkins Deal Dean Echols Egan English

TLKanidgdf,ord, Marable Moye Newbill Olmstead Perdue Perry

Pollard Ragan of 10th Ramsey Ray
Robinson Scott
TS--taayrl.ror Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bishop ^ Garne er Gillis Harris

Henson Hill Phillips Ragan of 32nd

Shumake Steinberg Tate 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.

HR 332. By Representatives Walker of the 115th, Murphy of the 18th, Porter of the 119th and others:
Senate Sponsor: Senator Baldwin of the 29th.

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 qualifications with respect to ability to rule impar tially and knowledgeably on matters involving regulation of utilities with the goal of ensur ing adequate utility supplies at the lowest practical rates; 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 IV, Section I of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph to read as follows:
"Paragraph I. Public Service Commission, (a) There shall be a Public Service Commis sion for the regulation of utilities which shall consist of five members who shall be ap-

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2123

pointed by the Governor in such manner as may be prescribed by law; and such law shall provide for a method of appointment from among nominees who are nominated on the basis of their qualifications with respect to ability to rule impartially and knowledgeably on mat ters involving regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates.

(b) The Commissioners elected prior to January 1, 1993, shall serve until the expiration of the terms for which they were elected. Thereafter, all succeeding terms of members shall be for six years. Members shall serve until their successors are appointed and qualified. A chairman shall be selected by the members of the commission from its membership on a
rotating annual basis.

(c) The commission shall be vested with such jurisdiction, powers, and duties as pro vided by law.

(c) The filling of vacancies on the commission shall be as provided by law."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"[ ] YES [ ] NO

Shall the Constitution be amended so as to provide that future members of the Public Service Commission shall be appointed by the Governor from among nominees who are nominated on the basis of their qualifications with respect to ability to rule impartially and knowledgeably on matters involv ing regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates?"

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 Egan of the 40th offered the following substitute to HR 332:

A RESOLUTION
Proposing an amendment to the Constitution so as to provide that future commission ers of insurance, commissioners of agriculture, commissioners of labor, and members of the Public Service Commission shall be appointed by the Governor from among nominees who are nominated on the basis of their qualifications; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article II, Section III, Paragraph I of the Constitution is amended by striking subparagraphs (a) and (b) in their entirety and substituting in their places new subparagraphs (a) and (b) to read as follows:
"(a) As used in this Paragraph, the term 'public official' means the Governor, the Lieu tenant Governor, the Secretary of State, the Attorney General, the State School Superinten dent, and any member of the General Assembly.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the in dictment to the Governor or, if the indicted public official is the Governor, to the Lieuten ant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be com posed of the Attorney General, the Secretary of State, and the State School Superintendent.

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If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General As sembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney Gen eral and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commis sion shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer pe riod of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and ad versely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer's term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Pargraph and until initial conviction by the trial court, the officer shall continue to receive the compensation from his office. After initial conviction by the trial court, the officer shall not be entitled to receive the compensation from his office. If the officer is reinstated to office, he shall be entitled to receive any com pensation withheld under the provisions of this Paragraph."
Section 2. Article IV, Section I of the Constitution is amended by striking Paargraph I and inserting in its place a new Paragraph to read as follows:
"Paragraph I. Public Service Commission, (a) There shall be a Public Service Commis sion for the regulation of utilities which shall consist of five members who shall be ap pointed by the Governor in such mannner as may be prescribed by law; and such law shall provide for a method of appointment from among nominees who are nominated on the basis of their qualifications with respect to ability to rule impartially and knowledgeably on mat ters involving regulation of utilities with the goal of ensuring adequate utility supplies at the lowest practical rates.
(b) The Commissioners elected prior to January 1, 1993, shall serve until the expiration of the terms for which they were elected. Thereafter, all succeeding terms of members shall be for six years. Members shall serve until their successors are appointed and qualified. A chairman shall be selected by the members of the commission from its membership on a rotating annual basis.
(c) The commission shall be vested with such jurisdiction, powers, and duties as pro vided by law.
(d) The filling of vacancies on the commission shall be as provided by law."
Section 3. Article V, Section II, Paragraph VIII of the Constitution is amended by strik ing subparagraph (b) in its entirety and inserting in its place a new subparagraph (b) to read as follows:
"(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, or State School Superin tendent, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individ-

WEDNESDAY, MARCH 13, 1991

2125

ual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified."

Section 4. Article V, Section III of the Constitution is amended by striking Paragraph I and inserting in its place a new Paragraph I to read as follows:

"Paragraph I. Other executive officers, (a) The Secretary of State, Attorney General, and State School Superintendent shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor.

(b) Those persons serving as Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor on January 1, 1993, shall continue to serve out their respective terms of office for the remainder of the terms to which such persons were elected and until their respective successors are appointed and qualified. Those and all future successors to the office of commissioner of insurance, commissioner of agriculture, and commissioner of labor shall be appointed by the Governor in such manner as may be prescribed by law; and such law shall provide for a method of appointment from among nominees who are nomi nated on the basis of their qualifications for such offices. Persons appointed to such offices shall serve for terms of office of four years each and until their respective successors are appointed and qualified. Any person appointed to the office of commissioner of insurance, commissioner of agriculture, or commissioner of labor may be removed from such office under such conditions as provided by law, and any vacancy occurring in any such office shall be filled as provided by law."

Section 5. Article V, Section IV of the Constitution is amended by striking Paragraphs I and II and inserting in their places new Paragraphs to read as follows:

"Paragraph I. 'Elected constitutional executive officer,' how defined. As used in this section, the term 'elected constitutional executive officer' means the Governor, the Lieuten ant Governor, the Secretary of State, the Attorney General, and the State School Superintendent.

Paragraph II. Procedure for determining disability. Upon a petition of any three of the elected constitutional executive officers to the Supreme Court of Georgia that another elected constitutional executive officer is unable to perform the duties of office because of a physical or mental disability, the Supreme Court shall by appropriate rule provide for a speedy and public hearing on such matter, including notice of the nature and cause of the accusation, process for obtaining witnesses, and the assistance of counsel. Evidence at such hearing shall include testimony from not fewer than three qualified physicians in private practice, one of whom must be a psychiatrist."

Section 6. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragaph 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 future commission ers of insurance, commissioners of agriculture, commissioners of labor, and members of the Public Service Commission shall be appointed by the Gov ernor from among nominees who are nominated on the basis of their qualifi cations?"

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 Pargaraph of the Constitution, it shall become a part of the Constitution of this state on January 1, 1993, except those parts of such amendment contained in Sections 1 and 5 of this resolution shall not become a part of such Constitution until January 1, 1995.

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Senator Baldwin of the 29th moved that HR 332 be committed to the Senate Commit tee on Judiciary.

On the motion, the yeas were 39, nays 0; the motion prevailed, and HR 332 was com mitted to the Senate Committee on Judiciary.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:

HB 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.

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

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.
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 roun urton

Hasty Henson Hill Hooks
Huggins Johnson Kidd

PCCoo,llyleimnsan Dawkins Deal Dean Echols English Foster Hammill

M.M.oayraebl,e Newbill Olmstead Perdue Perry Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott
Shumake Starr Steinberg
T_Taaytel,or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

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2127

Those not voting were Senators:

Edge Egan Garner

Gillis Harris

Langford Phillips

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

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

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

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 cluding a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date.

The House substitute to SB 386 was as follows:

A BILL
To be entitled an Act to provide that the Council of the City of Atlanta shall site no new solid waste disposal facility, including a sewage sludge incinerator, until they enact local solid waste disposal plans; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) As of the effective date of this Act, the Council of the City of Atlanta shall not take any action to select a site for or to approve the operation of any additional municipal solid waste disposal facility, as defined in Code Section 12-8-22 of the O.C.G.A., specifically including, but not limited to, a sewage sludge incinerator until the council enacts and implements a local solid waste management plan which provides for the reduction and recycling of solid waste generated within the city in accordance with the procedures and standards provided in Code Section 12-8-31.1 of the O.C.G.A.
(b) As of the effective date of this Act, the Council of the City of Atlanta shall not take any action to select a site for or to approve the operation of any additional private solid waste disposal facility, as defined in Code Section 12-8-22 of the O.C.G.A., which has not filed an application for review and approval with the Environmental Protection Division of the Department of Natural Resources, specifically including, but not limited to, a sewage sludge incinerator until the council enacts and implements a local solid waste management plan which provides for the reduction and recycling of solid waste generated within the city in accordance with the procedures and standards provided in Code Section 12-8-31.1 of the O.C.G.A.
(c) This Act shall apply to any sites under consideration on the effective date of this Act and shall not apply to existing sites in operation on the effective date of this Act except for sewage sludge incinerators.
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 part of laws in conflict with this Act are repealed.

Senator Scott of the 36th moved that the Senate agree to the House substitute to SB 386.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen
Broun J^011 iCDrC; ooe,,,allylel.mmsan Dean Echols Egan English Foster Garner Hammill

Hasty Henson Hill
Hooks Huggins
Johnson Kidd L.M..,.aanyrgaefb,o,lred Newbill Olmstead Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray
Robinson Scott
Shumake Starr T,,TS_,taaeyt,ieln.obrerg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Dawkins

Gillis

Edge

Harris

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 386.

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

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.
Senate Sponsors: Senators Walker of the 22nd and Walker of the 43rd.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen
Broun Burton

Clay Coleman Collins
Deal Dean
Echols Edge

English Foster Garner
Hammill Hasty
Hill Hooks

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2129

Huggins Johnson Kidd M,MO,,loamyrasebtelead
Perdue Perry
Phillips

Pollard Ragan of 10th Ramsey RnRScaooybi titnson
Shumake Starr
Steinberg

Tate Taylor Thompson r,,T1r,-uimmrnmmenornnas
Tysmger Walker of 43rd
White

Voting in the negative was Senator Langford.

Those not voting were Senators:

Dawkins Egan
Gillis

Harris Henson
Newbill

Ragan of 32nd 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.

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

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 House substitute to SB 178 was as follows:

A BILL
To be entitled an Act 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 3 of Chapter 8 of Title 17 of the Official Code of Georgia Annotated, relating to criminal trial proceedings, is amended by striking Code Section 17-8-55 which reads as follows:
"17-8-55. In all proceedings involving the criminal charges specified in this Code sec tion, the state or the defendant may apply for an order to televise out of open court the testimony of a child 10 years of age or younger who has been the victim of violations of subsection (b) of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, or subsec tion (c) of Code Section 16-6-4. In all proceedings in which the court grants an order to broadcast testimony, the court shall clear the courtroom of all other persons except the judge, counsel for the parties, the defendant, a bailiff, and a parent, guardian, child psychol ogist, or other qualified person appointed by the court to represent the interests of the witness. The proceedings shall be televised live to the jury in the jury room or other appro-

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priate place in the courthouse. The court may grant an order to televise testimony as pro vided in this Code section only if it finds that:
(1) The victim of the offense is a child 10 years of age or younger;
(2) There is a substantial likelihood that such child will suffer severe emotional or mental distress if required to testify in open court; and
(3) The rights of the defendant will not be unduly prejudiced thereby.",
and inserting in its place a new Code section to read as follows:
"17-8-55. (a) In all proceedings involving the criminal charges specified in this Code section, the court may order that the testimony of a child 10 years of age or younger who has been the victim of any violation of Code Section 16-5-70, Code Section 16-6-1, Code Section 16-6-2, Code Section 16-6-4 or Code Section 16-6-5.1 be taken outside the court room and shown in the courtroom by means of a two-way closed circuit television. An order may be granted in such cases only if:
(1) The testimony is taken during the criminal trial proceeding for such violation; and
(2) The judge determines that testimony by the child victim in the courtroom will re sult in the child's suffering serious emotional distress such that the child cannot reasonably communicate.
(b) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child who testifies by two-way closed circuit television.
(c) The operators of the two-way closed circuit television shall make every effort to be unobtrusive.
(d) Only the following persons may be in the room with the child when the child testi fies by two-way closed circuit television:
(1) The prosecuting attorney;
(2) The attorney for the defendant;
(3) The operators of the two-way closed circuit television equipment;
(4) The judge; and
(5) In the court's discretion, any person whose presence, in the opinion of the court, contributes to the well-being of the child, including a person who has dealt with the child in a therapeutic setting concerning the crime. The defendant and defendant's counsel shall be notified at least 24 hours before the closed circuit testimony as to the prosecution's repre sentatives and any other persons who shall be present in the room with the child victim during the child's testimony.
(e) During the child's testimony by two-way closed circuit television, the defendant shall be in the courtroom.
(f) The defendant shall be allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method.
(g) The provisions of this Code section do not apply if the defendant is an attorney pro se.
(h) This Code section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the child victim and the defendant in the courtroom at the same time."
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.

WEDNESDAY, MARCH 13, 1991

2131

Senator Thompson of the 33rd moved that the Senate agree to the House substitute to SB 178.

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 Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster

Garner 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 Taylor Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Gillis

Tate

Harris

Walker of 22nd

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 178.

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

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.

Senator Perry of the 7th moved that the Senate adhere to the Senate substitute to HB 605, and that a Conference Committee be appointed.

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 605.

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

Senators Egan of the 40th, Hill of the 4th and Henson of the 55th.

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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 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 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.
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 Clay Coleman Collins Dean Echols Edge Egan Foster Hammill

Hasty 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 43rd White

Voting in the negative was Senator Deal.

Those not voting were Senators:

Dawkins English Garner

Gillis Harris Henson

Langford Newbill 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.

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.
Senate Sponsor: Senator Walker of the 43rd.

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

WEDNESDAY, MARCH 13, 1991

2133

On 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 Deal Dean Echols Edge Egan English Foster Garner

Hammill
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

Those not voting were Senators:

Alien Dawkins

Gillis Harris

Langford

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 amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HB 886 by striking all after "vehicles" on line 2, page 1, through "belt" on line 9, page 1, and striking Section 1 in its entirety, and renumbering the remaining sections accordingly.

Senator English of the 21st moved that the Senate disagree to the House amendment to the Senate substitute to HB 886.

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 886.

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JOURNAL OF THE SENATE

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

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 361, and that a Conference Committee be appointed.

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate adhered to the Senate substutute to HB 361.

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

Senators Newbill of the 56th, Deal of the 49th and Hammill of the 3rd.

Senator Bishop of the 15th moved that Senator Alien of the 2nd be excused from the Senate for the remainder of the day due to a family emergency.

On the motion, the yeas were 39, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate for the remainder of the day.

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

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.
Senate Sponsor: Senator Burton of the 5th.

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 637 (LC 7 7921) Retirement and Pension Systems--Pooled Funds (OCGA 47-1-2)

This bill amends provisions relating to the pooling of funds by retirement systems for investment purposes. The board of trustees or directors of any two or more retirement sys tems created by general law would be allowed to pool their trust funds for the purposes of joint investment, whereas current provisions provide for such pooling of funds by retirement systems financed by state tax funds.

WEDNESDAY, MARCH 13, 1991

2135

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 Baldwin Bishop Bowen
Broun Burton
XCoTleman DDeaawlkins j-) Echols Edge English Foster Garner Hammill

Hasty Henson Hill Hooks
Huggins Johnson
KMiadrdable ,M,, oye Newbill Olmstead Perdue pey Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Robinson Scott
Shumake Starr
TStaetienberg m Tayilor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Collins

Those not voting were Senators:

Alien (excused) Egan

Gillis Harris

Langford Ramsey

On the passage of the bill, the yeas were 49, nays 1.

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

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

SB 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.

Senator Johnson of the 47th moved that the Senate adhere to the Senate amendment to the House substitute to SB 93, and that a Conference Committee be appointed.

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to the Senate amendment to the House substitute to SB 93.

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

Senator Johnson of the 47th, Baldwin of the 29th and Deal of the 49th.

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

HB 526. By Representatives Aiken of the 21st, Vaughan of the 20th and Coker 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.
Senate Sponsor: Senator Coleman of the 1st.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun

Foster Hammill Hasty Henson Hill

Clay CCoollleimnsan
Dawkins Deal Dean Echols Edge Egan English

Huggms JKoihdndson
Marable Moye Newbill Olmstead Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ray Robinson Scott
SShtaurmr ake ,,Stem. b, erg
1 fe Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Alien (excused) Garner Gillis

Harris Langford Phillips

Ramsey Taylor 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.

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.
Senate Sponsor: Senator Ray of the 19th.

WEDNESDAY, MARCH 13, 1991

2137

The Senate Committee on Corrections offered the following substitute to HB 125:

A BILL
To be entitled an Act 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 programs, so as to prohibit the use for the private gain of an individual of an offender sentenced to perform community service as a condition of probation; to provide for exceptions; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 4 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to participation of probationers in community service programs, is amended by striking Code Section 42-8-70 in its entirety and inserting in lieu thereof the following:
"42-8-70. (a) As used in this article, the term:
(1) 'Agency' means any private or public agency or organization approved by the court to participate in a community service program.
(2) 'Community service" means uncompensated work by an offender with an agency for the benefit of the community pursuant to an order by a court as a condition of probation. Such term also means uncompensated service by an offender who lives in the household of a disabled person and provides aid and services to such disabled individual, including, but not limited to, cooking, housecleaning, shopping, driving, bathing, and dressing.
(3) 'Community service officer' means an individual appointed by the court to place and supervise offenders sentenced to community service. Such term may mean a paid profes sional or a volunteer.
(b) Except as provided in subsection (c) of this Code section, it shall be unlawful for an agency or community service officer to use or allow an offender to be used for any purpose resulting in private gain to any individual.
(c) Subsection (b) of this Code section shall not apply to:
(1) Services provided by an offender to a disabled person in accordance with paragraph (1) of subsection (c) of Code Section 42-8-72;
(2) Work on private property because of a natural disaster; or
(3) An order or direction by the sentencing judge.
(d) Any person who violates subsection (b) of this Code section 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 41, nays 0, and the substitute was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun Burton

Clay Coleman Collins Deal Dean Echols

Edge Egan English Foster Hammill Hasty

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Henson Hill Hooks Johnson
JMMyoayraeb.,le Newbill Olmstead Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd
R,,Raamy sey Robinson Scott Shumake Starr

Steinberg Tate Taylor Thompson
T,,Tiumrnmeor ns Tysmger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Dawkins Garner

Gillis Harris

Huggins Langford

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

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

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 Asssembly.
Senate Sponsor: Senator Olmstead of the 26th.

Senator Olmstead of the 26th offered the following amendment:

Amend HB 140 by adding on line 3 of page 1, between the word "to" and the word "provide", the following:
"change the composition of the Georgia Aviation Hall of Fame Board; to".
By striking in its entirety line 21 on page 1, which reads as follows:
"fame, is amended by designating Code Sections 50-12-70",
and inserting in lieu thereof the following:
"fame, is amended by striking in their entirety subsections (a) and (c) of Code Section 50-12-71, relating to the composition of the Aviation Hall of Fame Board, and inserting in lieu thereof new subsections (a) and (c) to read as follows:
'(a) The board shall be composed of members to be appointed as follows:
(1) Sixteen members shall be appointed by the Governor, five members for initial terms of two years; five members for initial terms of three years; four members for initial terms of four years; and two members provided for in 1991 for initial terms of five years. Seven of the members appointed by the Governor may reside in any area of the state. Of the remaining nine members appointed by the Governor, one member shall reside in and be appointed from each of the nine districts provided in subsection (b) of this Code section. Successors to such members shall be appointed by the Governor for terms of six years; and
(2) One member shall be appointed by the Commander of the Warner Robins Air Lo gistics Center at Robins Air Force Base in Houston County, Georgia, for an initial term of four years, and successors shall be appointed by the Governor for terms of six years. This member may reside in any area of the state.

WEDNESDAY, MARCH 13, 1991

2139

On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun Burton Clay Coleman Deal Echols Egan English Foster Garner Hammill

Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Olmstead Perdue Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Scott Shumake Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Dawkins

Dean

Robinson

Those not voting were Senators:

Alien (excused) Collins Edge

Gillis Harris Langford

Phillips Taylor

On the passage of the bill, the yeas were 45, nays 3.

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

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

HB 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.
Senate Sponsor: Senator 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:

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Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Burton Clav C.man
Dean Echols Edge Egan English Foster Garner 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

Those not voting were Senators:

Alien (excused) Broun

Gillis

Harris

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

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

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.
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 Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Foster Garner Hammill Hasty 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

WEDNESDAY, MARCH 13, 1991

2141

Turner Tysinger

Walker of 22nd Walker of 43rd

White

Those not voting were Senators:

Alien (excused) Broun

Gillis Harris

Henson Scott

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

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

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.
Senate Sponsor: Senator Henson of the 55th.

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 Dean Alford

State Representative

FROM:

G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

February 13, 1991

SUBJECT: Fiscal Note--House Bill 436 (LC 16 2161) Disposition of Unclaimed Cash Bonds

This bill allows counties to deposit into its general fund any cash bail bond that has not been claimed by the surety of the bond after seven years from the date a defendant was required to appear in court or the disposition date of the case (including any appeals), whichever occurs last. The county having trial venue of the case may claim such cash bonds provided that the surety has been notified by mail and has not claimed a refund of the bond within 90 days of the mailing date.

There should be no fiscal impact as a result of this bill since current provisions do not require that cash bonds be remitted to the State. In misdemeanor cases, OCGA 17-6-8 pro vides that forfeited cash bonds be applied in the same manner as fines. Other sections pro vide for forfeiture proceedings on any appearance bond and provides for the retention of these bonds by the county under certain conditions.

M 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:

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Those voting in the affirmative were Senators:

Albert Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English

Foster 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 Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Alien (excused) Garner Gillis Hammill

Harris Langford Olmstead

Shumake Steinberg Taylor

On the passage of the bill, the yeas were 46, nays 0.

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

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:

SB 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 following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

WEDNESDAY, MARCH 13, 1991

2143

The House substitute to SB 179 was as follows:
A BILL
To be entitled an Act to amend Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, so as to provide that the director of the Environmen tal Protection Division of the Department of Natural Resources shall not license or permit certain facilities which discharge pollutants under certain circumstances; to provide for lim ited immunity from liability for persons responding to an oil spill or threat of an oil spill; to provide for definitions; to provide for applicability; to provide for certain liability regarding removal costs and damages; to provide for liability with respect to certain responsible par ties; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to water resources, is amended by inserting at the end of Code Section 12-5-30, relating to permits for the construction and operation of facilities which discharge pollutants into wa ters of this state and related matters, a new subsection (g) to read as follows:
"(g) Notwithstanding any provision of this Code section or any other law to the con trary, the director shall not allow, license, or permit the construction, modification, or opera tion of any commerical facility which results or will result in the discharge of any pollutant if the construction, modification, or operation of such facility is or would be in violation of an ordinance of a county or municipal governing authority which proscribes such activity within a stated proximity to a river or stream, and any license or permit so granted prior to July 1, 1991, shall terminate on July 1, 1991."
Section 2. Said chapter is further amended by adding at the end thereof a new article, to be designated Article 7, to read as follows:
"ARTICLE 7
12-5-500. As used in this article, the term:
(1) 'Damages' means damages of any kind for which liability may exist under the laws of this state resulting from, arising out of, or related to the discharge or threatened dis charge of oil.
(2) 'Discharge' means any emission, other than natural seepage, whether intentional or unintentional, and includes, but is not limited to, spilling, leaking, pumping, pouring, emit ting, emptying, or dumping.
(3) 'Federal on-scene coordinator' means the federal official designated by the United States Environmental Protection Agency or the United States Coast Guard to coordinate and direct federal responses under subpart D or the official designated by the lead agency to coordinate and direct removal under subpart E of the National Contingency Plan.
(4) 'National Contingency Plan' means the National Contingency Plan prepared and published under Section 311(d) of the Federal Water Pollution Control Act, 31 U.S.C. 1321(d), as amended by the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).
(5) 'Oil' means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil.
(6) 'Person' means an individual, corporation, partnership, association, state, municipal ity, commission, political subdivision of a state, or any interstate body.
(7) 'Removal costs' means the costs of removal that are incurred after a discharge of oil has occurred or, in any case in which there is a substantial threat of a discharge of oil, the costs to prevent, minimize, or mitigate oil pollution from such an incident.
(8) 'Responsible party' means a responsible party as defined under Section 1001 of the federal Oil Pollution Act of 1990, Pub. L. No. 101-380, 104 Stat. 484 (1990).

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12-5-501. (a) Notwithstanding any other provision of law, a person is not liable for re moval costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the federal on-scene coordinator or by any state official with responsi bility for oil spill response.
(b) Subsection (a) of this Code section shall not apply:
(1) To a responsible party;
(2) With respect to personal injury or wrongful death;
(3) If the person is grossly negligent or engages in willful misconduct; or
(4) To a response under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601, et seq.).
(c) A responsible party shall be liable for any removal costs and damages that another person is relieved of under subsection (a) of this Code section.
(d) Nothing in this Code section shall affect the liability of a responsible party for oil spill response under any applicable state law."
Section 3. 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 179 as amended by the following amendment offered by Senators Coleman of the 1st and Gillis of the 20th:

Amend the House substitute to SB 179 by striking from lines 3 through 6 of page 1 the following:
"provide that the director of the Environmental Protection Division of the Department of Natural Resources shall not license or permit certain facilities which discharge pollutants under certain circumstances;".
By striking from line 16 of page 1 through line 6 of page 2 the following:
"amended by inserting at the end of Code Section 12-5-30, relating to permits for the construction and operation of facilities which discharge pollutants into waters of this state and related matters, a new subsection (g) to read as follows:
'(g) Notwithstanding any provision of this Code section or any other law to the con trary, the director shall not allow, license, or permit the construction, modification, or opera tion of any commercial facility which results or will result in the discharge of any pollutant if the construction, modification, or operation of such facility is or would be in violation of an ordinance of a county or municipal governing authority which proscribes such activity within a stated proximity to a river or stream, and any license or permit so granted prior to July 1, 1991, shall terminate on July 1, 1991.'
Section 2. Said chapter is further".
By striking from line 12 of page 4 the number "3" and inserting in lieu thereof the number "2".

On the motion offered by Senator Coleman of the 1st, 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 English

WEDNESDAY, MARCH 13, 1991

2145

Foster Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd

Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Starr Tate Taylor Thompson Timmons Turner Tysinger White

Those not voting were Senators:

Alien (excused)
Egan Garner Gillis Harris

Langford
Olmstead Ray Robinson Scott

Shumake Steinberg
Walker of 22nd Walker of 43rd

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 179 as amended by the Senate.

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

HB 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.
Senate Sponsor: Senator Hill of the 4th.

The Senate Committee on Transportation offered the following substitute to HB 671:

A BILL
To be entitled an Act 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 exceptions 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 circum stances; to provide for such circumstances; to provide for other matters relative to the fore going; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 40-6-3 the Official Code of Georgia Annotated, relating to the application of the uniform rules of the road to highways and exceptions to such require ments, is amended by striking the word "and" at the end of paragraph (4) of subsection (a), by striking the period at the end of paragraph (5) of subsection (a) and inserting in its place "; and", and by adding at the end of said subsection (a) a new paragraph (6) to read as follows:
"(6) (A) Subject to the approval of the governing authority of the county or municipal ity, the provisions of this chapter shall apply to a vehicle operated within a privately owned residential area located within the corporate boundaries of a municipality or located within the boundaries of a county, provided the owner of the privately owned residential area files with the governing authority of such county or municipality:
(i) A petition signed by 50 percent of the property owners located in said subdivision

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requesting the law enforcement agency of the county or municipality to enforce the uniform rules of the road within such privately owned residential area.
(ii) A plat delineating the location of roads, streets, and common areas within the pri vately owned residential area.
(B) Upon approval by the governing authority of the county or municipality, the law enforcement agency of such county or municipality shall enforce the uniform rules of the road within said privately owned residential area.
(C) All persons operating vehicles on the roads, streets, and common areas of said pri vately owned residential property shall be subject to all state and local traffic laws and regulations the same as if such private roads, streets, and common areas were public roads and streets.
(D) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in a newspaper of general circulation in the area and by posting signs along the private road, streets, and common areas specifying that the county law enforcement agency or municipal law enforcement agency will be enforcing the uniform rules of the roads on said private roads, streets, and common areas."
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:

Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Hammill

Hasty 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 Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Alien (excused) Egan

Garner Gillis Harris

Olmstead 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.

WEDNESDAY, MARCH 13, 1991

2147

The following bills of the House were read the first time and referred to committee:
HB 926. By Representatives Morsberger of the 62nd, Goodwin of the 63rd, Barnett of the 59th and others: A bill to amend an Act providing a county historian for Gwinnett County, so as to change the provisions relating to the county historian.
Referred to Committee on Urban and County Affairs.
HB 1065. By Representative McKinney of the 35th: A bill to provide that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake within a residential area.
Referred to Committee on Urban and County Affairs.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 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 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th: 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 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 House has passed, as amended, by the requisite constitutional majority the follow ing bill 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.

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

HB 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.
Senate Sponsor: Senator Baldwin of the 29th.

The Senate Committee on Judiciary offered the following amendment:

Amend HB 933 by striking on line 20 of page 10 the following: "45-2-93.",
and inserting in its place the following: "45-20-93."

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 A. Quillian Baldwin, Jr.

State Senator

FROM:

G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget

DATE:

March 13, 1991

SUBJECT: Fiscal Note--House Bill 933 (AM 15 0057) Drug Testing of Safety Sensitive and Critical Personnel

This bill provides for random drug testing of state employees (classified and unclassi fied, temporary and full-time) in certain positions classified as "safety sensitive" or "criti cal". The positions subject to testing would be certified by the appointing authority (upon written request to the commissioner) and would include employees with direct responsibility for law enforcement, drug treatment or counseling, transporting passengers, or the safety of others. Employees who refuse to submit to the test or who test positive would be immedi ately suspended for 15 days without pay. The bill also provides for drug testing of appli cants for safety sensitive or critical positions if the applicant is first given a conditional offer of employment.

The fiscal impact of this bill would be $387,000 - $400,000 per year and would affect aproximately 20,000 employees. This is based upon the Merit System maintaining its cur rent annual random testing percentage of 50% of the affected classified positions; an esti mate of additional unclassified positions which the appointing authority might request test ing on; and a 15% annual turnover rate in the positions. Currently 50% of 10,300 P.O.S.T. certified (law enforcement) employees are randomly tested each year at a cost of $250,000.

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The estimate of this bill is in addition to current testing costs and any reduction in the yearly sample percentage or cost of the contract price of $50 per test would reduce the cost of this bill.

/s/ G. W. Hogan State Auditor

/s/ Henry M. Huckaby Director, Office of Planning and Budget

Senator Kidd of the 25th moved that HB 933 be committed to the Senate Committee on Judiciary.

Senator Baldwin of the 29th moved the previous question.

Senator Kidd of the 25th moved that HB 933 be placed on the Table.

On the motion offered by Senator Kidd of the 25th to table, which motion takes prece dence, the President ordered a roll call, and the vote was as follows:

Those voting in the affirmative were Senators:

Albert Bishop Dawkins Echols English Garner Hammill Hill Hooks

Kidd Marable Moye Olmstead Perry Pollard Ragan of 10th Ragan of 32nd

Robinson Shumake Tate Timmons Turner Walker of 22nd Walker of 43rd White

Those voting in the negative were Senators:

Baldwin Bowen Broun Burton Clay Coleman Collins Deal Edge

Egan Foster Hasty Henson Huggins Johnson Newbill Perdue

Phillips Ramsey Ray Starr Steinberg Taylor Thompson Tysinger

Those not voting were Senators:

Alien (excused) Dean

Gillis Harris

Langford Scott

On the motion offered by Senator Kidd of the 25th, the yeas were 25, nays 25; the motion was lost, and HB 933 was not placed on the Table.

On the motion offered by Senator Baldwin of the 29th, the yeas were 41, nays 0; the motion prevailed, and the previous question was ordered.

Senator Kidd of the 25th moved that HB 933 be placed on the Table.

On the motion offered by Senator Kidd of the 25th, the President ordered a roll call, and the vote was as follows:

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Those voting in the affirmative were Senators:

Albert Bishop Broun Dawkins Echols English Garner Hammill Henson Hill

Hooks Johnson Kidd Marable Moye Olmstead Perry Pollard Ragan of 10th Ragan of 32nd

Those voting in the negative were Senators:

Ray Robinson Shumake Tate Timmons Turner Walker of 22nd Walker of 43rd White

Baldwin Bowen Burton Clay Coleman Collins Deal

Edge Egan Foster Hasty Huggins Newbill Perdue

Those not voting were Senators:

Phillips Ramsey Starr Steinberg Taylor Thompson Tysinger

Alien (excused) Dean

Gillis Harris

Langford Scott

On the motion, the yeas were 29, nays 21; the motion prevailed, and HB 933 was placed on the Table.

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 43.
SB 289.
Respectfully submitted,
/s/ Waymond C. Huggins, Chairman Senator, District 53

Senator Garner of the 30th moved that the Senate recess until 11:00 o'clock P.M. and, pursuant to SR 319, adopted previously, stand adjourned at 11:00 o'clock P.M. until 9:15 o'clock A.M. Friday, March 15. The President announced the motion prevailed at 8:28 o'clock P.M.

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Senate Chamber, Atlanta, Georgia Friday, March 15, 1991 Fortieth 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 the proceedings of Wednes day, March 13, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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.
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 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 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.
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

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maximum interest rate and a maximum annual principal and interest payment; to provide an effective date.
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 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.
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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate:
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.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 441. By Representatives Thomas of the 69th, Simpson of the 70th and Kilgore of the 42nd: A resolution creating the Joint Capital Outlay Study Committee.
The House has adopted the report of the Committee of Conference on the following bills of the House and Senate:
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.
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

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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.
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.
HR 286. By Representatives Smith of the 152nd, Coleman of the 118th, Benefield of the 72nd, Alford of the 57th, Walker of the 115th and others: A resolution endorsing Amtrak's proposed resumption of passenger rail service between Chicago and Florida with extensive service through Georgia.
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.
SB 328. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others:
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.
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 agreed to the Senate substitutes to the following bills of the House:
HB 1020. By Representatives Padgett of the 86th, Cheeks of the 89th, Brown of the 88th, Howard of the 85th, Williams of the 90th and others: A bill to amend an Act establishing the compensation of certain officials in Rich mond County, so as to authorize the governing authority of Richmond County to increase the compensation of said officials.
HB 1007. By Representatives Redding of the 50th, Oliver of the 53rd, Valenti of the 52nd, Williams of the 54th, Teper of the 46th and others: A bill to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing au thority of DeKalb County, so as to provide for the annual salary of the Chief Executive Officer.
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

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radiation-generating equipment to post a bond to ensure financial responsibility in certain contingencies.
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 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 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 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.
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.
HB 540. By Representatives Martin of the 26th and Randall of 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 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 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.

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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 operaton 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 the collection of the fee.
HB 537. By Representatives Jenkins of the 80th, Moultrie of the 93rd, Walker of the 113th, Martin of the 26th and Ray of the 98th:
A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in the probate courts, so as to change the court costs for certain services.
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 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 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 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 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.
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.

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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.
The House has agreed to the Senate amendments to the following bills of the House:
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 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 406. By Representatives Orrock of the 30th, Martin of the 26th, Brown of the 88th, Turnquest of the 56th and Bordeaux of the 122nd:
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 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 417. By Representatives Clark of the 20th, Post 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 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.

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HB 1011. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to provide a new charter for the City of Stockbridge.
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.
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 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 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 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 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 927. By Representatives Watson of the 114th and Walker of the 113th: A bill to create and establish the Warner Robins Building Authority, a body cor porate and politic and an instrumentality of the State of Georgia.
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

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

HB 730. Do pass by substitute.

HB 1056. Do pass.

HB 770. Do pass.

HB 1058. Do pass.

HB 1040. Do pass.

HB 1059. Do pass.

HB 1051. Do pass.

HB 1065. Do pass.

HB 1055. Do pass.

HB 518. Do pass as amended.

Respectfully submitted,

Senator Harris of the 27th District, Chairman

Serving as doctor of the day on March 14 when the Senate was in recess was Dr. Gordon Bunker of Valdosta, Georgia.

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

Alien Baldwin Bishop Broun Burton
Cloalyeman
gTMklns Dean
Egan
English Foster Garner Gillis Harris

Hasty Henson Hill Hooks Huggins
JKoihdndson
Langford Marable
Mye
Newbill Olmstead Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson
SShcoutmt ake
Starr Steinberg
Taylor
Thompson Turner Tysinger Walker of 43rd White

Those not answering were Senators:

Albert Bowen Collins Echols

Edge Hammill Ragan of 10th

Tate Timmons Walker of 22nd

Senator Dean of the 31st introduced the chaplain of the day, Dr. Frank McLeod, pastor of the New Georgia Baptist Church, Villa Rica, Georgia, who offered scripture reading and
prayer.

Senator Tysinger of the 41st introduced former Senator Bob Bell and his wife, Betty Ann, who presented her rendition of "God Bless America" in song.

Senators Perry of the 7th and White of the 48th introduced Lieutenant Colonel Barry Willey of the 24th Infantry Division at Fort Stewart who was commended by SR 297, adopted previously, and the Colonel briefly addressed the Senate.

The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, except HB 1022 which was passed and

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reconsidered on March 13 and placed on the Senate Local Consent Calendar for today, were put upon their passage:
SENATE LOCAL CONSENT CALENDAR
March 15, 1991
FORTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)
*HB 730 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Egan, 40th Newbill, 56th A bill to provide that residents of the Fulton County School District who are 65 years of age or over, or permanently disabled, and whose gross income from all sources does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes. (SUB STITUTE)
HB 770 Huggins, 53rd A bill to create the Walker County Water and Sewer Utility Authority.
HB 1022 Baldwin, 29th A bill to revise provisions relating to ad valorem school taxes for the City of Hogansville.
HB 1040 Newbill, 56th A bill to reincorporate the City of Roswell in Fulton County, so as to change the corporate limits of the city.
HB 1051 Edge, 28th A bill to change the composition of the membership of the Newnan-Coweta County Airport Authority.
HB 1055 Dean, 31st Marable, 52nd A bill to provide that the county school superintendent of Bartow County shall be appointed by vote of the board of education to serve at the pleasure of the board.
HB 1056 Dean, 31st Marable, 52nd A bill to provide that the chairman of the Board of Education of Bartow County shall be selected by the board on an annual basis as provided by board policy.
HB 1058 Hooks, 14th A bill to provide for filling vacancies in certain membership positions on the board of the Peach County Hospital Authority.

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HB 1059 Hooks, 14th
A bill to change the compensation of the chairman and members of the board of commissioners of Taylor County.

HB 1065 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Egan, 40th Newbill, 56th
A bill to provide that in Fulton County a residential property developer or builder shall obtain a certificate of approval from a registered engineer before building or developing within 500 feet of any lake within a residential area.

*HB 518**

Moye, 34th Langford, 35th Scott, 36th Tate, 38th Shumake, 39th Egan, 40th Steinberg, 42nd Henson, 55th
A bill to add provisions with respect to the creation of certain urban enter prise zones for residential purposes in the City of Atlanta. (AMENDMENT)

THE FOLLOWING OBJECTIONS WERE RECORDED:

*HB 518**

Senators Langford of the 35th, Scott of the 36th and Albert of the 23rd requested, as provided for in Senate Rule 113, that HB 518 be moved to the Senate Local Contested Calendar. HB 518 was placed on the Senate Local Contested Calendar for today.

The substitute and amendment to the following bills were put upon their adoption:

*HB 730:

The Senate Committee on Urban and County Affairs offered the following substitute to HB 730:

A BILL
To be entitled an Act to provide that each resident of the Fulton County School Dis trict who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed value of such person's homestead; to provide for practices and procedures in connection with such exemption; to provide for affidavits and forms; to pro vide for applicability; to provide for exceptions; to provide for related matters; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. (a) The homestead of each resident of the Fulton County School District who

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is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons residing within such homestead, does not exceed $30,000.00 per annum shall be exempted from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed value of the homestead, The value of the homestead in excess of $54,000.00 shall remain subject to taxation. For the purposes of this section, the term "homestead" means a homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.

(b) In order to qualify for the exemption provided for in subsection (a) of this section as being permanently disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chap ter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is men tally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent.

(c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Fulton County giving the person's age, or if permanently disabled, the certificate or cer tificates required by subsection (b) of this section, and the amount of gross income which the person and the person's spouse and any other persons residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.

(d) Applications for the homestead exemption provided for by this section shall be processed in the same manner as other applications for homestead exemption, and the pro visions of law applicable to the processing of homestead exemptions, as the same now exist or may hereafter be amended, shall apply thereto. After a person has filed the proper affida vit and certificate or certificates, if disabled, as provided in subsections (b) and (c) of this section, it shall not be necessary to make application and file such affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any such person, however, to notify the tax commissioner in the event such person becomes ineligible for any reason to receive the homestead exemption granted by this section.

(e) The homestead exemption granted by this section shall be in lieu of and not in addition to any other homestead exemption applicable to Fulton County School District ad valorem taxes. The homestead exemption granted by this section shall apply to all taxable years beginning after December 31, 1992.

(f) The homestead exemption granted by this section shall not apply to or affect any taxes levied to retire bonded indebtedness, state taxes, county taxes for county purposes, or municipal taxes.

Section 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Fulton County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Fulton County School District for approval or rejection. The election superintendent shall conduct that election on the same date as the November, 1992, state-wide general election and shall issue the call therefor not less than 30 nor more than 45 days prior to that date. The superinten dent 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 Fulton County. The ballot shall have written or printed thereon the words:

"[ ] YES [ ] NO

Shall the Act be approved which provides that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income

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of the resident's spouse and any other persons residing within such home stead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $54,000.00 of the assessed value of such person's homestead?"
All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that elec tion date.
The expense of such election shall be borne by Fulton County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State.
Section 3. Section 2, this section, and Section 4 of this Act shall become effective upon their approval by the Governor or upon their becoming law without such approval.
Section 4. All laws and parts of laws in conflict with this Act are repealed.
On the adoption of the substitute, the yeas were 49, nays 1, and the substitute was adopted.

HB 1022:

Senator Baldwin of the 29th offered the following amendment:

Amend HB 1022 by striking from line 20 of page 1 the number "1991" and inserting in lieu thereof the number "1990".

On the adoption of the amendment, the yeas were 49, nays 1, and the amendment was adopted.

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

On the passage of all the bills on the Senate Local Consent Calendar, except HB 518, 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
C.-, o,leman Dj-jaewajkins j}ean Echols Edge English Foster Garner

Gillis Harris Hasty
Henson Hill Hooks Huggins
J,,o.h,n,son LKaldngdford Marable Moye Newbill Perry Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray
Robinson Scott Shumake Starr
S,,te.inberg& TTaaytelor Thompson Timmons Turner Tysinger Walker of 43rd White

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2163

Voting in the negative was Senator Egan. Those not voting were Senators:

Collins Hammill

Olmstead Perdue

Phillips Walker of 22nd

On the passage of all the local bills, the yeas were 49, nays 1.

All the bills on the Senate Local Consent Calendar, except HB 730, HB 518 and HB 1022, having received the requisite constitutional majority, were passed.

HB 730, having received the requisite constitutional majority, was passed by substitute.

HB 1022, having received the requisite constitutional majority, was passed as amended.
HB 518 was moved to the Senate Local Contested Calendar for today.
SENATE LOCAL CONTESTED CALENDAR March 15, 1991
FORTIETH 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 518.** By Representative Holmes of the 28th:
A bill to amend an Act providing for urban enterprise zones in the City of At lanta, as amended, so as to add provisions with respect to the creation of certain zones for residential purposes.
Senator Langford of the 35th moved that HB 518 be placed on the Table.
On the motion, the yeas were 40, nays 2, the motion prevailed, and HB 518 was placed on the Table.
The following resolutions of the Senate were read and adopted:
SR 312. By Senator Dean of the 31st: A resolution recognizing the 105th birthday of Mrs. Etta Tant Spinks.

SR 313. By Senator Pollard of the 24th:
A resolution commending Life Insurance Company of Georgia for 100 years of service in the State of Georgia.

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SR 314. By Senator Hooks of the 14th: A resolution commending the Taylor County High School girls' basketball team.
SR 315. By Senator Johnson of the 47th: A resolution commending the Hart County Lady Bulldogs basketball team.
SR 318. By Senator Collins of the 17th: A resolution commending Mr. Roy D. Goif.
SR 320. By Senator Ray of the 19th: A resolution commending the Jeff Davis County High School Band.
SR 321. By Senator Ray of the 19th: A resolution commending the Jeff Davis County Junior High School Band.
SR 322. By Senator Foster of the 50th: A resolution commending the Dawson County High School girls' basketball team.
SR 323. By Senator Phillips of the 9th: A resolution commending Mr. Mario Samaritano.
SR 324. By Senator Pollard of the 24th: A resolution commending the Lakeside High School Varsity academic bowl team.
SR 325. By Senator Phillips of the 9th: A resolution commending the South Gwinnett High School Mock Trial Competi tion team.
SR 326. By Senator Perry of the 7th: A resolution commending the Clinch County High School girls' basketball team.
SR 327. By Senator Bowen of the 13th: A resolution proclaiming the Turner County Peanut Monument as the official state peanut monument.
SR 328. By Senator Starr of the 44th: A resolution commending Mr. J. T. Williams, the Eagle's Landing Country Club and community, and Killearn Properties, Inc.
SR 329. By Senators Collins of the 17th and Deal of the 49th: A resolution commending the Georgia Residential Child Care Association and the Department of Human Resources for their services to Georgia's youth and urging them to undertake certain studies.
SR 330. By Senators Hammill of the 3rd, Hill of the 4th and Scott of the 36th: A resolution urging the University System of Georgia college and university pres idents to investigate ways to address the needs of at-risk children, youth, and families.

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2165

SR 331. By Senators Kidd of the 25th, Dean of the 31st, Perdue of the 18th and others:
A resolution commending Honorable Ed Barker.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House:
HB 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.
The Speaker has appointed on the part of the House, Representatives Pettit of the 19th, Watson of the 114th and Kilgore of the 42nd.
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 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 Speaker has appointed on the part of the House, Representatives Chambless of the 133rd, Thomas of the 69th and Oliver of the 53rd.
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 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.
The Speaker has appointed on the part of the House, Representatives Watts of the 41st, Watson of the 114th and Kilgore of the 42nd.

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

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.

Senator English of the 21st moved that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 886, and that a Conference Committee be appointed.

On the motion, the yeas were 30, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to the Senate substitute to HB 886.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Hill of the 4th, Garner of the 30th and English of the 21st.

The following resolution of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto:

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.

The House amendment was as follows:

Amend the Senate substitute to HR 74 by changing the figure "$650.00" on line 7, page 5 to "$10.00".

Senator Marable of the 52nd moved that the Senate agree to the House amendment to the Senate substitute to HR 74.

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 Clay Coleman Dean Edge Egan English Foster

Garner Gillis Harris Hasty Henson Hill Johnson Kidd Marable Moye Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Starr Steinberg Taylor Thompson Turner Tysinger Walker of 43rd White

FRIDAY, MARCH 15, 1991

2167

Those not voting were Senators:

Bowen
Collins Dawkins Deal Echols
Hammill

Hooks
Huggins Langford Newbill Olmstead
Robinson

Scott Shumake
Tate
Timmons Walker of 22nd

On the motion, the yeas were 39, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HR 74.

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

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.
Senator Starr of the 44th moved that the Senate adhere to the Senate substitute to HB 210, and that a Conference Committee be appointed.
On the motion, the yeas were 32, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 210.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Starr of the 44th, Dawkins of the 45th and Robinson of the 16th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:

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.
The House substitute to SB 41 was as follows:
A BILL
To be entitled an Act to amend Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration, so as to make changes and clarifications regard ing certain provisions relating to wills and administration of estates; to clarify when certain guardians ad litem are required to be appointed regarding the probate of wills in solemn form and clarify the effect and requirements of service upon guardians; 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 change certain rules for granting letters of administration when there is no will and when there is a will annexed and the publication and service requirements relating thereto; to provide for related matters; to amend Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to probate courts, so as to provide for the powers of clerks of

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probate courts in certain counties with respect to uncontested cases; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 0.5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by striking paragraph (3) of subsection (c) of Code Section 15-9-36, relating to clerks of the probate courts and powers of such clerks, and inserting in lieu thereof a new paragraph (3) to read as follows:
"(3) This subsection shall apply to each county of this state having a population of 100,000 or more persons according to the United States decennial census of 1980 or any future such census."
Section 1. Title 53 of the Official Code of Georgia Annotated, relating to wills, trusts, and administration, is amended by striking subsection (f) of Code Section 53-3-14, relating to serving notice of petition for probate in solemn form, and inserting in its place a new subsection to read as follows:
"(f) Minors, insane persons, deaf and mute persons, when incapable of managing their estates, habitual drunkards, and persons who are incompetent due to senility, old age, or other cause and incapable of managing their estates shall be served as provided elsewhere in this Code section. After such service, the probate court shall appoint a guardian ad litem for any such person who does not have a guardian qualified under the laws of this state. The guardian ad litem shall be responsible to such person for his conduct in connection with the probate of the will in solemn form in the same manner as if he were a regularly qualified guardian. A copy of the petition for probate in solemn form, citation, and order for citation shall be served upon the guardian or guardian ad litem."
Section 2. Said Title is further amended by striking Code Section 53-3-6, relating to procedure when a will is destroyed without the consent of the testator, in its entirety and inserting in lieu thereof a new Code Section 53-3-6 to read as follows:
"53-3-6. (a) If a will is:
(1) Lost during the testator's lifetime;
(2) Destroyed without the consent of the testator during the testator's lifetime; or
(3) Lost or destroyed subsequent to the death of the testator,
a copy of the will, clearly proved to be such by the subscribing witnesses and other evidence, may be admitted to probate and record in lieu of the original.
(b) In every such case described in subsection (a) of this Code section, the presumption is that the will was revoked by the testator, and that presumption must be rebutted by clear and convincing proof."
Section 3. Said title is further amended by striking Code Section 53-6-24, relating to granting letters of administration generally, and inserting in its place a new Code section to read as follows:
"53-6-24. (a) In the granting of letters of administration of any kind, except the kind described in subsection (b) of this Code section, the following rules shall be observed, the applicant being required in all cases to be of sound mind and to be laboring under no disability:
(1) The surviving spouse, irrespective of age, shall be first entitled, unless an action for divorce or separate maintenance was pending between the deceased and the surviving spouse at the time of the death;
(2) The next of kin, at the time of the death, according to the law declaring relationship and distribution, shall be next entitled;
(3) If there are several of the next of kin equally near in degree, the person selected in

FRIDAY, MARCH 15, 1991

2169

writing by a majority in interest of those interested as distributees of the estate, who are capable of expressing a choice, shall be appointed;
(4) If no such preference is expressed, the judge of the probate court may exercise his discretion in selecting the one best qualified for the office;
(5) Where no application is made by the next of kin, a creditor may be appointed; and among creditors, as a general rule, the one having the greatest interest shall be preferred;
(6) The persons entitled to serve or select among themselves under the above rules may select a disinterested person as administrator and, if otherwise qualified, he shall be appointed;
(7) The person entitled to administration may desire another person to be associated with him in the administration and in such a case, if otherwise qualified, such person may be appointed;
(8) No person who is neither of kin to the intestate, nor a creditor, nor otherwise inter ested in the grant of administration, except as provided in this Code section, shall be ap pointed administrator;
(9) As a general rule, to cover all cases not specially provided for, the person having the right to the estate shall be appointed administrator; and
(10) Temporary letters of administration, pending the litigation over the probate of a will, should generally be granted to the nominated executor.
(b) (1) In the granting of letters of administration with will annexed, a majority in interest of the beneficiaries who are capable of expressing a choice shall be entitled to name an administrator with will annexed.
(2) In the event a majority in interest of the beneficiaries who are capable of expressing a choice do not agree upon an administrator with will annexed pursuant to paragraph (1) of this subsection, a majority in number of the beneficiaries who are capable of expressing a choice shall be entitled to name an administrator with will annexed.
(3) In the event neither a majority in interest nor a majority in number of the benefi ciaries agree upon an administrator with will annexed pursuant to paragraph (1) or (2) of this subsection, any person interested in the administration of the estate may petition to be named or have another named as administrator with will annexed and the court may exer cise its discretion in selecting the person best qualified to be such administrator.
(4) For purposes of this subsection a beneficiary who is capable of expressing a choice is one:
(A) Who has a present interest, including but not limited to a vested remainder interest but not including trust beneficiaries where there is a trustee;
(B) Whose identity and whereabouts are known or may be determined by reasonable diligence; and
(C) Whose choice is expressed by:
(i) That beneficiary, if sui juris;
(ii) That beneficiary's duly acting guardian of the property, if any, or if none, the guard ian of the person, if any, or if none, the person having custody of the beneficiary if the beneficiary is not sui juris;
(iii) The trustee of a trust created by the will; or
(iv) The executor or administrator of the estate of a deceased beneficiary receiving a present interest under the will."
Section 4. Said title is further amended by striking Code Section 53-6-29, relating to

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administration with the will annexed, and inserting in its place a new Code section to read as follows:
"53-6-29. (a) Administration with the will annexed is granted when the decedent died testate but no executor is nominated, none appears to qualify and execute the will, or when an executor, after qualification, ceases to serve for any reason and no successor executor can be appointed. If the executor appointed is disqualified for being under the age of majority, the letters may be granted until the disability ceases.
(b) If an administrator with the will annexed is named by all of the beneficiaries under a will who are capable of expressing a choice, as defined by paragraph (4) of subsection (b) of Code Section 53-6-24, then no issuance or service of citation shall be required and letters may issue without further delay. If all of such beneficiaries do not agree upon the person selected to serve as administrator with will annexed in the application before the court, citation shall be published and those beneficiaries who do not agree shall be served by firstclass mail with a copy of the application, order for citation, and citation if their whereabouts are known or may be determined by reasonable diligence."
Section 5. Sections 1, 3, and 4 of this Act shall become effective July 1, 1991. The remaining provisions of this Act shall become effective upon approval of this Act 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 Egan of the 40th moved that the Senate agree to the House substitute to SB 41.

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 fro"n u,rton CCoollleimnsan Dawkins Dean Edge Egan Foster

Garner Gillis Harris
Hasty Henson Hill JToh, nson Kidd Marable Moye Perdue Perry

Phillips Pollard Ragan of 10th
Ragan of 32nd Ray Robinson S_,.tem. b, erg Thompson Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Bowen Clay g*1 1 English Hammill Hooks

Huggins Langford Newbill Olmstead Ramsey Scott

Shumake Starr Tate Taylor Timmons Walker of 22nd

On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 41.

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The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 172 was as follows:
A BILL
To be entitled an Act to amend Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, and Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to change certain provisions relating to officers and agencies responsible for certain law enforcement responsibilities; to transfer primary responsibility for state-level arson enforcement from the state fire marshal to the Georgia Bureau of Investigation; to provide for the transfer of certain personnel; to change provisions relating to qualifications for appointment to the Uniform Division of the Depart ment of Public Safety; to change provisions relating to the membership of the State Patrol Disciplinary Board; to make a conforming amendment to Code Section 24-10-27 of the Offi cial Code of Georgia Annotated, relating to witness fees for law enforcement officers; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PARTI
Section 1-1. Code Section 24-10-27 of the Official Code of Georgia Annotated, relating to witness fees for law enforcement officers, is amended by striking subsections (a) and (b) and inserting in their place new subsections (a) and (b) to read as follows:
"(a) Notwithstanding any other provision in this article, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Sec tion 20-8-1 or a member of a local fire department who shall be required by writ of sub poena to attend any superior court, other courts having jurisdiction to enforce the penal laws of this state, municipal court having jurisdiction to enforce the penal laws of this state as provided by Code Section 40-13-21, juvenile court, or grand jury, or hearing or inquest held or called by a coroner, or magistrate court involving any criminal matter, as a witness on behalf of the state during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. The claim for the witness feees shall be en dorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claimant shall verify this statement. The dates of attendance shall be certified by the judge or the prosecuting attorney of the court attended. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any overtime pay for his attendance and that his attendance was required during hours other than regular duty hours. The amount due may be paid by the governing body authorized to dispense public funds for the operation of the court. However, no such officer may claim or receive more than one witness fee per day for attendance in any court or before the grand jury regardless of the number of subpoenas which the officer may have received requiring him to appear in such court or before the grand jury on any one day.
(b) (1) Notwithstanding any other provision in this article except paragraph (2) of this

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subsection, any member of the Georgia State Patrol, Georgia Bureau of Investigation, or municipal or county police force or any deputy sheriff or any correctional officer or any campus policeman as defined in Code Section 20-8-1 or a member of a local fire department who shall be required by writ of subpoena to attend any court of this state with respect to any civil case, as a witness concerning any matter relative to the law enforcement duties of such officer during any hours except the regular duty hours to which the officer is assigned, may be paid for such attendance at a fixed rate to be established by the governing authority, but not less than $20.00 per diem. Any such officer shall also be entitled to the mileage allowance provided in Code Section 24-10-24 when such officer resides outside the county where the testimony is to be given. The claim for the witness fees shall be endorsed on the subpoena showing the dates of attendance and stating that attendance was required during the hours other than the regular duty hours to which the claimant was assigned. The claim ant shall verify this statement. The dates of attendance shall be certified by the party ob taining the subpoena. The director of the Georgia Bureau of Investigation or his designees, the commanding officer of the Georgia State Patrol or his designees, the chief of police, the sheriff, the superintendent of the institution, the director of public safety of a college or university, or the local fire chief shall certify that the claimant has not received any over time pay for his attendance and that his attendance was required during hours other than regular duty hours.
(2) Any officer covered by paragraph (1) of this subsection who is required by writ of subpoena to attend any court with respect to any civil case, as a witness concerning any matter which is not related to the duties of such officer, shall be compensated as provided in Code Section 24-10-24."
PART II
Section 2-1. Title 25 of the Official Code of Georgia Annotated, relating to fire protec tion and safety, is amended by striking Code Section 25-2-9, relating to certain law enforce ment powers of personnel of the state fire marshal, and inserting in its place the following:
"25-2-9. Reserved."
Section 2-2. Said Title 25 is further amended in Code Section 25-2-12, relating to pow ers and duties of local governing authorities, by striking paragraph (6) of subsection (a) and inserting in lieu thereof the following:
"(6) Every such local governing authority shall be responsible for investigating all cases of arson and other suspected incendiary fires within its jurisdiction, shall have the duties and powers authorized by Code Sections 25-2-27, 25-2-28, and 25-2-29 in carrying out such responsibility, and shall submit quarterly reports to the state fire marshal containing fireloss data regarding all fires within its jurisdiction. The director of the Georgia Bureau of Investigation shall have the authority to initiate any arson investigation upon request of any such local governing authority and he shall provide assistance to the requesting authority regarding any of the duties and responsibilities required by this paragraph."
Section 2-3. Said Title 25 is further amended in Code Section 25-2-12.1, relating to deputizing of local officials, by striking subsection (c) and inserting in lieu thereof the following:
"(c) (1) Prior to deputizing any local fire marshal, deputy local fire marshal, or state inspector, the state fire marshal shall examine the applicant's education, training, and em ployment experience to ascertain whether the applicant is qualified to perform duties in one or more of the following areas:
(A) Fire safety inspections; or
(B) Review of plans and specifications.
(2) If the state fire marshal is satisfied that the applicant is qualified, he shall recom mend to the Commissioner that the applicant be deputized as a state officer to perform the appropriate duties on behalf of the state."

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Section 2-4. Said Title 25 is further amended by striking Code Section 25-2-27, relating to arson investigation procedures, and inserting in lieu thereof the following:
"25-2-27. The director and agents of the Georgia Bureau of Investigation, when such proceedings are necessary, shall take the testimony on oath of all persons believed to be cognizant of or to have information or knowledge in relation to suspected arson and shall cause the testimony to be reduced to writing. If the director or an agent of the Georgia Bureau of Investigation is of the opinion that there is evidence sufficient to charge any person with the crime of arson, he shall cause such person to be arrested in accordance with the law. He shall also furnish the district attorney of the circuit in which the fire occurred with all the information obtained by him in his investigation. The district attorney shall thereupon proceed according to law."
Section 2-5. Said Title 25 is further amended by striking Code Section 25-2-28, relating to subpoena powers, and inserting in lieu thereof the following:
"25-2-28. (a) The director and agents of the Georgia Bureau of Investigation shall have the power to summon and compel the attendance of witnesses before them, in any county in which the witness resides, to testify in relation to any matter which is designated by Code Section 25-2-27 as a subject of inquiry and to issue subpoenas to compel the production of all books, records, documents, and papers pertaining to such subject of inquiry. The director and agents of the Georgia Bureau of Investigation may also administer oaths and affirma tions to persons appearing as witnesses before them. Any person summoned shall have the right of counsel at the hearing if he desires.
(b) Should any person fail to comply with this Code section, the director and agents of the Georgia Bureau of Investigation are authorized to procure an order from the superior court of the county in which the proposed witness resides, requiring compliance under the law."
Section 2-6. Said Title 25 is further amended by striking Code Section 25-2-33, relating to fire loss information reporting, and inserting in lieu thereof the following:
"25-2-33. (a) The director or any agent of the Georgia Bureau of Investigation or the chief of a fire department of any municipal corporation or county where a fire department is established may request any insurance company investigating a fire loss of real or personal property to release any information in its possession relative to that loss. The company shall release the information to and cooperate with any official authorized to request such infor mation pursuant to this Code section. The information to be released shall include, but is not limited to:
(1) Any insurance policy relevant to the fire loss under investigation and any applica tion for such a policy;
(2) Policy premium payment records on the policy, to the extent available;
(3) Any history of previous claims made by the insured for fire loss with the reporting carrier; and
(4) Material relating to the investigation of the loss, including statements of any person, proof of loss, and any other relevant evidence.
(b) If an insurance company has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the company shall notify the director of the Georgia Bureau of Investigation and furnish him with all relevant material acquired by the company during its investigation of the fire loss. The insurer shall also cooperate with and take such action as may be requested of it by the director's office or by any law enforce ment agency of competent jurisdiction. The company shall also permit any person to inspect its records pertaining to the policy and to the loss if the person is authorized to do so by law or by an appropriate order of a superior court of competent jurisdiction.
(c) In the absence of fraud or malice, no insurance company or person who furnishes information on its behalf shall be liable for damages in a civil action or subject to criminal

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prosecution for any oral or written statement made or any other action taken which is nec essary to supply information required pursuant to this Code section.
(d) The officials and departmental and agency personnel receiving any information fur nished pursuant to this Code section shall hold the information in confidence until such time as its release is required pursuant to a criminal or civil proceeding, provided that noth ing contained in this Code section shall be deemed to prohibit agents of the Georgia Bureau of Investigation or other authorized law enforcement officials from discussing such matters with other agency or departmental personnel or with other law enforcement officials or from releasing or disclosing any such information during the conduct of their investigation, if the release or disclosure is necessary to enable them to conduct their investigation in an orderly and efficient manner; provided, further, that nothing contained in this Code section shall prohibit an insurance company which furnishes information to an authorized agency or agencies pursuant to this Code section from having the right to request relevant information and receive, within a reasonable time not to exceed 30 days, the information requested.
(e) Any official referred to in subsection (a) of this Code section may be required to testify as to any information in his possession regarding the fire loss of real or personal property in any civil action against an insurance company for the fire loss in which any person seeks recovery under a policy.
(f) (1) No person shall purposely refuse to release any information requested pursuant to subsection (a) of this Code section.
(2) No person shall purposely refuse to notify the director of the Georgia Bureau of Investigation of a fire loss required to be reported pursuant to subsection (b) of this Code section.
(3) No person shall purposely refuse to supply the director of the Georgia Bureau of Investigation with pertinent information required to be furnished pursuant to subsection (b) of this Code section.
(4) No person shall purposely fail to hold in confidence information required to be held in confidence by subsection (d) of this Code section.
(g) Any person willfully violating this Code section shall be guilty of a misdemeanor."
Section 2-7. Said Title 25 is further amended by striking Code Section 25-2-33.1, relat ing to arson reporting, and inserting in lieu thereof the following:
"25-2-33.1 (a) The fire department of each county and municipality and any other or ganized fire department operating within this state shall report every incident or suspected incident of arson to the local law enforement agency, the director of the Georgia Bureau of Investigation, and every insurance company with a known pecuniary interest in the cause of the fire in which arson is involved or suspected to be involved. In any local jurisdiction where an organized fire department is not operating, the local law enforcement agency in vestigating a fire shall make the reports required by this Code section. Such reports shall be made on forms provided for that purpose by the director of the Georgia Bureau of Investigation.
(b) Any insurance company which has received a report of an incident or suspected incident of arson under subsection (a) of this Code section shall not pay any claim relating thereto prior to notifying in writing the director of the Georgia Bureau of Investigation and local fire department of the date the claim is to be paid."
Section 2-8. Said Title 25 is further amended by striking Code Section 25-2-34, relating to interagency cooperation, and inserting in lieu thereof the following:
"25-2-34. The Georgia Bureau of Investigation, acting through the Arson Unit of its Investigation Division, shall have primary responsibility for arson enforcement at the state level. The Department of Public Safety, the Georgia State Patrol, and the Commissioner shall cooperate with the Georgia Bureau of Investigation whenever called upon in enforcing this chapter."

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Section 2-9. Said Title 25 is further amended by striking Code Section 25-2-35, relating to payments to local law enforcement agencies, and inserting in lieu thereof the following:
"25-2-35. Reserved."
Section 2-10. Said Title 25 is further amended in Code Section 25-6-4, relating to coop erative pacts for emergency fire services, by striking subsection (b) and inserting in lieu thereof the following:
"(b) Any pact established under authority of this chapter is charged with the responsi bility of establishing an overall plan or plans for carrying out the intended purpose and other provisions of this chapter. No pact may be established unless it complies with this chapter. Within the limits of funds available to it, the pact may acquire and operate prop erty and equipment, including, but not limited to, a dispatch center and a communications center; and it may extend the advantages of group purchasing and benefits to jurisdictions that are members of the pact. Member jurisdictions shall adopt the training programs of the Georgia Fire Academy in order to ensure a basic standardization of operations and philoso phy; this requirement shall not be construed as limiting the training practices or require ments of any jurisdiction, as it is intended that the programs of the Georgia Fire Academy be used to supplement the training practices and requirements of member jurisdictions. The pact shall cooperate with other state and federal agencies and with civil defense authorities on all levels. The state fire marshal may render advice, recommendations, and assistance to a pact, upon request. Members of a pact shall cooperate with the Georgia Bureau of Investi gation on matters relating to fire investigations and the enforcement of the arson statutes of the state."
PART III
Section 3-1. Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, is amended in Code Section 35-2-43, relating to eligibility for appointment to the Uniform Division of the Department of Public Safety, by striking sub section (b) and inserting in lieu thereof the following:
"(b) Applicants for appointment to the Uniform Division of the Department of Public Safety shall possess a high school education or its equivalent, shall have completed 90 quar ter hours or its semester equivalent in any accredited college or university or five years' experience as a certified law enforcement officer or two years as a license examiner, radio operator, or cadet trooper in the Department of Public Safety, and shall pass a mental and physical examination based upon the rules and regulations promulgated by the commis sioner of public safety, which requirements may not be changed within 12 months of any examination for employment of recruits or cadets, troopers, or officers."
Section 3-2. Said Title 35 is further amended in Code Section 35-2-48, relating to the State Patrol Disciplinary Board, by striking subsection (a) and inserting in lieu thereof the following:
"(a) The State Patrol Disciplinary Board shall be composed of the commanding officer or his designee as chairman and six sworn members of equal or greater rank than the indi vidual being charged appointed by the commissioner; provided, however, that, when charges are preferred against an employee of the Department of Public Safety other than a member of the Uniform Division, the State Patrol Disciplinary Board shall be composed of the com manding officer or his designee as chairman and six employees of the Department of Public Safety appointed by the commissioner. The State Patrol Disciplinary Board shall be ap pointed as needed and the members of such board shall serve at the pleasure of the commissioner."
Section 3-3. Said Title 35 is further amended by adding immediately after Code Section 35-3-4 a new Code Section 35-3-4.1 to read as follows:
"35-3-4.1. (a) There shall be established within the Investigations Division of the Geor gia Bureau of Investigation an Arson Unit. The Georgia Bureau of Investigation, acting through the Arson Unit of its Investigations Division, shall have primary responsibility for

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arson enforcement at the state level. In carrying out such responsibility the bureau and its officers and agents shall have the powers and duties specifically provided for in Chapter 2 of Title 25 as well as the general powers and duties specified in this article and other relevant provisions of law.
(b) Upon the effective date of this Code section, certain personnel of the state fire mar shal's office shall be transferred to the Georgia Bureau of Investigation as agents of the Arson Unit of the Investigations Division. Such transfer shall not be considered to be a break in service for purposes of the State Merit System of Personnel Administration or any state funded employee benefits. The personnel so transferred shall be those persons em ployed immediately prior to the effective date of this Code section in the office of the state fire marshal in the following position classes: Fire Investigator, Sr.; Fire Scene Investigator; and Fire Scene Supervisor Assistant.
(c) Appropriations for carrying out state-level responsibilities for arson enforcement shall be transferred to the Georgia Bureau of Investigation as provided for in Code Section 45-12-90."
PART IV
Section 4-1. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Sections 3-1 and 3-2 of this Act shall become effective July 1, 1991.
Section 4-2. 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 172.

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

Voting in the affirmative was Senator Ramsey.

Those voting in the negative were Senators:

Albert Alien Baldwin BishP Bowen Broun
J^J011 Coleman Collins Dawkins Dean Echols Edge Egan

Foster Garner Gillis Harris Hasty Henson
Hill JhTMon Kldd Marable Move Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson Starr
Steinberg Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Deal English Hammill Hooks

Huggins Langford Newbill Olmstead

Scott Shumake Tate Timmons

On the motion, the yeas were 1, nays 43; the motion was lost and the Senate did not agree to the House substitute to SB 172.

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Senator Ramsey of the 54th moved that the Senate disagree to the House substitute to SB 172.
On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 172.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
HB 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.
The House has disagreed to the Senate amendment to the following bill of the House:
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.
The House has agreed to the Senate substitute, as amended by the House, to the fol lowing bill of the House:
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.
Senator Gillis of the 20th assumed the Chair at the direction of the President.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:
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.
The Conference Committee report on HB 279 was as follows: The Committee of Conference on HB 279 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 279 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ G. B. Pollard, Jr. Senator, 24th District
1st Pete Robinson Senator, 16th District
/s/ Quillian Baldwin Senator, 29th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Edward D. Ricketson Representative, 82nd District
/s/ Wesley Dunn Representative, 73rd District
/s/ Larry Parrish Representative, 109th District

Conference Committee 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 concerning 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 payment or 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 pharmaceutical services the opportunity to accept the terms and conditions of payment or reimbursement applicable to mail-order pharmaceutical distributors; to provide for 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. 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 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 payment or reimbursement from the health care insurer at no more than the same amount 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

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such policy, plan, contract, or fund an explanation of the payment or reimbursement method applicable to mail-order pharmaceutical distributors as compared to other providers of pharmaceutical services. For those health care insurers which provide benefit booklets to their insureds, the inclusion of such an explanation in any such benefit booklet shall consti tute compliance with this subsection.
(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 such terms and conditions in writing and agrees to be paid or reimbursed at no more than the same amount which would be paid to a mail-order pharmaceutical distributor for the same services, the provider of pharmaceutical services will be paid or reimbursed at no more than the same amount paid to the mail-order pharmaceutical distributor for the same pharma ceutical services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Pollard of the 24th moved that the Senate adopt the Conference Committee report on HB 279.

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 Coleman Collins Dawkins Dean Echols Egan Foster Harris

Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Shumake Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Garner.

Those not voting were Senators:

Broun DCekayl (excused conferee) Edge English

Gillis (presiding) Hammill Hasty Johnson (excused conferee)

Olmstead Scott Starr Thompson

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On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 279.
Senator Perdue of the 18th introduced the doctor of the day, Dr. James C. Moore, of Warner Robins, Georgia.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Harris of the 27th moved that the Senate insist upon the Senate amendment to HB 140.
On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendment to HB 140.
Senator Harris of the 27th moved that Senator Olmstead of the 26th be excused from the Senate for the remainder of today in order that he might attend to some business.
On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Olmstead of the 26th was excused from the Senate for the remainder of today.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 57 was as follows:
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 or parole officer and such accused person has supervisory or disciplinary authority 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 probation or parole officer, or other custodian or supervisor of another person referred to in this section commits sexual assault when he engages in sexual contact with another person who is a probationer or parolee under the supervision of said probation or parole officer or who is in the custody of law or who is enrolled in a school or who is

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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.

Senator Ramsey of the 54th moved that the Senate agree to the House substitute to SB 57.

On the motion, 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 Dean Echols Foster Garner Hammill Harris

Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill 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:

Albert Clay Deal Edge

Egan English Gillis (presiding) Olmstead (excused)

Perdue Shumake Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 57.

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on SB 328 was as follows:

The Committee of Conference on SB 328 recommends that both the Senate and the

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House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 328 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Pete Robinson Senator, 16th District
/s/ Mark Taylor Senator, 12th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ S. DuBose Porter Representative, 119th District
/s/ Mary Jeanette Jamieson Representative, llth District
/s/ Thomas M. Kilgore Representative, 42nd District

Conference Committee substitute to SB 328:

A BILL
To be entitled an Act 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 instruments, pro cedures, and policies necessary to assess effectiveness; to provide for types of assessments and their implementation and use; 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 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 Edu cation Act," is amended by striking Code Section 20-2-281, relating to methods of assess ment of effectiveness, and inserting in its place a new Code Section 20-2-281 to read as follows:
"20-2-281. (a) The State Board of Education shall adopt a student assessment program consisting of instruments, procedures, and policies necessary to assess the effectiveness of the educational programs of the state and shall fund all costs of providing and scoring such instruments, subject to appropriation by the General Assembly. Curriculum-based assess ments of the quality core curriculum and nationally norm-referenced instruments in reading and mathematics shall be administered to students in grades three, five, eight, and 11. A curriculum-based assessment shall be administered in grade 11 for graduation purposes. Only the curriculum-based assessments in grades three, five, and eight and the eleventh grade norm-referenced instrument may be administered by matrix sample. Writing assess ments shall be administered to students in grades three, five, eight, and 11. The writing assessments shall provide students and their parents with performance outcome measures resulting from the administration of such tests. The curriculum-based assessments that the state board shall develop shall measure student performance relative to the uniformly sequenced core curriculum approved for grades three, five, eight, and 11 by the state board pursuant to Code Section 20-2-140. The curriculum-based assessments shall place emphasis upon reading, writing, mathematics, science, and social studies. All such curriculum-based assessments shall include process and application skills as assessed in a range of academic content, shall exceed minimum and essential skills by extending the assessments' range of difficulty, and shall emphasize higher order thinking skills.
(b) The nationally normed assessments provided for in subsection (a) of this Code sec tion shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Curriculum-based assessments provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the classroom, school, system, and state levels. The State Board of Educa tion shall participate in the National Assessment of Educational Progress (NAEP). The

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results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 202-151. The state board shall develop, subject to appropriation by the General Assembly, a comprehensive item bank which shall be representative of grade levels three, five, eight, and 11 and content areas contained within the uniformly sequenced core curriculum approved by the state board for those grades pursuant to Code Section 20-2-140; provided, however, that the items reflecting each subject area at designated grade levels shall range proportion ally from minimal competency to higher level achievement competencies. This item bank shall be used to develop assessments which reflect student achievement at the classroom, school, and system levels. One of the components in both the comprehensive evaluation pursuant to Code Section 20-2-282 and the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement.
(c) The State Board of Education shall have the authority to condition the promotion of a student from one grade to the next or condition the awarding of a high school diploma to a student upon achievement of satisfactory scores on instruments or tests adopted and administered by the state board pursuant to subsection (a) of this Code section. The state board is authorized and directed to adopt regulations providing that any handicapped child, as defined by the provisions of this article, shall be afforded opportunities to take any test adopted by the state board as a condition for the awarding of a high school diploma. Said regulations shall further provide for appropriate accommodations in the administration of such test. Said regulations shall further provide for the awarding of a special education diploma to any handicapped student who is lawfully assigned to a special education pro gram and who does not achieve a passing score on said test or who has not completed all of the requirements for a high school diploma but who has nevertheless completed his or her Individualized Education Program.
(d) Local school systems may not use state funds to purchase or administer assessments other than those specified in subsection (a) of this Code section. However, local systems participating in state funded programs which require, in part or whole, individual student assessment data to determine eligibility or evaluation of student success in such programs, or to meet mandated requirements under federally authorized funds allocated to state or local systems or both, are authorized to expend a portion of the allocated state program funds for such testing purposes."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on SB 328.

On the motion, 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 Foster Garner Harris Hasty Henson Hill Hooks Huggins Johnson Kidd

Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson

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Scott Starr Tate Taylor

Timmons Turner Tysinger

Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Deal English Gillis (presiding)

Hammill Newbill Olmstead (excused)

Shumake Steinberg Thompson

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 328.

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

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 House amendments were as follows:

Amendment No. 1:

Amend SB 183 by striking on page 1, line 23, the word "ten" and substituting the words:
"fifteen working day".

Amendment No. 2:

Amend SB 183 by adding after "thereof on line 9, page 1, the following:
"to add a part relative to minority business and procedures";
to add a new Section 3 on page 4 to read as follows:
"Section 3. 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.

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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 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

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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, fraudently obtain, retain, attempt to obtain 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."
and by renumbering Sections 3 and 4 as 4 and 5.

Senator Walker of the 22nd moved that the Senate agree to the House amendments to SB 183.

On the motion, 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 CCoollleimnsan Dean
Echols Edge Egan Foster

Garner Harris Hasty Henson Hill Hooks Huggins JKoihdndson Marable
Moye Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Starr
T_T.iamtemons Turner Tysinger Walker of 22nd Walker of 43rd White

FRIDAY, MARCH 15, 1991

2187

Those not voting were Senators:

Albert Dawkins Deal English Gillis (presiding)

Hammill Langford Newbill Olmstead (excused) Ray

Robinson Shumake Steinberg Taylor Thompson

On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate agreed to the House amendments to SB 183.

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 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.

The following resolutions of the Senate were read and adopted:

SR 332. By Senators Starr of the 44th and Collins of the 17th: A resolution commending the Clayton County Water Authority.

SR 333. By Senators Taylor of the 12th, Timmons of the llth, Hooks of the 14th and Harris of the 27th:
A resolution honoring Mrs. Christine Daniels Blaylock.

SR 334. By Senators Taylor of the 12th, Timmons of the llth, Hooks of the 14th and Harris of the 27th:
A resolution commending Rod Blaylock.

SR 335. By Senators Taylor of the 12th, Timmons of the llth, Hooks of the 14th and Harris of the 27th:
A resolution expressing regret at the untimely death of Specialist James Worthy.

SR 336. By Senators Taylor of the 12th, Timmons of the llth, Hooks of the 14th and Harris of the 27th:
A resolution congratulating Edward "Skip" Gnehm.

SR 337. By Senator Dean of the 31st: A resolution commending and recognizing Mr. Ujihito Kimoto.
The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

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The Conference Committee report on HB 285 was as follows:
The Committee of Conference on HB 285 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 285 be adopted.
Respectfully submitted,

FOR THE SENATE:

FOR THE HOUSE OF REPRESENTATIVES:

/s/ C. Donald Johnson, Jr. Senator, 47th District

/s/ Terry L. Coleman Representative, 118th District

/s/ J. Nathan Deal Senator, 49th District

/s/ Larry Walker Representative, 115th District

/s/ Wayne Garner Senator, 30th District

/s/ Thomas B. Buck, III Representative, 95th District

Conference Committee 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 $7,955,482,500 of the General Funds of the State, including unappropriated surplus, reserves and estimated revenue collections (ex cluding indigent trust fund receipts) for State Fiscal Year 1992.
PART I.
LEGISLATIVE BRANCH
Section 1. Legislative Branch. Budget Unit: Legislative Branch................................. $23,532,633 Personal Services -- Staff. .................................. $11,716,911 Personal Services -- Elected Officials ........................... $3,429,765 Regular Operating Expenses............................. $2,525,427 Travel -- Staff. ................................................... $111,000 Travel -- Elected Officials ...................................... $7,000 Capital Outlay ................................................... $--0-- Equipment .................................................. $285,000 Computer Charges ..................................... $464,000 Real Estate Rentals ............................................. $5,000 Telecommunications ....................................... $752,000 Per Diem, Fees and Contracts -- Staff ........................ $333,889 Per Diem, Fees and Contracts -- Elected Officials. ............... $2,704,841 Photography .............................................. $65,000 Expense Reimbursement Account........................... $1,132,800 Total Funds Budgeted ...................................... $23,532,633 State Funds Budgeted .................................. $23,532,633

FRIDAY, MARCH 15, 1991

2189

Senate Functional Budgets

Total Funds

Senate and Research Office

$ 4,330,959

Lt. Governor's Office

$

696,675

Secretary of the Senate's Office

$ 1,183,213

Total

$ 6,210,847

House Functional Budgets

Total Funds

House of Representatives and Research Office

8,839,849

Speaker of the House's Office Clerk of the House's Office

456,891 1,171,942

Total

10,468,682

Joint Functional Budgets

Total Funds

Legislative Counsel's Office Legislative Fiscal Office

2,425,376 2,204,936

Legislative Budget Office

908,824

Ancillary Activities Total

1,313,968 6,853,104

State Funds

$ 4,330,959

$

696,675

$ 1,183,213

$ 6,210,847

State Funds
8,839,849 456,891
1,171,942 10,468,682

State Funds 2,425,376 2,204,936 908,824 1,313,968 6,853,104

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

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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 ................................ $16,113,417 Operations Budget: Personal Services................................................ $13,359,207 Regular Operating Expenses......................................... $395,651 Travel ............................................................ $734,295 Motor Vehicle Purchases............................................ $195,000 Equipment ......................................................... $40,250 Per Diem, Pees, and Contracts ....................................... $37,000 Real Estate Rentals ................................................ $800,006 Computer Charges ................................................. $450,433 Telecommunications ................................................ $101,575 Total Funds Budgeted ........................................... $16,113,417 State Funds Budgeted ........................................... $16,113,417
PART II.
JUDICIAL BRANCH
Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,712,199 Personal Services................................................. $3,327,199 Operating Expenses .............................................. $1,385,000 Total Funds Budgeted ............................................ $4,712,199 State Funds Budgeted ............................................ $4,712,199
Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,753,367 Personal Services................................................. $4,953,367 Operating Expenses ................................................ $800,000 Total Funds Budgeted ........................................... $42,506,217 State Funds Budgeted ............................................ $5,753,367
Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $42,506,217 Operation of the Courts ......................................... $39,531,967 Prosecuting Attorneys' Council .................................... $1,624,597 Sentence Review Panel ............................................. $155,230 Council of Superior Court Judges .................................................... $120,813 Judicial Administrative Districts ................................... $1,058,610 Habeas Corpus Clerk ................................................ $15,000 Total Funds Budgeted ........................................... $42,506,217 State Funds Budgeted ........................................... $42,506,217
Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $833,878
Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education............................................... $592,000 Institute's Operations............................................... $456,000 Georgia Magistrate Courts Training Council .......................... $136,000 Total Funds Budgeted .............................................. $592,000 State Funds Budgeted .............................................. $592,000

FRIDAY, MARCH 15, 1991

2191

Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $1,990,013 Council Operations ................................................. $912,480
Payments to Judicial Administrative Districts for Case Counting .......................... $76,500
Board of Court Reporting ............................................ $39,932 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 ...................... $663,101 Total Funds Budgeted ............................................ $1,990,013 State Funds Budgeted ............................................ $1,990,013

Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission ........................ $125,000

Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council .............................. $1,005,000
PART III.
EXECUTIVE BRANCH

Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................ $35,042,289
Administration and Services Budget: Personal Services................................................ $49,704,424 Regular Operating Expenses...................................... $12,274,854 Travel ............................................................ $330,550 Motor Vehicle Purchases............................................ $377,000 Equipment ...................................................... $1,668,152 Computer Charges ............................................... $9,004,457 Real Estate Rentals .............................................. $3,722,994 Telecommunications .............................................. $1,698,480 Per Diem, Fees and Contracts ....................................... $530,900 Rents and Maintenance Expense ................................. $11,665,402 Utilities ............................................................ $38,550 Payments to DOAS Fiscal Administration .......................... $2,500,000 Direct Payments to Georgia Building Authority for Capital Outlay................................................. $--0-- Direct Payments to Georgia Building Authority for Operations ................................................. $2,500,000 Telephone Billings .............................................. $43,986,000 Materials for Resale ............................................. $16,500,000 Public Safety Officers Indemnity Fund ............................... $304,400 Health Planning Review Board Operations ............................ $37,600 Georgia Golf Hall of Fame Operations ................................ $--0-- Authorities Liability Reserve Fund.................................... $--0-- Grants to Counties .................................................. $--0-- Grants to Municipalities ............................................. $--0-- Total Funds Budgeted .......................................... $156,843,763 State Funds Budgeted ........................................... $35,042,289

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

473,209 $

473,209

Departmental Administration

$ 4,997,653 $ 4,964,319

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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

9,491,896 16,917,766 3,014,841
889,678 551,145 49,335,340 4,045,793 55,209,641 6,822,933 1,718,174 1,135,520 2,240,174 156,843,763

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

Georgia Building Authority Functional Budgets

Total Funds

Grounds Custodial

$ 1,990,066 5,469,141

Maintenance

5,068,816

Security

5,509,142

Van Pool

397,582

Sales

5,456,180

Administration

10,236,805

Railroad Excursions Facility Renovations

$ 1,592,271 --0--

Total

35,720,003

Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials Operations Budget: Personal Services........................................

6,991,896 --0--
3,014,841 --0--
551,145 13,196,879
--0-- 5,850,000
--0-- --0--
35,042,289 . . . $--0--
$21,572,701 . $5,557,879 .... $27,255 . . . $280,000 . .. $231,785 .... $58,121 .... $17,704 . . . $121,010 . .. $151,880 .... $--0-- . $7,466,638 . . $235,030 .... $--0-- .... $--0-- $35,720,003 .... $--0--
State Funds
--0-- --0--
--0-- --0--
. . $106,006
$3,622,164

FRIDAY, MARCH 15, 1991

2193

Regular Operating Expenses....................................... $2,958,281 Travel ............................................................ $391,160 Motor Vehicle Purchases............................................ $136,000 Equipment ........................................................ $220,735 Computer Charges ................................................... $1,500 Real Estate Rentals ................................................. $--0-- Telecommunications ................................................. $25,800 Per Diem, Fees and Contracts ....................................... $875,000 Capital Outlay ...................................................... $--0-- Utilities ............................................................ $--0-- Total Funds Budgeted ............................................ $8,230,640 State Funds Budgeted .............................................. $106,006

Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture. ......................... $34,548,768 State Operations BudgetPersonal Services................................................ $30,844,408 Regular Operating Expenses....................................... $3,603,606 Travel ............................................................ $934,524 Motor Vehicle Purchases............................................ $483,197 Equipment ......................................................... $94,500 Computer Charges ................................................. $370,676 Real Estate Rentals ................................................ $771,153 Telecommunications ................................................ $397,000 Per Diem, Fees and Contracts ....................................... $238,461 Market Bulletin Postage ............................................ $700,000
Payments to Athens and Tifton Veterinary Laboratories ......................................... $2,453,950
Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ............................... $2,004,106
Veterinary Fees .................................................... $412,000 Indemnities........................................................ $125,000 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-- Contract -- Federation of Southern Cooperatives ...................... $56,400 Tick Control Program ............................................... $40,000 Total Funds Budgeted ........................................... $44,632,771 State Funds Budgeted ........................................... $34,548,768

Department of Agriculture Functional Budgets

Total Funds

Plant Industry

$ 5,194,901

Animal Industry

$ 6,977,733

Marketing

$ 2,056,383

General Field Forces

$ 3,731,277

Internal Administration

$ 4,453,582

Information and Education

$ 1,476,112

Fuel and Measures

$ 3,025,318

State Funds $ 4,864,151 $ 6,722,733 $ 2,009,383 $ 3,731,277 $ 4,384,582 $ 1,476,112 $ 3,016,818

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Consumer Protection Field Forces Meat Inspection Major Markets Seed Technology Entomology and Pesticides Total

6,424,529 4,300,692 4,335,011
526,395 2,130,838 44,632,771

4,673,935 1,613,928
221,011
1,834,838 34,548,768

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-- 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 .................................................. $6,966,340 Administration and Examination Budget: Personal Services................................................. $5,867,340 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 Total Funds Budgeted ............................................ $6,966,340 State Funds Budgeted ............................................ $6,966,340

Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs ..................... $14,035,493 State Operations Budget: Personal Services................................................. $5,733,102 Regular Operating Expenses......................................... $265,600 Travel ............................................................ $153,000 Motor Vehicle Purchases............................................. $10,000 Equipment .......................................................... $2,605 Computer Charges .................................................. $80,275 Real Estate Rentals ................................................ $516,379 Telecommunications ................................................. $51,850 Per Diem, Fees and Contracts ....................................... $102,000 Capital Felony Expenses ............................................. $20,000 Contracts with Regional Develoment Commissions ....................................... $2,467,500 Local Assistance Grants ............................................ $713,000 Appalachian Regional Commission Assessment ...................................................... $140,322

FRIDAY, MARCH 15, 1991

2195

Community Development Block Grants (Federal) .............................................. $30,000,000
Music Hall of Fame ................................................. $60,000 Georgia Music Week Promotion ....................................... $5,000 Local Development Fund ........................................... $900,000 Payment to State Housing
Trust Fund .................................................... $5,000,000 Payment to Georgia Environmental
Facilities Authority for Operations ................................. $502,634 Total Funds Budgeted ........................................... $46,723,267 State Funds Budgeted ........................................... $14,035,493

Department of Community Affairs Functional Budgets

Total Funds

State Funds

Executive and Administrative

$

941,660 $

904,633

Technical Assistance

$ 1,427,389 $ 1,293,902

Financial Assistance

$ 41,722,359 $ 9,391,816

Rural Development

$ 1,150,757 $ 1,100,632

Coordinated Planning

$ 1,481,102 $ 1,344,510

Total

$ 46,723,267 $ 14,035,493

Section 16. Department of Corrections.

A. Budget Unit: Administration, Institutions and Probation............ $496,569,392 Personal Services............................................... $364,009,995 Regular Operating Expenses...................................... $49,067,099
Travel .......................................................... $1,896,219 Motor Vehicle Purchases.......................................... $2,345,500 Equipment ...................................................... $5,411,976
Computer Charges ............................................... $3,728,252 Real Estate Rentals .............................................. $4,596,389 Telecommunications .............................................. $4,182,412
Per Diem, Fees and Contracts ..................................... $2,331,301 Capital Outlay ...................................................... $--0-- Utilities ........................................................ $13,837,648
Court Costs. ....................................................... $486,000 County Subsidy ................................................. $13,688,850 County Subsidy for Jails .......................................... $6,800,000
Central Repair Fund ............................................... $924,000 Payments to Central State
Hospital for Meals ............................................. $3,921,000 Payments to Central State
Hospital for Utilities ........................................... $1,297,891
Payments to Public Safety for Meals........................................................ $464,500
Inmate Release Fund ............................................. $1,600,000 Health Services Purchases ....................................... $25,119,528
Payments to MAG for Health Care Certification ................................................. $51,749
University of Georgia--Cooperative
Extension Service Contracts ....................................... $325,000 Minor Construction Fund ............................................ $---0-- Total Funds Budgeted .......................................... $506,085,309
Indirect DOAS Funding ............................................ $450,000 Georgia Correctional Industries ....................................... $--0-- State Funds Budgeted .......................................... $496,569,392

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Administration Institutions and Support Probation Total

Departmental Functional Budgets Total Funds
$ 49,222,141 $ 367,628,278 $ 89,234,890 $ 506,085,309

State Funds $ 48,721,174 $ 366,230,328 $ 81,617,890 $ 496,569,392

B. Budget Unit: Board of Pardons and Paroles ....................... $36,172,392 Board of Pardons and Paroles Budget: Personal Services................................................ $29,250,739
Regular Operating Expenses....................................... $1,181,485 Travel ............................................................ $830,000
Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $150,753
Computer Charges ................................................. $444,000 Real Estate Rentals .............................................. $2,347,294 Telecommunications .............................................. $1,031,321
Per Diem, Fees and Contracts ....................................... $303,000 County Jail Subsidy ................................................ $608,800 Health Services Purchases ........................................... $25,000
Total Funds Budgeted ........................................... $36,172,392 State Funds Budgeted ........................................... $36,172,392

Section 17. Department of Defense. Budget Unit: Department of Defense ................................ $5,174,430 Operations Budget: Personal Services................................................. $8,390,977 Regular Operating Expenses....................................... $4,393,128 Travel ............................................................. $73,307 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $41,300 Computer Charges .................................................. $15,325 Real Estate Rentals .................................................. $6,260 Telecommunications ................................................ $153,473 Per Diem, Fees and Contracts ....................................... $196,535 Grants to Locals--Emergency Management Assistance......................................... $1,044,200 Grants--Others ..................................................... $55,000 Civil Air Patrol Contract. ............................................ $40,000 Capital Outlay ...................................................... $--0-- Repairs and Renovations............................................. $--0-- Disaster Relief Payments ......................................... $--0-- Total Funds Budgeted ........................................... $14,409,505 State Funds Budgeted ............................................ $5,174,430
Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General
Georgia Emergency Management Agency
Georgia Air National Guard
Georgia Army National Guard
Total

$ 1,355,304 $
$ 3,325,792 $ $ 3,484,017 $ $ 6,244,392 $ $ 14,409,505 $

1,270,980
1,007,052 560,432
2,335,966 5,174,430

FRIDAY, MARCH 15, 1991

2197

Section 18. State Board of Education-- Department of Education.
Budget Unit: Department of Education ........................... $2,880,038,566
Operations: Personal Services................................................ $42,879,319 Regular Operating Expenses....................................... $4,300,549 Travel .......................................................... $1,244,227 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $418,215 Computer Charges ............................................... $4,736,225 Real Estate Rentals .............................................. $2,587,923 Telecommunications .............................................. $1,594,396 Per Diem, Fees and Contracts .................................... $16,959,909 Utilities ........................................................... $704,609 Capital Outlay ...................................................... $--0--
QBE Formula Grants: Kindergarten/Grades 1-3 ........................................ $736,332,952 Grades 4-8 .................................................... $620,004,858 Grades 9-12 ................................................... $271,135,711 High School Laboratories ........................................ $89,395,567 Vocational Education Laboratories ................................ $91,393,715 Special Education .............................................. $220,205,191 Gifted.......................................................... $30,513,591 Remedial Education ............................................. $50,844,340 Staff Development and Professional Development ...................................... $23,952,546 Media.......................................................... $81,882,854 Indirect Cost .................................................. $642,964,477 Pupil Transportation ........................................... $120,050,951 Local Fair Share .............................................. ($571,249,433)
Other Categorical Grants: Equalization Formula........................................... $135,847,527 Sparsity Grants .................................................. $3,825,000 In School Suspension ............................................ $17,672,419 Special Instructional Assistance................................... $36,399,410 Middle School Incentive ......................................... $36,110,480 Special Education Low Incidence Grants ................................................. $200,000
Non-QBE Grants: Education of Children of Low-Income Families .................... $94,501,492 Retirement (H.B. 272 and H.B. 1321) ....................................... $3,000,000
Instructional Services for the Handicapped .............................................. $23,177,937
Tuition for the Multi-Handicapped ................. $2,300,000
Severely Emotionally Disturbed .................................. $34,915,279 School Lunch (Federal) ......................................... $113,396,789 School Lunch (State) ............................................ $24,562,029 Supervision and Assessment of Students and Beginning
Teachers and Performance-Based Certification .................... $1,700,000 Regional Education
Service Agencies ............................................... $6,751,960
Georgia Learning Resources System ........................................................ $2,351,667
High School Program ............................................ $17,051,009

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Special Education in State Institutions .......................
Governor's Scholarships.................... Special Projects ........................... Job Training Partnership Act .............. Vocational Research and
Curriculum ............................. Salaries and Travel of
Public Librarians........................ Public Library Materials ................... Talking Book Centers ..................... Public Library M&O.... ................. Child Care Lunch Program (Federal) ....... Chapter II -- Block Grant Flow Through . . . Payment of Federal Funds to Board of
Technical and Adult Education ........... Innovative Programs. ...................... Technology Grants ........................ Limited English-Speaking Students Program. Drug Free School (Federal) ................ Transition Program for Refugees ........... Emergency Immigrant Education
Program................................ Title II Math/Science Grant
(Federal) ............................... Robert C. Byrd Scholarship
(Federal) ............................... Health Insurance -- Non-Cert.
Personnel and Retired Teachers .......... Pre-School Handicapped Program .......... Mentor Teachers .......................... Pre-Kindergarten Program ................. Duty-Free Lunch.......................... Total Funds Budgeted..................... Indirect DOAS Services Funding ........... State Funds Budgeted .....................

Education Functional Budgets

Total Funds

State Administration Instructional Programs Governor's Honors Program Administrative Services Evaluation and Personnel Development Special Services Professional
Standards Commission Professional Practices Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf Atlanta Area School for the Deaf Total

10,193,044 18,634,831 1,780,894 10,891,953 12,090,135 4,596,625

$

341,180

$

605,756

$ 3,112,594,626

$ 4,476,901

$ 6,997,030

$ 4,817,023

$ 3,188,019,998

$3,606,003 $1,658,647 . . $320,000 $3,084,680
. . $266,540
$10,097,738 . $4,343,959 . . . $845,450 . $3,841,862 $16,787,825 $10,026,258
$11,701,897 . $2,100,000 . . $400,000 . $5,352,204
$2,700,000 . . $100,000
. . $100,000
... $345,900
.... $154,000
. . . $59,583,875 . . . . $8,959,928 ...... $375,000 .... $2,952,542 .... $1,700,000 . $3,188,019,998 ...... $340,000 . $2,880,038,566

State Funds $ 9,406,887 $ 9,512,654 $ 1,667,549 $ 7,123,531 $ 11,630,465 $ 2,955,054

$

341,180

$

605,756

$ 2,821,447,780

$ 4,283,717

$ 6,785,743

$ 4,278,250

$ 2,880,038,566

FRIDAY, MARCH 15, 1991

2199

Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................ $--0-- Employees' Retirement System Budget: Personal Services. .............................................. $1,402,211 Regular Operating Expenses......................................... $194,364 Travel ............................................................. $14,350 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $29,000 Computer Charges ................................................. $302,000 Real Estate Rentals ................................................ $191,000 Telecommunications ................................................. $30,000 Per Diem, Fees and Contracts ....................................... $864,500 Benefits to Retirees ................................................. $--0-- Total Funds Budgeted ............................................ $3,027,425 State Funds Budgeted ............................................... $--0--

Section 20. Forestry Commission. Budget Unit: Forestry Commission ................................. $35,310,819 State Operations Budget: Personal Services................................................ $29,343,044 Regular Operating Expenses....................................... $5,326,865 Travel ............................................................ $157,068 Motor Vehicle Purchases.......................................... $1,000,000 Equipment ...................................................... $1,500,000 Computer Charges ................................................. $198,849 Real Estate Rentals ................................................. $43,670 Telecommunications .............................................. $1,041,595 Per Diem, Fees and Contracts ....................................... $519,622 Contractual Research ............................................... $200,000 Ware County Grant for Southern Forest World ..................................................... $28,200 Ware County Grant for Road Maintenance ...................................................... $60,000 Capital Outlay ..................................................... $100,000 Total Funds Budgeted ........................................... $39,518,913 State Funds Budgeted ........................................... $35,310,819

Forestry Commission Functional Budgets

Total Funds

State Funds

Reforestation

$ 3,075,834 $ 1,597,434

Field Services

$ 33,715,549 $ 30,985,855

General Administration and Support

$ 2,727,530 $ 2,727,530

Total

$ 39,518,913 $ 35,310,819

Section 21. Georgia Bureau of Investigation . Budget Unit: Georgia Bureau of Investigation ....................... $37,216,282 Operations Budget: Personal Services................................................ $27,330,556 Regular Operating Expenses....................................... $2,470,807 Travel ............................................................ $491,361 Motor Vehicle Purchases............................................ $635,200 Equipment ........................................................ $520,737 Computer Charges ............................................... $1,098,285 Real Estate Rentals .............................................. $1,841,500

2200

JOURNAL OF THE SENATE

Telecommunications .............................................. $1,871,456 Per Diem, Fees and Contracts ....................................... $606,380 Evidence Purchased ................................................ $500,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $37,366,282 Total State Funds Budgeted ..................................... $37,216,282

Geogia Bureau of Investigation Functional Budgets

Total Funds

State Funds

Administration

$ 3,188,043 $ 3,188,043

Drug Enforcement

$ 8,511,300 $ 8,511,300

Investigative

$ 10,650,600 $ 10,650,600

Georgia Crime Information Center

$ 7,152,402 $ 7,002,402

Forensic Sciences

$ 7,863,937 $ 7,863,937

Total

$ 37,366,282 $ 37,216,282

Section 22. Office of the Governor. Budget Unit: Office of the Governor ................................ $20,701,079 Personal Services................................................. $9,846,168 Regular Operating Expenses......................................... $532,125 Travel ............................................................ $190,203 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $57,576 Computer Charges ................................................. $180,300 Real Estate Rentals ................................................ $847,505 Telecommunications ................................................ $177,440 Per Diem, Fees and Contracts .................................... $34,299,710 Cost of Operations ............................................... $2,831,820 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ...................................... $3,575,000 Intern Stipends and Travel ......................................... $152,280 Art Grants of State Funds ........................................ $2,825,201 Art Grants of Non-State Funds...................................... $321,301 Humanities Grant -- State Funds .................................... $47,500 Art Acquisitions -- State funds ...................................... $--0-- Children and Youth Grants .......................................... $95,000 Juvenile Justice Grants .................................. $1,425,725 Payments to Hazardous Waste Management Authority ........................................... $232,000 Total Funds Budgeted ........................................... $57,676,854 State Funds Budgeted ........................................... $20,701,079
Office of the Governor Functional Budgets

Governor's Office
Office of Fair Employment Practices
Office of Planning and Budget
Council for the Arts
Office of Consumer Affairs
State Energy Office

Total Funds $ 6,599,100

$

911,119

$ 4,862,868 $ 3,867,958 $ 2,518,988 $ 34,369,413

State Funds $ 6,599,100

$

801,349

$ 4,862,868

$ 3,350,780

$ 2,518,988

$

362,299

FRIDAY, MARCH 15, 1991

2201

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

335,388 626,250 815,282
1,705,058
358,457 160,463
546,510 57,676,854

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

General Administration and Support Functional Budgets

Total Funds

Commissioner's Office

$

780,280

Administrative Appeals

$ 1,818,621

Administrative Policy, Coordination, and Direction

$

349,509

Personnel

$ 1,817,354

Indirect Cost

$

--0--

Facilities Management

$ 5,313,877

Public Affairs

$

573,077

Community/ Intergovernmental Affairs

$

787,266

Budget Administration

$ 1,817,425

133,634
626,250
465,116
461,775
358,457 160,463
--0-- 20,701,079
$553,679,523
. $68,280,969 . . $3,247,315 .. $1,539,635 ... $866,772 ... $212,652 .. $4,183,964 . . $5,971,927
$1,428,964 . . $3,821,711 .. $1,618,966 ..... $--0-- ... $200,000 . $11,953,772 . $13,954,848 .... $358,000 . $37,372,582 $155,012,077 ... $638,300 . $70,867,547
State Funds 780,280
1,818,621
349,509 1,817,354 (7,128,046) 3,847,219
573,077
787,266 1,817,425

2202

JOURNAL OF THE SENATE

Financial Services

$ 5,464,919 $ 5,264,919

Auditing Services

$ 2,060,131 $ 2,060,131

Special Projects

$

534,500 $

534,500

Office of Children and Youth

$ 13,954,848 $ 13,435,004

Planning Councils

$

520,309 $

157,512

Community Services Block Grant

$ 8,982,326 $

-- 0--

Regulatory Services--Program Direction and Support
Child Care Lincensing

$

853,538 $

843,538

$ 2,659,671 $ 2,659,671

Laboratory Improvement

$

834,329 $

492,604

Health Care Facilities Regulation

$ 5,884,915 $ 1,372,429

Radiological Health

$

328,614 $

246,114

Fraud and Abuse

$ 5,958,545 $

793,505

Child Support Recovery

$ 35,127,244 $ 4,726,692

Support Services

$ 13,452,071 $ 12,494,323

Aging Services

$ 43,647,625 $ 19,692,817

State Health Planning and Development Agency

$ 1,491,083 $ 1,431,083

Total

$ 155,012,077 $ 70,867,547

2. Public Health Budget:

Personal Services................................................ $51,683,128

Regular Operating Expenses...................................... $64,345,926

Travel .......................................................... $1,082,597

Motor Vehicle Purchases............................................. $13,303

Equipment ......................................................... $75,072

Computer Charges ................................................. $565,898

Real Estate Rentals .............................................. $1,124,966

Telecommunications ................................................ $739,899

Per Diem, Fees and Contracts ..................................... $3,775,260

Postage ........................................................... $134,096

Crippled Children Clinics ........................................... $640,000

Grants for Regional

Maternal and Infant Care ....................................... $1,885,000

Crippled Children Benefits ........................................ $7,600,000

Kidney Disease Benefits ............................................ $308,000

Cancer Control Benefits .......................................... $2,837,470

Benefits for Medically Indigent

High-Risk Pregnant Women and Their Infants.................... $1,550,000

Family Planning Benefits ........................................... $515,582

Grant-In-Aid to Counties ........................................ $73,090,230

Purchase of Service Contracts .................................... $13,233,279

Special Purpose Contracts ........................................ $6,528,522

Total Funds Budgeted .......................................... $231,728,228

Indirect DOAS Services Funding .................................... $549,718

State Funds Budgeted .......................................... $130,239,263

Public Health Functional Budgets

Total Funds

State Funds

Director's Office

$

859,854 $

662,629

Employees' Health

$

357,598 $

207,598

FRIDAY, MARCH 15, 1991

2203

agement
Vital Records
Health Services Reseairch
Primary Health Care
Stroke and Heart Attack Prevention
Epidemiology
Immunization
Sexually Transmitted Diseases
Community Tubercul osis Center
Family Health Manag[ement
Infant and Child Hea1lth
Maternal Health 'erinatal
Family Planning
Malnutrition
Dental Health
Children's Medical Sesrrvviices
Chronic Disease
Diabetes
Cancer Control
Environmental Healthi
Laboratory Services
Emergency Health
District Health Adn nistration Newborn Follow-up C"aarree
Sickle Cell, Vision and Hearing
High-Risk Pregnant Women and Infants3
Grant In Aid to Counities
Community Heal lanagement
Community Care
Aids
Vaccines
Total 3. Rehabili in Services Budget: Personal Serv/ices .................... Regular Opei ating Expenses ........ Travel ..... Motor Vehic e Purchases ............ Equipment . Computer Cl larges .................. Real Estate ] Centals ................. Telecommun ications ................. Per Diem, Fi ses and Contracts ....... Utilities . .

$ 1,350,315 $ 1,220,992

$ 1,920,605 $ 1,730,767

$

911,488 $

688,670

$ 1,329,852 $ 1,245,490

$ 2,020,346 $ 1,490,346

$ 1,217,172 $

855,945

$

718,406 $

-- 0--

$ 3,624,516 $

306,257

$ 2,389,478 $ 2,085,553

$ 7,255,988 $ 1,053,111

$ 5,568,529 $ 4,329,077

$ 3,216,142 $

607,884

$ 10,388,761 $ 6,408,921

$ 63,966,816 $

-- 0--

$ 1,745,466 $ 1,539,599

$ 12,378,795 $ 10,143,673

$ 1,255,267 $ 1,255,267

$

699,051 $

699,051

$ 4,088,172 $ 3,881,036

$ 1,336,807 $

923,035

$ 5,632,794 $ 5,512,794

$ 2,996,084 $ 1,939,536

$ 10,596,224 $ 10,466,549

$

972,892 $

768,861

$ 3,849,110 $ 3,341,601

$ 3,825,696

$ 57,991,801

$

507,918

$ 3,412,257

$ 6,144,028

$ 7,200,000

$ 231,728,228

$ 3,825,696

$ 51,031,308

$

419,281

$ 1,300,787

$ 3,097,949

$ 7,200,000

$ 130,239,263

. . $66,891,824 ..... $10,097,375 ........ $722,668 ........ $62,815
..... $348,593 ...... $1,670,466 ..... $3,375,732
.... $1,470,601 .... $4,757,620 ........ $872.224

2204

JOURNAL OF THE SENATE

Capital Outlay Postage ..... Institutional 1 Case Services
e Services ............... ose Contracts ...........
Budgeted ...............
Budgeted ...............

........ $511,190 ........ $234,000 ..... $16,679,991 ......... $27,000 ........ $940,000 ...... $7,695,996 ... $116,358,095
...... $100,000 .... $22,683,448

Rehabilitation Services Functional Budgets

Total Funds

State Funds

Program Direction and Support

$ 3,922,148 $ 1,236,895

Grants Management

$ 1,033,610 $

884,113

State Rehabilitation Facilities

$ 7,658,209 $ 1,526,562

Roosevelt Warm Spriinnggs Institute

$ 19,971,620 $ 5,063,166

Georgia Factory for the Blind

$ 11,461,562 $

764,977

Disability Adjudicatio)n

$ 25,247,047 $

--0--

Production Workshop3 District Field Services

$

690,040 $

$ 37,206,765 $

-- 0-- 8,245,123

Independent Living

$

608,046 $

403,046

Sheltered Employmenit

$ 1,648,409 $

787,004

Community Facilities

$ 6,455,911 $ 3,488,901

Bobby Dodd Workshop

$

454,728 $

283,661

Total

Children Services Budget: vices ...................

Travel ..... Motor Vehic!le Purchases ............ Equipment . Computer Cl Real Estate : Telecommunications ................ Per Diem, Fiees and Contracts ....... Postage .... Cash Benefits . Grants to Colunty DFACS --
Operations ifits for Children ........

Service Contracts ....... rust Fund ..............

V3 Services Funding .... Budgeted ..............

$ 116,358,095 $ 22,683,448
...... $14,775,574 ...... $1,630,258 ......... $372,299 .......... $--0-- .......... $84,525 ..... $16,343,387
.... $252,861 ....... $1,400,660 ....... $5,014,274 ....... $2,064,694 . . . . . $401,740,037
. $230,449,410 ..... $68,410,444 ....... $3,641,604 ...... $1,994,658 ....... $1,119,603 ..... $749,294,288 ....... $2,339,882 ..... $329,889,265

FRIDAY, MARCH 15, 1991

2205

Family and Children Services Functional Budgets

Refugee Benefits
AFDC Payments
SSI -- Suppleme:ntal Benefits
Energy Benefits
County DFACS <Dperations -- Social Services
County DFACS (Dperatons -- Eligibility
County DFACS <Dperations -- Joint and Administation
County DFACS <Dperations -- Homemakers SIervices
Food Stamp Issuance
Director's Office
Administrative ' upport
Regional Admin: stration
Public Assistancei
Management Ii srmation Systems
Social Services
Indirect Cost
Employability Bemnefrits
Legal Services
Family Foster Caire
Institutional Foster Care Specialized Fosteir (Care
Adoption Supplement
Day Care
Home Manaj silt--Contracts
Outreach--Contracts
Special Projects
Program Support, County DFACS CDperations--
Employability 1Program
Children's Trust Fund Commission
Total Budget 1 lit Object Classes: Person Services .................... Regula Operating Expenses .......... Travel Motor ehicle Purchases ............. Equipmemnt ......................... Computex: Charges .................. ate Rentals .................

Total Funds

$ 1,908,666

$ 393,768,271

$

100

$ 6,917,000

State Funds

$

-- 0--

$ 150,928,530

$

100

$

--0--

$ 73,351,725 $ 26,332,635

$ 101,276,246 $ 50,527,772

$ 44,741,112 $ 21,938,552

$ 7,275,486 $ 7,275,486

$ 2,637,600 $

-- 0--

$

792,737 $

792,737

$ 5,065,607 $ 4,019,803

$ 4,065,925 $ 4,065,925

$ 4,056,908 $ 2,318,787

$ 19,304,729 $ 8,182,826

$ 2,943,045 $ 2,943,045

$

--0-- $ (6,971,058)

$ 3,613,143 $ 1,465,696

$ 1,976,046 $ 1,976,046

$ 29,284,018 $ 20,950,878

$ 4,150,219 $ 3,468,253

$ 1,534,848 $ 1,328,101

$ 5,353,680 $ 3,773,991

$ 24,995,087 $ 16,415,983

$

145,000 $

145,000

$

475,000 $

475,000

$ 1,265,960 $ 1,243,602

$ 3,342,033 $ 3,177,398

$ 3,804,841 $ 1,864,921

$ 1,249,256 $ 749,294,288

$ 1,249,256 $ 329,889,265

. $201,631,495 ...... $79,320,874
... $3,717,199 ........ $942,890 ........ $720,842
. . $22,763,715 ...... $10,725,486

2206

JOURNAL OF THE SENATE

Telecommunications .............................................. $5,040,124 Per Diem, Fees and Contracts .................................... $17,368,865 Utilities ........................................................... $872,224 Postage ......................................................... $4,328,946 Capital Outlay ...................................................... $--0-- Grants for Regional
Maternal and Infant Care ....................................... $1,885,000 Crippled Children Benefits ........................................ $7,600,000 Crippled Children Clinics ........................................... $640,000 Kidney Disease Benefits ............................................ $308,000 Cancer Control Benefits .......................................... $2,837,470 Benefits for Medically Indigent
High-Risk Pregnant Women and Their Infants.................... $1,550,000 Family Planning Benefits ........................................... $515,582 Grant-In-Aid to Counties ........................................ $73,090,230 Payments to DMA--Community Care ............................. $11,953,772 Service Benefits for Children ..................................... $82,365,292 Case Services ................................................... $16,679,991 E.S.R.P. Case Services ............................................... $27,000 Cash Benefits .................................................. $401,740,037 Grants for DFACS --
Operations................................................... $230,449,410 Institutional Repairs
and Maintenance................................................. $434,000 Special Purpose Contracts ....................................... $11,468,126 Purchase of Service Contracts .................................... $60,296,515 Children's Trust Fund ............................................ $1,119,603

B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions .......................... $515,512,474
Departmental Operations: Personal Services............................................... $407,594,467 Regular Operating Expenses...................................... $39,791,197 Travel ......................................................... $1,167,119 Motor Vehicle Purchases............................................ $339,330 Equipment ...................................................... $2,057,723 Computer Charges ............................................... $4,683,641 Real Estate Rentals .............................................. $1,211,440 Telecommunications .............................................. $3,163,540 Per Diem, Fees and Contracts ..................................... $7,178,105 Utilities ........................................................ $14,412,029 Authority Lease Rentals ............................................ $630,000 Institutional Repairs and Maintenance ................................................... $2,155,639 Grants to County-Owned Detention Centers .............................................. $2,667,420 Substance Abuse Community Services ........................................... $44,274,300 Mental Retardation Community Services ........................................... $93,981,157 Mental Health Community Services ........................................... $21,545,344 Community Mental Health Center Services ............................................... $62,709,921 Special Purpose Contract ......................................... $1,322,118 Service Benefits for Children ...................................... $4,940,940

FRIDAY, MARCH 15, 1991

2207

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

....... $606,870

Reserve/Clayton RYDC ......................

........ $321,742

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

$716,754,042

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

$2,404,100

State Funds Budgeted ...................................... .... $515,512,474

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

Total Funds

State Funds

Southwestern State Hospital

$ 41,848,126 $ 25,335,172

Georgia Retardation Center

$ 32,740,292 $ 13,233,966

Georgia Mental Health Institute

$ 32,082,230 $ 26,974,218

Georgia Regional Hospital at Augusta

$ 23,750,798 $ 20,477,202

Northwest Regional Hospital at Rome

$ 31,664,487 $ 24,032,967

Georgia Regional Hospital at Atlanta
Central State Hospital

$ 30,664,206 $ 23,074,494 $ 135,857,453 $ 82,314,287

Georgia Regional Hospital at Savannah

$ 25,912,943 $ 21,163,497

Gracewood State School and Hospital

$ 48,220,394 $ 22,397,105

West Central Georgia Regional Hospital

$ 23,640,553 $ 18,886,312

Outdoor Therapeutic Program

$ 3,577,551 $ 2,751,827

Mental Health Community Assistance

$ 9,960,276 $ 9,845,276

Mental Retardation Community Assistance

$ 4,754,386 $ 3,110,405

Developmental Disabilities Grant

$

721,071 $

-- 0--

Day Care Centers for Mentally Retarded

$ 71,759,602 $ 44,023,602

Supportive Living
Georgia State Foster Grandparents/ Senior Companion Program

$ 21,211,751 $ 21,211,751

$

706,422 $

675,392

Project Rescue

$

477,836 $

477,836

Drug Abuse Contracts

$ 4,099,557 $ 1,263,583

Community Mental Health Center Services

$ 62,709,921 $ 49,044,859

Project ARC

$

397,872 $

397,872

Metro Drug Abuse Centers

$ 1,430,525 $ 1,220,525

Group Homes for Autistic Children

$

276,822 $

276,822

Project Friendship

$

333,593 $

333,593

2208

JOURNAL OF THE SENATE

Community Mental Retardation Staff
Community Mental Retardation Residential Services
Contract with Clayton County Board of Education for Autistic Children
MH/MR/SA Administration
Regional Youth Development Centers
Milledgeville State YDC
Augusta State YDC Atlanta State YDC
Macon State YDC Court Services
Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/
Interstate Compact Assessment and Classification
Youth Services Administration
Total

3,890,090
16,821,082
77,288 10,439,356
20,329,344 11,154,438 7,875,164 4,199,812 4,298,605 14,171,760 2,931,466
999,966 717,273 6,427,003
783,118 450,674
2,388,936 716,754,042

$ 3,890,090

$ 16,821,082

$

77,288

$ 7,176,523

$ 19,773,844

$ 10,787,979

$ 7,791,935

$ 4,070,246

$ 3,730,728

$ 14,171,760

$ 2,931,466

$

999,966

$

717,273

$ 6,427,003

$

783,118

$

450,674

$ 2,388,936 $ 515,512,474

Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade .................... $16,650,843 State Operations Budget: Personal Services. ................................................ $7,739,695 Regular Operating Expenses....................................... $1,416,975 Travel ............................................................ $304,263 Motor Vehicle Purchases............................................. $42,000 Equipment ......................................................... $41,281 Computer Charges ................................................. $119,278 Real Estate Rentals ................................................ $840,869 Telecommunications ................................................ $218,796 Per Diem, Fees and Contracts ....................................... $262,480 Local Welcome Center Contracts .................................... $214,400 Advertising and Cooperative Advertising ........................... $4,839,110 Georgia Ports Authority Authority Lease Rentals ........................................ $1,445,000 Historic Chattahoochee Commission Contract.............................................. $40,000 Georgia Council for International Visitors .............................................. $23,500 Waterway Development in Georgia .......................................................... $40,000 Contract--Georgia Association of Broadcasters ......................... $49,820 Southern Center for International Studies .............................................. $23,500

FRIDAY, MARCH 15, 1991

2209

Lanier Regional Watershed Commission ...................................................... $20,000
Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $17,680,967 State Funds Budgeted ........................................... $16,650,843

Department of Industry and Trade Functional Budgets

Total Funds

State Funds

Administration

$ 4,351,123 $ 3,531,123

Economic Development

$ 5,405,141 $ 5,245,141

Tourism

$ 7,924,703 $ 7,874,579

Total

$ 17,680,967 $ 16,650,843

Section 25. Department of Insurance. Budget Unit: Department of Insurance.............................. $13,387,175 Operations Budget: Personal Services................................................ $11,567,178 Regular Operating Expenses......................................... $583,961 Travel ............................................................ $551,170 Motor Vehicle Purchases............................................ $124,000 Equipment ........................................................ $105,546 Computer Charges ................................................. $268,816 Real Estate Rentals ................................................ $520,761 Telecommunications ................................................ $249,625 Per Diem, Fees and Contracts ........................................ $51,600 Health Care Utilization Review ...................................... $100,000 Total Funds Budgeted ........................................... $14,122,657 State Funds Budgeted ........................................... $13,387,175

Department of Insurance Funtional Budgets

Total Funds

State Funds

Internal Administration

$ 2,519,213 $ 2,519,213

Insurance Regulation

$ 6,027,054 $ 5,897,054

Industrial Loans Regulation

$

626,654 $

626,654

Fire Safety and Mobile Home Regulations

$ 4,949,736 $ 4,344,254

Total

$ 14,122,657 $ 13,387,175

Section 26. Department of Labor. Budget Unit: Department of Labor .................................. $6,592,409 State Operations: Personal Services................................................ $63,558,836 Regular Operating Expenses....................................... $5,488,281 Travel .......................................................... $1,014,839 Motor Vehicle Purchases............................................. $--0-- Equipment ........................................................ $468,869 Computer Charges ............................................... $3,772,454 Real Estate Rentals .............................................. $1,259,182 Telecommunications .............................................. $1,260,815 Per Diem, Fees and Contracts (JTPA) ............................................. $65,281,260 Per Diem, Fees and Contracts ..................................... $2,902,168 W.I.N. Grants ...................................................... $--0--

2210

JOURNAL OF THE SENATE

Payments to State Treasury....................................... $1,774,078 Capital Outlay ................................................... $2,800,000 Total Funds Budgeted .......................................... $149,580,782
State Funds Budgeted ............................................ $6,592,409

Department of Labor Functional Budgets

Total Funds

State Funds

Executive Offices

$ 5,844,311 $

850,113

Administrative Services

$ 18,745,143 $ 3,001,102

Employment and Training Services

$ 124,991,328 $ 2,741,194

Total

$ 149,580,782 $ 6,592,409

Section 27. Department of Law. Budget Unit: Department of Law.................................... $9,016,714
Attorney General's Office Budget: Personal Services................................................. $8,216,698
Regular Operating Expenses......................................... $367,943 Travel ............................................................ $131,057
Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $11,205 Computer Charges ................................................. $169,406
Real Estate Rentals ................................................ $462,241 Telecommunications ................................................. $98,164
Per Diem, Fees and Contracts........................................ $60,000 Books for State Library............................................. $110,000
Total Funds Budgeted ............................................ $9,626,714 State Funds Budgeted ............................................ $9,016,714

Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services .................................. $840,647,613
Departmental Operations Budget: Personal Services................................................ $12,943,537 Regular Operating Expenses......................................... $556,334
Travel ............................................................ $144,500 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $42,750
Computer Charges .............................................. $17,049,279 Real Estate Rentals ................................................ $935,973
Telecommunications ................................................ $401,058 Per Diem, Fees and Contracts .................................... $49,333,561
Medicaid Benefits, Penalties and Disallowances........................................... $2,144,270,010
Payments to Counties for Mental Health ................................................ $40,423,285
Audit Contracts .................................................... $772,500
SFY 1991 Medicaid Benefits, Penalties and Disallowances ................................... $129,634,430
Total Funds Budgeted ......................................... $2,396,507,217 State Funds Budgeted .......................................... $840,647,613

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$ 8,888,728 $ 4,292,372

Program Management

$ 42,658,929 $ 2,122,622

FRIDAY, MARCH 15, 1991

2211

Systems Management Administration
Program Integrity
Institutional Policy and Reimbursement
Benefits, Penalties and Disallowances
Total

$ 19,808,298 $ 2,868,490 $ 4,536,618
$ 3,418,429
$ 2,314,327,725 $ 2,396,507,217

Section 29. Merit System of Personnel Administration. Budget Unit: Merit Systems of Personnel Administration Departmental Operations Budget:

Travel ...................................... Equipment .................................. Computer Charges ........................... Real Estate Rentals ..........................
Per Diem, Fees and Contracts .................
Total Funds Budgeted ........................ Other Agency Funds. ......................... Agency Assessments ..........................

State Funds ................................

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

Merit System Functional Budgets Total Funds
$ 2,821,075
$ 1,248,370 $ 1,349,647
$ 1,344,926
$ 25,819,672 $ 682,855,136 $ 2,674,003 $ 1,627,945 $ 719,740,774

Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources . .
Operations Budget:

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

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

$ 5,455,465

$

497,558

$ 1,694,834

$ 1,656,666

$ 824,928,096 $ 840,647,613

......... $--0--
...... $8,260,883 ...... $1,724,982 ......... $84,509 ......... $53,553 ...... $2,986,792 ....... $918,326 ........ $299,927 ..... $92,228,910 .... $613,182,892 .... $719,740,774 ......... $17,000 .... $10,050,160 .... $709,545,696 ........ $127,918 ......... $--0--

State Funds

$

-- 0--

$

--0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

-- 0--

$

--0--

.... $71,431,041
..... $61,639,796 ..... $11,706,052 ........ $440,234 ...... $1,457,331 ...... $1,595,805

2212

JOURNAL OF THE SENATE

Real Estate Rentals .............................................. $1,854,165 Per Diem, Fees and Contracts ..................................... $1,214,102 Computer Charges ................................................. $692,982 Telecommunications .............................................. $1,115,171 Authority Lease Rentals ............................................ $227,000 Advertising and Promotion .......................................... $150,000 Cost of Material for Resale ....................................... $2,400,000 Capital Outlay:
New Construction ................................................ $100,000 Repairs and Maintenance ......................................... $2,331,700 Land Acquisition Support........................................... $211,500 Wildlife Management Area Land Acquisition ......................... $530,000 Shop Stock -- Parks ............................................... $329,000 User Fee Enhancements .......................................... $1,755,000 Buoy Maintenance .................................................. $20,000 Waterfowl Habitat .................................................. $--0-- Paving at State Parks and
Historic Sites .................................................... $400,000 Grants:
Land and Water Conservation ..................................... $800,000 Environmental Facilities .......................................... $3,500,000 Historic Preservation ............................................... $258,500 Recreation......................................................... $315,000 Contracts:
Georgia Special Olympics ......................................... $193,640 Georgia Sports Hall of Fame ......................................... $--0-- Technical Assistance Contract ....................................... $117,500 Corps of Engineers (Cold Water Creek State Park) .................... $175,000 Georgia Rural Water Association ..................................... $10,000 Georgia State Games Commission.................................... $123,824 U.S. Geological Survey for
Ground Water Resources.......................................... $300,000 U.S. Geological Survey for
Topographic Mapping ............................................ $125,000 Payments to Georgia Agricultural
Exposition Authority ........................................... $2,398,872 Georgia Boxing Commission ........................................... $5,000 Total Funds Budgeted ........................................... $98,492,174 Receipts from Jekyll Island
State Park Authority ............................................. $314,594 Receipts from Stone Mountain
Memorial Association ............................................. $724,572 Indirect DOAS Funding ............................................ $200,000 State Funds Budgeted ........................................... $71,431,041

Department of Natural Resources Functional Budgets

Total Funds

State Funds

Internal Administration

$ 8,187,412 $ 5,649,277

Parks, Recreation and Historic Sites

$ 36,474,516 $ 19,866,148

Coastal Resources

$ 1,791,180 $ 1,696,180

Game and Fish

$ 27,155,399 $ 23,110,269

Environmental Protection

$ 24,883,667 $ 21,109,167

Total

$ 98,492,174 $ 71,431,041

FRIDAY, MARCH 15, 1991

2213

B. Budget Unit: Georgia Agricultural Exposition Authority ................................................ $--0--
Operations Budget: Personal Services................................................. $1,390,524 Regular Operating Expenses....................................... $1,360,997 Travel ............................................................. $21,600 Motor Vehicle Purchases............................................. $20,000 Equipment ......................................................... $76,600 Computer Charges .................................................. $28,500 Real Estate Rentals ........................................ $--0-- Telecommunications ................................................. $18,000 Per Diem, Fees and Contracts ....................................... $490,826 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ............................................ $3,407,047 State Funds Budgeted ............................................... $--0--
Functional Budget

Georgia Agricultural Exposition Authority

Total Funds

State Funds

$ 3,407,047 $

--0--

Section 31. Department of Public Safety. A. Budget Unit: Department of Public
Safety ........................................................ $83,341,227
1. Operations Budget: Personal Services................................................ $50,686,193 Regular Operating Expenses....................................... $7,829,772 Travel .................................................... ....... $132,250 Motor Vehicle Purchases.......................................... $2,010,000 Equipment ........................................................ $425,952 Computer Charges ............................................... $4,786,000 Real Estate Rentals ................................................. $40,501 Telecommunications ................................................ $878,400 Per Diem, Fees and Contracts ....................................... $194,650 State Patrol Posts Repairs
and Maintenance................................................. $150,000 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $67,133,718 Indirect DOAS Service Funding ................................... $1,650,000 State Funds Budgeted ........................................... $65,483,718 2. Driver Services Budget: Personal Services................................................ $14,411,252 Regular Operating Expenses....................................... $1,643,953 Travel ............................................................. $32,750 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $78,497 Computer Charges .................................................. $--0-- Real Estate Rentals ................................................. $37,507 Telecommunications ................................................ $321,600 Per Diem, Fees and Contracts ........................................ $85,350 Capital Outlay ...................................................... $--0-- Conviction Reports ................................................. $265,000 Driver License Processing ........................................... $981,600 Total Funds Budgeted ........................................... $17,857,509 Indirect DOAS Service Funding ...................................... $--0-- State Funds Budgeted ........................................... $17,857,509

2214

JOURNAL OF THE SENATE

Public Safety Functional Budgets

Administration Driver Services Field Operations Total

Total Funds $ 17,460,261 $ 17,857,509 $ 49,673,457 $ 84,991,227

State Funds $ 15,810,261 $ 17,857,509 $ 49,673,457 $ 83,341,227

B. Budget Unit: Units Attached for Administrative Purposes Only ...... $13,793,488 1. Attached Units Budget:
Personal Services................................................. $7,321,285 Regular Operating Expenses....................................... $2,628,647 Travel ............................................................ $113,050 Motor Vehicle Purchases............................................. $13,500 Equipment ........................................................ $132,085 Computer Charges ................................................. $425,076 Real Estate Rentals ................................................. $95,366 Telecommunications ................................................ $144,963 Per Diem, Fees and Contracts ....................................... $827,440 Peace Officers Training Grants .................................... $2,758,356 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ........................................... $14,459,768 State Funds Budgeted ........................................... $13,469,768 2. Office of Highway Safety Budget: Personal Services................................................... $410,802 Regular Operating Expenses.......................................... $28,600 Travel .............................................................. $9,828 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $--0-- Computer Charges .................................................. $39,185 Real Estate Rentals ................................................. $75,078 Telecommunications .................................................. $4,000 Per Diem, Fees and Contracts........................................ $23,800 Highway Safety Grants ........................................... $3,500,000 Total Funds Budgeted ............................................ $4,091,293 State Funds Budgeted .............................................. $323,720

Attached Units Functional Budgets

Office of Highway Safety
Georgia Peace Officers Standards and Training
Police Academy
Fire Academy
Georgia Firelighters Standards and Training Council
Organized Crime Prevention Council
Georgia Public Safety Training Facility
Total

Total Funds $ 4,091,293

$ 4,783,777 $ 1,170,899 $ 1,249,708

$

451,219

$

--0--

$ 6,804,165 $ 18,551,061

State Funds

$

323,720

$ 4,783,777 $ 1,120,899 $ 1,169,708

$

451,219

$

--0--

$ 5,944,165 $ 13,793,488

Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System ........... $10,911,433

FRIDAY, MARCH 15, 1991

2215

Departmental Operations Budget: Payments to Employees'
Retirement System ............................................... $441,433 Employer Contributions ......................................... $10,470,000 Total Funds Budgeted ........................................... $10,911,433 State Funds Budgeted ........................................... $10,911,433

Section 33. Public Service Commission. Budget Unit: Public Service Commission ............................. $7,473,781 Departmental Operations Budget: Personal Services................................................. $6,578,665 Regular Operating Expenses......................................... $378,504 Travel ............................................................ $192,943 Motor Vehicle Purchases............................................. $66,860 Equipment ......................................................... $26,162 Computer Charges ................................................. $269,792 Real Estate Rentals ................................................ $316,643 Telecommunications ................................................ $122,073 Per Diem, Fees and Contracts ....................................... $922,115 Total Funds Budgeted ............................................ $8,873,757 State Funds Budgeted ............................................ $7,473,781

Public Service Commission Functional Budgets

Administration Transportation Utilities Total

Total Funds $ 1,713,791 $ 3,098,250 $ 4,061,716 $ 8,873,757

State Funds $ 1,713,791 $ 1,796,274 $ 3,963,716 $ 7,473,781

Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ................................ $800,682,821
Resident Instruction Budget: Personal Services:
Educ., Gen., and Dept. Svcs. .................................. $867,635,675 Sponsored Operations ........................................ $110,000,000 Operating Expenses: Educ., Gen., and Dept. Svcs. .................................. $216,908,919 Sponsored Operations ........................................ $125,000,000 Special Funding Initiative........................................ $11,250,000 Office of Minority Business Enterprise .............................................. $331,830 Special Desegregation Programs ..................................... $360,383 Forestry Research .................................................. $315,880 Capital Outlay ...................................................... $--0-- Total Funds Budgeted ......................................... $1,331,802,687 Departmental Income............................................ $31,000,000 Sponsored Income.............................................. $235,000,000 Other Funds ................................................... $262,092,566 Indirect DOAS Services Funding .................................. $3,027,300 State Funds Budgeted .......................................... $800,682,821

B. Budget Unit: Regents Central Office and Other Organized Activities .................................. $147,878,807
Regents Central Office and Other Organized Activities Budget:

2216

JOURNAL OF THE SENATE

Personal Services: Educ., Gen., and Dept. Svcs. .................................. $217,824,438 Sponsored Operations ......................................... $65,013,299
Operating Expenses: Educ., Gen., and Dept. Svcs. .................................. $102,640,762 Sponsored Operations ......................................... $36,177,000
Fire Ant and Environmental Toxicology Research .............................................. $207,000
Agricultural Research............................................. $2,022,943 Advanced Technology
Development Center ............................................ $1,525,824 Capitation Contracts for
Family Practice Residency ...................................... $2,659,765 Residency Capitation Grants ...................................... $2,461,821 Student Preceptorships ............................................. $150,771 Center for Rehabilitation
Technology ...................................................... $701,330 SREB Payments ................................................. $8,792,031 Medical Scholarships ............................................. $1,074,370 Regents Opportunity Grants ........................................ $564,000 Regents Scholarships ............................................... $188,000 Rental Payments to Georgia
Military College .................................................. $796,348 CRT Inc. Contract at Georgia Tech
Research Institute................................................ $211,000
Direct Payments to the Georgia Public Telecommunications Commission for Operations .................. $6,562,843
Total Funds Budgeted .......................................... $449,573,545 Departmental Income................................................ $--0-- Sponsored Income .............................................. $104,448,623 Other Funds ................................................... $196,690,415 Indirect DOAS Services Funding .................................... $555,700 State Funds Budgeted .......................................... $147,878,807

Regents Central Office and Other Organized Activities Functional Budgets

Total Funds

State Funds

Marine Resources Extension Center

$ 1,735,259 $ 1,197,826

Skidaway Institute Of Oceanography

$ 3,694,840 $ 1,508,416

Marine Institute

$ 1,407,653 $

956,926

Georgia Tech Research Institute

$ 128,059,781 $ 13,046,080

Education Extension Services

$ 5,847,680 $ 2,085,995

Agricultural Experiment Station
Cooperative Extension Service

$ 50,369,052 $ 33,908,275 $ 49,649,263 $ 33,222,563

Eugene Talmadge Memorial Hospital

$ 168,725,009 $ 29,618,061

Veterinary Medicine Experiment Station

$ 2,906,045 $ 2,906,045

FRIDAY, MARCH 15, 1991

2217

Veterinary Medicine Teaching Hospital
Joint Board of Family Practice
Georgia Radiation Therapy Center
Athens and Tifton Veterinary Laboratories
Regents Central Office
Total

$ 2,355,780
$ 5,933,885
$ 2,450,164
$ 3,258,324 $ 23,180,810 $ 449,573,545

$

503,925

$ 5,933,885

$

--0--

$ 22,990,810 $ 147,878,807

C. Budget Unit: Georgia Public Telecommunications Commission ......................................................... $--0--
Public Telecommunications Commission Budget: Personal Services................................................. $7,100,446 Operating Expenses .............................................. $7,299,519 Total Funds Budgeted ........................................... $14,399,965 Other Funds .................................................... $14,399,965 State Funds Budgeted ............................................... $--0--

Section 35. Department of Revenue. Budget Unit: Department of Revenue............................... $75,730,951
Operations Budget: Personal Services................................................ $48,381,838 Regular Operating Expenses....................................... $4,464,354 Travel .......................................................... $1,408,050 Motor Vehicle Purchases............................................ $114,200 Equipment ........................................................ $477,955 Computer Charges ............................................... $9,711,450 Real Estate Rentals .............................................. $2,184,891 Telecommunications ................................................ $702,945 Per Diem, Fees and Contracts ....................................... $297,625 County Tax Officials/Retirement and FICA ..................................................... $2,327,000 Grants to Counties/Appraisal Staff .......................................................... $1,230,000 Motor Vehicle Tags and Decals.................................... $4,650,175 Postage ......................................................... $3,625,468 Total Funds Budgeted ........................................... $79,575,951 Indirect DOAS Services Funding .................................. $3,845,000 State Funds Budgeted ........................................... $75,730,951

Department of Revenue Functional Budgets

Total Funds

Departmental Administration Internal Administration Electronic Data Processing Field Services Income Tax Unit Motor Vehicle Unit Central Audit Unit Property Tax Unit Sales Tax Unit Total

$ 5,141,593 $ 10,981,212 $ 5,437,651 $ 16,732,835 $ 8,121,248 $ 17,762,704 $ 6,865,717 $ 4,249,333 $ 4,283,658 $ 79,575,951

State Funds
$ 5,141,593 $ 10,881,216 $ 5,437,651 $ 16,642,835 $ 6,721,256 $ 15,707,704 $ 6,865,717 $ 4,249,333 $ 4,083,646 $ 75,730,951

2218

JOURNAL OF THE SENATE

Section 36. Secretary of State. Budget Unit: Secretary of State .................................... $22,522,890 Personal Services................................................ $15,542,963 Regular Operating Expenses....................................... $2,113,592 Travel ............................................................ $241,350 Motor Vehicle Purchases............................................ $128,500 Equipment ........................................................ $106,261 Computer Charges ................................................. $908,111 Real Estate Rentals .............................................. $2,282,731 Telecommunications ................................................ $300,095 Per Diem, Fees and Contracts ....................................... $799,287 Election Expenses .................................................. $600,000 Total Funds Budgeted ........................................... $23,022,890 State Funds Budgeted ........................................... $22,522,890

Secretary of State Functional Budgets

Total Funds

State Funds

Internal Administration

$ 3,185,598 $ 3,045,598

Archives and Records

$ 4,739,015 $ 4,664,015

Business Services and Regulation

$ 4,342,124 $ 4,247,124

Elections and Campaign Disclosure

$ 1,336,262 $ 1,300,262

Drugs and Narcotics

$

995,879 $

941,879

State Ethics Commission

$

196,279 $

196,279

Occupational Certification

$ 8,227,733 $ 8,127,733

Total

$ 23,022,890 $ 22,522,890

B. Budget Unit: Real Estate Commission .............................. $1,972,706 Real Estate Commission Budget: Personal Services................................................. $1,090,626 Regular Operating Expenses......................................... $156,300 Travel ............................................................. $15,000 Motor Vehicle Purchases............................................. $44,000 Equipment ......................................................... $12,500 Computer Charges ................................................. $381,830 Real Estate Rentals ................................................ $113,700 Telecommunications ................................................. $24,000 Per Diem, Fees and Contracts ....................................... $134,750 Total Funds Budgeted ............................................ $1,972,706 State Funds Budgeted ............................................ $1,972,706

Real Estate Commission Functional Budget

Cost of

State Funds

Operations

Real Estate Commission

$ 1,972,706 $ 2,012,706

Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission................ $1,792,083
Soil and Water Conservation Budget: Personal Services. .................................................. $978,190 Regular Operating Expenses......................................... $108,898

FRIDAY, MARCH 15, 1991

2219

Travel ............................................................. $56,975 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $13,067 Computer Charges ................................................... $6,846 Real Estate Rentals ................................................. $56,218 Telecommunications ................................................. $18,676 Per Diem, Fees and Contracts ....................................... $483,440 County Conservation Grants ........................................ $449,198 Total Funds Budgeted ............................................ $2,171,508 State Funds Budgeted ............................................ $1,792,083

Section 38. Student Finance Commission. Budget Unit: Student Finance Commission .......................... $23,638,753 Administration Budget: Personal Services................................................. $4,829,739 Regular Operating Expenses......................................... $411,250 Travel ............................................................. $86,800 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $21,000 Computer Charges ................................................. $371,000 Telecommunications ................................................ $147,800 Per Diem, Fees and Contracts........................................ $38,000 Real Estate Rentals ................................................. $18,000 Payment of Interest and Fees ....................................... $781,921 Guaranteed Educational Loans .................................... $4,210,000 Tuition Equalization Grants...................................... $14,849,678 Student Incentive Grants ......................................... $4,728,461 Law Enforcement Personnel Dependents' Grants ............................................... $36,000
North Georgia College ROTC Grants..................................................... $95,500
Osteopathic Medical Loans.......................................... $162,000 Georgia Military Scholarship
Grants .......................................................... $462,030 Paul Douglas Teacher
Scholarship Loans ................................................ $398,784 Total Funds Budgeted ........................................... $31,647,963 State Funds Budgeted ........................................... $23,638,753

Georgia Student Finance Commission Functional Budgets

Total Funds

State Funds

Internal Administration

$ 5,339,364 $

--0--

Higher Education Assistance Corporation

$

781,921 $

485,904

Georgia Student Finance Authority

$ 24,942,453 $ 22,571,406

Georgia Nonpublic Postsecondary Education Commission

$

584,225 $

581,443

Total

$ 31,647,963 $ 23,638,753

Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System........................... $3,950,000 Departmental Operations Budget: Personal Services............................................... $3,191,881 Regular Operating Expenses......................................... $319,860 Travel ............................................................. $26,650

2220

JOURNAL OF THE SENATE

Equipment ......................................................... $16,000 Computer Charges ............................................... $1,078,000 Real Estate Rentals ................................................ $301,000 Telecommunications ................................................ $113,978 Per Diem, Fees and Contracts ....................................... $330,000 Cost-of-Living Increases for Local
Retirement System Members .................................... $3,250,000 Floor Fund for Local
Retirement Systems .............................................. $700,000 Total Funds Budgeted ............................................ $9,327,369 State Funds Budgeted ............................................ $3,950,000

Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education ........................................ $128,366,410 Department of Technical and Adult Education Budget: Personal Services................................................. $4,106,449 Regular Operating Expenses......................................... $370,242 Travel ............................................................ $111,000 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $13,000 Computer Charges ................................................. $381,470 Real Estate Rentals ................................................ $495,110 Telecommunications ................................................ $144,000 Per Diem, Fees and Contracts ....................................... $797,526 Personal Services--Institutions ................................... $86,540,574 Operating Expenses--Institutions ................................. $18,953,302 Capital Outlay ...................................................... $--0-- Quick Start Program ............................................. $6,200,389 Area School Program ............................................ $25,322,070 Regents Program................................................. $2,737,598 Adult Literacy Grants ............................................ $8,657,535 Total Funds Budgeted .......................................... $154,830,265 State Funds Budgeted .......................................... $128,366,410

Functional Budgets

Total Funds

State Funds

Administration

$ 6,418,797

5,397,950

Institutional Programs

$ 148,411,468

122,968,460

Total

$ 154,830,265

128,366,410

Section 41. Department of Transportation. Budget Unit: Department of Transportation ......................
For Public Roads and Bridges and for other transportation activities. 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 ...............................................

$501,936,837
$225,713,769 . $60,505,689 . . $1,636,678 .... $511,000 . . $4,359,489 . . $4,538,721 . . $1,355,827
$2,009,489 . . $9,897,129 $658,811,371

FRIDAY, MARCH 15, 1991

2221

Capital Outlay -- Airport Approach Aid and Operational Improvements .
Capital Outlay -- Airport Development ........ Mass Transit Grants ......................... Savannah Harbor Maintenance Payments ...... Spoilage Area Acquisition Clearing,
Preparation and Dike Reconstruction ........ Total Funds Budgeted ........................ State Funds Budgeted ........................

$1,058,242 $1,000,000 $8,177,520 .. $987,000
..... $--0-- $980,561,924 $501,936,837

Department of Transportation Functional Budgets

Motor Fuel Tax Budget
Planning and Construction Maintenance and Betterments Facilities and Equipment Administration
Total General Funds Budget Paving at State and Local Schools and
State Institutions Air Transportation Inter-Modal Transfer
Facilities Harbor Maintenance
Activities Total

Total Funds
$ 705,564,405 $ 230,227,025 $ 7,099,748 $ 22,568,822 $ 965,460,000
Total Funds

$

--0--

$ 1,679,487

$ 12,435,437

987,000 $ 15,101,924

State Funds $ 247,489,405 $ 218,987,025 $ 6,499,748 $ 22,023,822 $ 495,000,000
State Funds
--0-- 1,179,487
4,770,350
987,000 6,936,837

Section 42. Department of Veterans Service. Budget Unit: Department of Veterans Service ....................... $21,800,034
Departmental Operations Budget: Personal Services................................................. $4,708,140 Regular Operating Expenses......................................... $115,252 Travel ............................................................. $65,456 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $43,995 Computer Charges .................................................. $15,295 Real Estate Rentals ................................................ $231,872 Telecommunications ................................................. $55,370 Per Diem, Fees and Contracts........................................ $23,100 Capital Outlay ...................................................... $--0--
Operating Expense/Payments to Central State Hospital......................................... $15,312,585
Operating Expense/Payments to Medical College of Georgia ...................................... $5,921,793
Regular Operating Expenses for Projects and Insurance ........................................ $175,000
Total Funds Budgeted ........................................... $26,667,858 State Funds Budgeted ........................................... $21,800,034

Veterans Service Functional Budgets

Veterans Assistance

Total Funds $ 5,223,655

State Funds $ 5,008,626

2222

JOURNAL OF THE SENATE

Veterans Home and Nursing Facility -- Milledgeville
Veterans Nursing Home -- Augusta
Total

$ 15,494,210 $ 12,274,222
$ 5,949,993 $ 4,517,186 $ 26,667,858 $ 21,800,034

Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board ........................................................ $8,781,814
Operations Budget: Personal Services................................................. $6,952,772 Regular Operating Expenses......................................... $327,875
Travel ............................................................. $69,615 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $2,885
Computer Charges ................................................. $212,548 Real Estate Rentals ................................................ $997,304 Telecommunications ................................................ $105,000
Per Diem, Fees and Contracts ....................................... $123,815
Georgia Crime Victims Assistance Program ........................... $100,000 Total Funds Budgeted ............................................ $8,981,814 State Funds Budgeted ............................................ $8,781,814

Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) .................................. $320,780,643
State of Georgia General Obligation Debt Sinking Fund (New) ......................................... .$26,244,450

Section 45. State of Georgia Guaranteed Revenue Debt Common Reserve Fund. In ad dition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of $5,000,000 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 obligations of the Georgia Environmental Facilities Authority for loans to local governments for "sewerage facilities" and "water facilities as denned in the Act of the Authority. The maximum principal amount of the specific issue shall not exceed $50,000,000; 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 isssue.

Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Sec tion 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 em ployees 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 47. 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 48. 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

FRIDAY, MARCH 15, 1991

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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 49. 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 50. 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 Georgia Magistrate Courts Training Council created by Code Section 15-10-132.
Section 51. 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 52. Provisions Relative to Section 11, Department of Administrative Services. It is the intent of this General Assembly that the Department of Administrative Services de velop a plan to centralize the mailing functions of state government and begin implementa tion of said plan by the Department or a contractor when feasible.
Section 53. Provisions Relative to Section 13, Department of Agriculture. Provided that of the appropriation to the Department of Agriculture, $80,000 is designated and committed for youth programs and activities.
Section 54. Provisions Relative to Section 16, Department of Corrections. It is the in tent of the General Assembly that all State and Superior Court Judges assess a minimum $10.00 per month probation fee on all probation cases and excess fee revenue above that which is already budgeted shall be applied toward the lapse factor to fill unfunded proba tion positions and related costs.
Provided that of the above appropriation to the Department of Corrections, $5,000 is designated and committed to plan a detention facility in Mclntosh County.
It is the intent of this General Assembly that chaplains, teachers and librarians be em ployed by contract for all correctional institutions opened after July 1, 1991 when possible.
Section 55. 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 $1,647.07. 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 grants will be determined under Board of Education policy IDDF and may not exceed $600,000 for FY 1992.
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

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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 SPY 1992 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 1992 that it contributed during SFY 1991.

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.

Provided, that of the above appropriation relative to Staff Development/Professional Development, $100,000 is designated and committed for the purpose of School Board Training.

Provided, that of the funds appropriated for staff and professional development, $500,000 is designated and committed to train teachers in the high school (9-12) and middle grades (6-8) in methods of teaching responsible sex education.

Provided, however, that the portion of the Governor's Scholarship Program that is in tended for salutatorians, valedictorians, and STAR students must be only for students from accredited public high schools.

Section 56. Provisions Relative to Section 19, Employees Retirement System. The Em ployees Retirement System is authorized to increase the employer contribution rate by nine one-hundreths of one percent of salaries to fund the following:

1.) A one and one-half percent cost-of-living increase effective July 1, 1991.

2.) A one and one-half percent cost-of-living increase effective January 1, 1992.

Section 57. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Forestry Commission close the Morgan Nursery and reduce production at the Page/Walker Nursery.

Section 58. 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:

Number in Asst. Group
1 2

Standards of Need $235 356

Maximum Monthly Amount
$155 235

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3

424

280

4

500

330

5

573

378

6

621

410

7

672

444

8

713

470

9

751

496

10

804

530

11

860

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 1992 that was authorized in fiscal year 1987.

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 funding.

It is the intent of this General Assembly that expansion funds for the PEACH program be distributed to designated counties on a need basis, not to exceed $50,000 in State Funds per county.

It is the intent of this General Assembly that federal funds be utilized to expand se lected programs to the extent that federal funds become available on a continuing basis. The Department is authorized to expend funds on the following programs in Fiscal Year 1992 by amendment to the Department's annual operating budget as approved by the Office of Planning and Budget:

Early intervention programs for children and youth who are at risk of becoming physi cally or emotionally handicapped, becoming involved in the illegal use of drugs and juvenile offenses or of becoming pregnant.

Continuum for Juvenile Offenders.

Community Mental Health Services for Children and Adolescents.

Child Protective and Placement Services.

Institutional Foster Care Rates - To increase the percent of cost reimbursed to provid ers for children placed by the department.

Child day care as provided by the federal Child Care Bill.

Provided, that Central State Hospital is authorized to expend $200,000 of the existing appropriation for the purchase of Clozapine tablets to be used in the treatment of schizo phrenic clients.

Provided that, in the event funding from the Ryan White Comprehensive AIDS Re source Emergency (Care) Act of the 1990 is not appropriated at the level applied for, the Department of Human Resources is authorized and directed to contract with the Visiting Nurse Association, Grady AIDS Clinic, and AID Atlanta for a period of nine months rather than twelve months.

Provided, it is the intent of this General Assembly that the Department of Human Resources is authorized to allow eligible individuals with mental retardation to be served in the least restrictive community setting possible in lieu of a state mental retardation hospital and that existing funds appropriated herein for mental retardation hospitals be utilized in serving any mental retardation client who is moved from a state mental retardation hospital to a community setting.

Section 59. Provisions Relative to Section 25, Department of Insurance. It is the intent of this General Assembly that the Department is authorized to add five positions.

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It is the intent of this General Assembly that the Office of Planning and Budget and the Commissioner of Insurance shall devise a plan and schedule for the implementation of Code 33, Chapter 45. This Plan shall include, but not be limited to, the development of utiliza tion review standards, rules and regulations, fee schedule, and staffing levels. Upon comple tion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the Department of Insurance to implement the Plan.
Section 60. Provisions Relative to Section 28, Department of Medical Assistance. There is hereby appropriated to the Department of Medical Assistance a specific sum of money equal to all the moneys contributed to the Indigent Care Trust Fund created pursuant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those pur poses for which such moneys may be appropriated pursuant to Article 6, and may be used to match federal funds which are available for such purposes.
Nothing contained in this Act shall be construed so as to prevent the Department of Medical Assistance from reimbursing for community services provided to the mentally re tarded eligible for Medicaid.
The Department of Medical Assistance is authorized to use existing funds to prepare for the implementation of a limited full-denture program.
Section 61. Provisions Relative to Section 29, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $156.95 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 1992 shall not exceed ten and seven-tenths percent (10.70%).
It is the intent of the General Assembly that salary increases be permitted solely on the basis of meritorious performance. Subject to the approval of the Office of Planning and Budget, agencies may transfer up to one-half percent from other common object classes to personal services for the purpose of awarding merit increases. By May 1, 1991, agency heads must report to the Office of Planning and Budget the criteria to be used by the Department in awarding merit increases. Merit increases may not exceed one step. Merit increases should be equitably distributed to employees in all pay grades. By January 1, 1992, agency heads must report to the Governor and the General Assembly the number and percentage of eligible employees, by pay grade, who have been awarded merit increases in the first half of the fiscal year. The Office of Planning and Budget is authorized to enter into a contract with a nationally recognized personnel consulting firm to prepare a comprehensive merit pay pro posal for state employees.
Section 62. 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 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.
Provided that of the funds appropriated herein for Historic Preservation Grants, distri bution thereof shall be pro rata among those Regional Planning Commissions which employ Preservation Planners as of July, 1990.
Provided, that to the extent State Parks and Historic Sites receipts are realized in ex cess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use 50 percent of the excess receipts to supplant State funds and 50 percent may be amended into the budget of the Parks, Recreation and Historic Sites

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Division for the most critical needs of the Division. This provision shall not apply to reve nues collected from a state parks parking pass implemented by the Department.
Section 63. 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 programs and to provide initial support for the development (as approved by the Board of Regents) of regional universities.
Section 64. Provisions Relative to Section 40, Department of Technical and Adult Edu cation. 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.
Provided, that of the funds appropriated for the Quick Start Program, $50,000 is desig nated and committed to compensate Southeastern Paper Company for prior year projects.
Section 65. 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 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.

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i.) The Department is authorized to amend its Travel Line Item with Agency Funds and other income as needed to accomplish its Transportation program responsibilities.
In order to aid the Department in the discharge of its powers and duties pursuant to Section 32-2-2 of the Official Code of Georgia Annotated, and in compliance with Section 32-2-41(b) (1), O.C.G.A., the Department is authorized to transfer position counts between budget functions provided that the Department's total position count shall not exceed the maximum number of annual positions assigned by law.
It is the further intent of this General Assembly that of the $495,000,000 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assis tance Road Program.
Section 66. In addition to all other appropriations for the State fiscal year ending June 30, 1992, 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 $9,320,000 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 ($9,200,000 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 67. Each state agency utilizing xerographic reproducing equipment shall main tain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor.
Section 68. 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 vehicles 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 69. 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

FRIDAY, MARCH 15, 1991

2229

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 70. Each agency for which an appropriation is authorized herein shall maintain financial records in such a fashion as to enable the State Auditor to readily determine ex penditures as contemplated in this Appropriations Act.
Section 71. 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 72. No State appropriations authorized under this Act shall be used to continue programs currently funded entirely with Federal funds.
Section 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 Telecommunica tions Network either directly or indirectly.
Section 74. 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 75. (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 1991 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.

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(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 that 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 76. 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 77. 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 78. Provisions Relative to Section 44 State of Georgia General Obligation Debt Sinking Fund. With regard to the appropriation in Section 44 for "State of Georgia General Obligation Debt Sinking Fund (New)," the maximum maturities, user agencies and user authorities, purposes, maximum principal amounts and appropriations of highest annual debt service 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), $70,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, 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 that $700,000 in principal amount of Gen eral 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), $30,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, 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 $300,000 in principal amount of Gen eral 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), $490,000 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 $2,000,000 in principal amount of

FRIDAY, MARCH 15, 1991

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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), $1,102,500 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 $4,500,000 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), $183,750 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 $750,000 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), $7,429,800 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 $74,300,000 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), $977,500 is specifically appropriated for the State Board of Education for the purpose of financing certain public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public library systems, through the issuance of not more than $9,775,000 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 Georgia Public Safety Training Center, by means of the acqui sition, construction, development, extension, enlargement, and improvement of land, prop erty, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in princi pal 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), $5,897,150 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 $24,070,000 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), $882,000 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, neces sary or useful in connection therewith, through the issuance of not more than $3,600,000 in

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principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $416,500 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, neces sary or useful in connection therewith, through the issuance of not more than $1,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturi ties not in excess of sixty months.
Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $252,500 is specifically appropriated for the purpose of financing facilities for the Department of Transportation, 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 $2,525,000 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), $3,400,000 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 $34,000,000 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), $2,400,000 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 $24,000,000 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 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 that $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), $125,000 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 $1,250,000 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), $450,000 is specifically appropriated for the purpose of financing facilities for the Board of Regents of the University System of Georgia, by

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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 $4,500,000 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), $183,750 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 $750,000 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), $64,000 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 $640,000 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), $55,000 is specifically appropriated for the purpose of financing facilities for the Department of Defense, 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 $550,000 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), $50,000 is specifically appropriated for the purpose of financing facilities for the Department of Corrections, 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 $500,000 in principal amount of Gen eral 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), $245,000 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 $1,000,000 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), $900,000 is specifically appropriated for the purpose of financing facilities for the Georgia Bureau of Investigation, 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 $3,670,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months.

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Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $190,000 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 that $1,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months.
Section 79. Delayed Hiring Factor by Department. Dept. of Corrections "A" ..........................................$ 21,061,881
Section 80. TOTAL STATE FUND APPROPRIATIONS
State Fiscal Year 1992 .........................................$ 7,955,482,500
Section 81. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 82. 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 285.

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 STM
~ lay. CDoalwlmkisns jjeaj Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty
Henson ma
Hooks THTuKm s Johnson Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson
Shumake Starr
Steinberg rrat4.e Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Voting in the negative was Senator Kidd.

Those not voting were Senators:

Coleman Langford

Marable Olmstead (excused)

Scott White

On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 285.

Senator Garner of the 30th moved that the Senate stand in recess until 2:00 o'clock P.M., and the motion prevailed.

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At 12:25 o'clock P.M., the President announced that the Senate would stand in recess until 2:00 o'clock P.M.
At 2:00 o'clock P.M., the President called the Senate to order.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 71 was as follows:
A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that the State Board of Education may delegate certain powers to the State School Superintendent; to provide for a duty-free lunch period for teachers; to provide for the exchanging of lunch periods for compensation or benefits; to prevent the lengthening of the school day as a re sult of required duty-free lunch periods; to provide for statutory construction with regard to certain appropriations; 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; to provide for reports; to change the functions subject to certain comprehensive evaluations; to provide for the desig nation of schools which exceed expectations and exempt them from evaluation for certain functions; to provide for certain schools and districts which have had standards reviews; to provide for other matters relative to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, is amended by striking Code Section 20-2-11, relating to supervision of the Department of Education by the State Board of Education, and inserting in its place a new Code section to read as follows:
"20-2-11. The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and may delegate to the State School Superintendent the authority to employ and dismiss such cleri cal employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the Superintendent in the payment of salaries and travel expense of employees and for printing, communication, equipment, repairs, and other expenses inci dental to the operation of the department."
Section 2. Said chapter is further amended by adding after Code Section 20-2-217, re lating to professional and staff development stipends, a new Code section to read as follows:
"20-2-218. (a) Every teacher who is employed for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not

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less than 30 consecutive minutes, and such employee shall not be assigned any responsibili ties during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provi sions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time.
(b) Nothing in this Code section shall be construed to prevent any teacher from ex changing that teacher's lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent's agent, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.
(c) The implementation of this Code section may not result in a lengthened school day.
(d) If necessary where due to extreme economic conditions or an unforeseen and una voidable personnel shortage, a local unit of administration may require a teacher otherwise entitled to a duty-free lunch period to supervise students during such lunch period but for no more than one day in any school week.
(e) Notwithstanding any of the foregoing provisions of this Code section to the con trary, nothing in this Code section shall require the General Assembly to appropriate funds for the implementation of the duty-free lunch program; provided, however, that any such funds appropriated for this purpose shall be used by local school systems for duty-free lunch periods for classroom teachers in grades K through 5."
Section 3. Said chapter is further amended by adding to Code Section 20-2-250, relating to projects to improve effectiveness, a new subsection (d) to read as follows:
"(d) (1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Resources to evaluate all submitted proposals and to submit appro priate recommendations to the state board.
(2) Pilot projects must meet the following criteria:
(A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education;
(B) Develop a plan for such a pilot project using an interdisciplinary committee com posed of students, parents, educators, and representatives from business, the community, the Department of Human Resources, and others as appropriate;
(C) Ensure that the plan for the pilot project becomes a component of the local strate gic plan;
(D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earn ings to carry out those means, and objective and other criteria to be met which will deter mine the success or failure of the new programs;
(E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct in structional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2167 as modified by the new program categories described in the local system's proposal to

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the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than would have been required under the original formula calculations and expenditure requirements; and
(F) No funds may be expended for transitional programs, such as transitional kinder garten or first grade, or for any other program designed for students retained rather than promoted to the next grade.
(3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services.
(4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board.
(5) The pilot projects shall report annually to the Appropriations and Education com mittees of the House of Representatives and the Senate."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, 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 5. Said chapter is further amended by adding between subsections (e) and (f) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, 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. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 25 percent of a demographic group of comparable schools

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will be deemed to be significantly exceeding expectations in a given year and designated 'high-achieving schools.' Schools designated as high-achieving schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a) (1) (B), (a) (1) (C), or (a) (1) (I) of this Code section, as long as the school maintains the designation 'highachieving 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 6. This Act shall become effective July 1, 1991, but Section 3 of this Act shall become effective July 1, 1991, for the 1992-1993 school year.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Newbill of the 56th moved that the Senate disagree to the House substitute to SB 71.

On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 71.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 210 was as follows:
The Committee of Conference on HB 210 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 210 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ Terrell A. Starr Senator, 44th District
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Pete Robinson Senator, 16th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Hugh Boyd Pettit Representative, 19th District
/s/ Roy H. Watson, Jr. Representative, 114th District

Conference Committee substitute to HB 210:

A BILL
To be entitled an Act to amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, so as to change the composition of the authority; to provide that an executive director of the authority may be appointed; to pro vide for the compensation of the executive director; to provide for continuing benefits and membership in the State Merit System of Personnel Administration for employees of the authority; to require the authority to transfer to the general fund of the state treasury any excess funds of the authority; 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

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various departments, agencies, and institutions of the state; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the GeorgiaNet Authority, is amended by striking in its entirety subsection (a) of Code Section 50-25-2, relating to the membership of the GeorgiaNet Authority, and inserting in lieu thereof a new subsection (a) to read as follows:
"(a) The authority shall consist of five members as follows: one member appointed by the Lieutenant Governor, one member appointed by the Speaker of the House of Represent atives; and three members appointed by the Governor who shall be knowledgeable with respect to the data processing operations and needs of political subdivisions of this state."
Section 2. Said Code Section is further amended by striking in its entirety subsection (d), which reads as follows:
"(d) The commissioner of administrative services shall be the executive officer and di rector and administrative head of the authority. The commissioner of administrative ser vices may appoint a person as assistant commissioner and delegate such of his powers and duties to such assistant commissioner as he desires. The executive director shall hire of ficers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director.",
and inserting in lieu thereof a new subsection (d) to read as follows:
"(d) The board may, in its discretion, appoint an executive director as the administra tive head of the authority and shall set his or her salary. Such salary shall not exceed the salary of the commissioner of administrative services. Unless the board appoints an execu tive director, the commissioner of administrative services shall serve as the executive officer and director and administrative head of the authority. If the commissioner of administrative services serves as the executive officer and director and administrative head of the author ity, the commissioner of administrative services may appoint a person as assistant commis sioner and delegate such of his or her powers and duties to such assistant commissioner as he or she desires. The executive director shall hire officers, agents, and employees, prescribe their duties and qualifications, and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. The executive director and other employees of the authority shall be considered state employees in the unclassified service of the State Merit System of Personnel Adminis tration for the purposes of benefits administered by the merit system and for retirement purposes. Any officer or employee of the authority who is already a member of the merit system by virtue of services with another employer shall be entitled to credit for his or her services and shall not suffer any loss of such credit to which he or she is otherwise entitled. There shall be paid from the funds appropriated or otherwise available for the operation of the GeorgiaNet Authority all employer's contributions required under this chapter."
Section 3. Said chapter is further amended by striking in its entirety Code Section 5025-4, relating to the general powers of the GeorgiaNet Authority, and inserting in lieu thereof a new Code Section 50-25-4 to read as follows:
"50-25-4. (a) The authority shall have the following powers:
(1) To have a seal and alter the same at its pleasure;
(2) To make and execute contracts, lease agreements, and all other instruments neces sary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created;
(3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority;

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(4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this chapter and to comply, subject to the provisions of this chapter, with the terms and conditions thereof;
(5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local govern ment or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments are authorized to enter into such contracts;
(6) To fix and collect fees and charges for data, media, and incidental services furnished by it to any private individual or entity;
(7) To deposit or invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds; and to use for its corporate purposes or redeposit or reinvest interest earned on such funds;
(8) To exercise any power granted by the laws of this state to public or private corpora tions which is not in conflict with the public purpose of the authority;
(9) To do all things necessary or convenient to carry out the powers conferred by this chapter.
(b) The authority shall transfer to the general fund of the state treasury any funds of the authority determined by the authority to be in excess of those needed for the corporate purposes of the authority."
Section 4. Said chapter is further amended by striking in its entirety Code Section 5025-6, relating to sales of files of public information by the GeorgiaNet Authority, and in serting in lieu thereof a new Code section to read as follows:
"50-25-6. (a) The authority shall have exclusive authority to sell or execute license agreements on behalf of the executive branch of state government an entire file of public information in any electronic medium or format; provided, however, that nothing contained herein shall preclude any department, agency, board, bureau, commission, or authority from selling individual records maintained in electronic format or otherwise to the public or other governmental agencies or entities or from selling or otherwise disseminating any data which the authority declines to sell; and the authority may likewise be authorized by the judicial and legislative branches to sell on their behalf entire files of public information.
(b) The authority shall be authorized to receive data in electronic format from members of the public for the purpose of transmitting such data electronically to various depart ments, agencies, and institutions of the state.
(c) All of the statutory restrictions on the confidentiality or use of any departmental data and all of the penalties for any violation thereof shall apply to the authority and its employees."
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 Starr of the 44th moved that the Senate adopt the Conference Committee re port on HB 210.

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

FRIDAY, MARCH 15, 1991

2241

Clay Coleman Collins Dawkins
j?eal Echols Edge Egan Foster Gillis Hammill

Harris Hasty Henson Hill
Hooks Huggins Johnson Kidd Marable Newbill Perdue

Perry Phillips Ray Robinson
Scott Steinberg Taylor Timmons Turner Tysinger Walker of 43rd

Those not voting were Senators:

Bishop English Smgford Moye Olmstead (excused)

Pollard Ragan of 10th Ragan of 32nd Ramsey Shumake

Starr Tate Thompson Walker of the 22nd White

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 210.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has agreed to the Senate amendment, as amended by the House, to the following resolution of the House:

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 resolution of the Senate:

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.

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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

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certain number of hours of continuing professional education relating to condi tioned air contracting.

The Conference Committee report on HB 295 was as follows:
The Committee of Conference on HB 295 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 295 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Culver Kidd Senator, 25th District
Is/ Tommy C. Olmstead Senator, 26th District
Is/ Gene Walker Senator, 43rd District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Roger Byrd Representative,153rd District
Is/ Roy H. Watson, Jr. Representative, 114th District
Is/ Thomas M. Kilgore Representative, 42nd District

Conference Committee substitute to HB 295:

A BILL
To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, so as to provide that with re spect to Conditioned Air Contractor Class I and Class II licenses, the Division of Condi tioned Air Contractors shall be authorized to require persons seeking renewal of licenses to complete board approved continuing education relating to conditioned air contracting; to provide for procedures; to require a minimum number of hours of continuing education; to authorize certain continuing education courses; to provide for approval of certain courses and the exclusion of certain other courses; to provide for waivers; to provide for rules and regulations; to provide an exception; to provide for applicability; to require conditioned air contractors to display their company or business registration numbers on certain vehicles; to require conditioned air contractors to include their registration numbers on invoices and proposal forms and certain advertising related to conditioned air work; to provide that said chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was installed by a licensed plumber as long as the work is done in conformity with all other provisions of the chapter, the rules and regulations of the board, and ordinances of the county or municipal ity; to provide that under certain conditions a person who contracts with a licensed condi tioned air contractor as part of a conditioned air contract to install, alter, or repair duct systems, control systems, or insulation is not required to be licensed by the Division of Conditioned Air Contractors; to provide that persons who perform certain work in connec tion with conditioned air systems shall be required to be licensed by the appropriate licens ing authority; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding at the end of Code Section 43-146, relating to the powers of the various divisions under the State Construction Industry Licensing Board, a new subsection (d) to read as follows:
"(d) (1) With respect to Conditioned Air Contractor Class I and Class II licenses, the Division of Conditioned Air Contractors shall be authorized to require persons seeking re newal of licenses to complete board approved continuing education of not more than four

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hours annually. The division shall be authorized to approve courses offered by institutions of higher learning, vocational technical schools, and trade, technical, or professional organi zations; provided, however, that continuing education courses or programs related to condi tioned air contracting provided or conducted by public utilities, equipment manufacturers, or institutions under the State Board of Technical and Adult Education shall constitute acceptable continuing professional education programs for the purposes of this subsection. Continuing education courses or programs shall be in the areas of safety, technological ad vances, business management, or government regulation. Courses or programs conducted by manufacturers specifically to promote their products shall not be approved.
(2) All provisions of this subsection relating to continuing professional education shall be administered by the division.
(3) The division shall be authorized to waive the continuing education requirements in cases of hardship, disability, or illness or under such other circumstances as the board deems appropriate.
(4) The division shall be authorized to promulgate rules and regulations to implement and ensure compliance with the requirements of this Code section.
(5) The continuing education requirements of this subsection shall not be required of any licensed conditioned air contractor who is a registered professional engineer.
(6) This Code section shall apply to each licensing and renewal cycle which begins after the 1990-1991 renewal."
Section 2. Said chapter is further amended by striking in its entirety Code Section 4314-9, relating to display of licenses, and inserting in lieu thereof a new Code Section 43-14-9 to read as follows:
"43-14-9. (a) Every person holding a license issued by a division of the board shall display it in a conspicuous manner at his place of business.
(b) All commercial vehicles used by conditioned air contractors exclusively in the daily operation of their business shall have prominently displayed thereon the company or busi ness registration number issued by the Secretary of State's office. Such registration number shall also be prominently displayed on any advertising in telephone yellow pages and news papers relating to conditioned air work which a licensee purports to have the capacity to perform as a conditioned air contractor. Said registration number shall also be printed on all invoices and proposal forms."
Section 3. Said chapter is further amended by adding at the end of Code Section 43-1416, relating to exceptions to the operation of Chapter 14 of Title 43, two new subsections (j) and (k) to read as follows:
"(j) This chapter shall not prohibit any person from installing, altering, or repairing the plumbing component of a lawn sprinkler system from a backflow preventer which was in stalled by a licensed plumber; provided, however, that all such work must be done in con formity with all other provisions of this chapter, the rules and regulations of the board, and ordinances of the county or municipality.
(k) Any person who contracts with a licensed conditioned air contractor as part of a conditioned air contract to install, alter, or repair for or on behalf of such licensed condi tioned air contractor duct systems, control systems, or insulation is not required to hold a license from the Division of Conditioned Air Contractors. The conditioned air contractor must retain responsibility for completion of the contract, including any subcontracted work. Any person who contracts with a licensed conditioned air contractor to perform for or on behalf of such licensed conditioned air contractor a complete installation, alteration, or re pair of a conditioned air system must hold a valid license from the Division of Conditioned Air Contractors. Any person who contracts to perform for or on behalf of a conditioned air contractor to install, alter, or repair electrical, low-voltage, or plumbing components of a conditioned air system must hold a valid license from the appropriate division of the board."

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Section 4. This Act shall become effective January 1, 1992. Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Kidd of the 25th moved that the Senate adopt the Conference Committee re port on HB 295.

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 Coleman Collins Dawkins Dean Echols Egan Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins
Kidd Langford Marable Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson SS,,.tteamr. rb, erg
Thompson Timmons Turner Tysinger Walker of 43rd

Those not voting were Senators:

Bishop Clay Deal Edge English Foster

Garner Moye Newbill Olmstead (excused) Ramsey

Scott Shumake Tate Walker of 22nd White

On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 295.

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

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.

Senator Dawkins of the 45th moved that the Senate adhere to its disagreement to the House substitute to SB 102, 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 102.

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The President appointed as a Conference Committee on the part of the Senate the following:
Senators Dawkins of the 45th, Robinson of the 16th and Gillis of the 20th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 95 was as follows:
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 Housing and Finance 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 Housing and Finance Authority; to provide for the Georgia Housing and Finance Authority to be a successor entity to the Georgia Residen tial Finance Authority; to provide for the general purposes of the Georgia Housing and Fi nance Authority with respect to financing and financial assistance for housing and enter prises; to provide for the membership, powers, duties, operations, obligations, rights, and liabilities of said authority; to provide for related matters; to make conforming 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 and the economic viability and planned growth of its communities. The General Assembly further finds and declares that the provision of and planning for housing and housing re lated matters are issues that are intrinsically intertwined with the ability to provide for the financing of housing activities. For this reason, the General Assembly designates the Georgia Housing and Finance 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;

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(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 policy to provide decent, safe, and affordable housing to all segments of the population of this state. The State Office of Hous ing 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 hous ing needs and housing accomplishments and outline plans for achieving the state housing goal. The state and its agencies, institutions, authorities, commissions, bureaus, and entities which are political subdivisions of the state, cities and counties, local housing authorities, 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 govern ment, 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 Housing and Finance 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 enterprises which desire to locate or impove or expand in the state, partic ularly those enterprises which desire to locate in the more rural areas of the state.
(b) It is declared to be the public policy of this state to promote the health, welfare, safety, morals, and economic security of its citizens through the retention of existing em ployment and alleviation of unemployment in all phases of enterprise and housing; the elim ination of the shortage of and the preservation of safe, decent, energy efficient, and afforda ble 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 of the state as set forth in this Code section cannot be fully attained without the use of public financing and financial assis tance, either direct or indirect; that such public financing can best be provided by the crea tion of a state housing and finance authority with comprehensive and extensive powers therein, which powers shall include, but not be limited to, the power to issue bonds or reve nue bonds to provide financing for enterprises, for housing, and for housing finance; and that all of the foregoing are public purposes and uses for which public moneys may be bor rowed, expended, advanced, loaned, and granted.

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(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 enterprises and located in or desiring to locate in this state or to provide housing or housing finance in this state on terms competitive with those available to businesses en gaged in 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 enterprises and to businesses and individuals 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, agreeement, 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 Housing and Finance Authority or any subsidiary corporation created by the board of directors of the Georgia Housing and Finance Authority 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 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 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, and any and all other necessary techni cal 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 or financ ing of a project;

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(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) 'Enterprise' means a business engaged in manufacturing, producing, processing, as sembling, repairing, extracting, warehousing, or distributing goods; a business engaged in furnishing or facilitating communications, computer services, research, or transportation; and corporate and management offices and services provided in connection with any of the foregoing, in isolation or in any combination that involves, in each case, either the creation of new or additional employment, the retention of existing employment or payroll, or the increase of average payroll for employees of such enterprise; provided, however, that a shop ping center, retail store or shop, or other similar undertaking which is solely or predomi nantly of a commercial retail nature shall not be an enterprise for the purposes of this chapter.
(6) 'Facilities' means any real property, personal property, or mixed property of any and every kind.
(7) '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.
(8) '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 therein; and the allocation and administration of tax credits pertaining to housing.
(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.

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(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 enterprise other than those used in connection 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 Housing and Finance 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. 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.
(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

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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 Sections 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;
(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

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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 acquire and contract to acquire mortgages or participations, to provide credit enhancement, and to provide or pro cure 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 negotitate modifications 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 con ferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, 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;
(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 any 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

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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 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 institution, department, agency, or authority of the state, and any local government are

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authorized to enter into contracts with the authority for such services, to perform all duties required 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.
(d) No portion of the state ceiling, as defined in Code Section 36-82-182, shall be set aside or reserved, and no separate pool or share shall be created within the state ceiling, for the purpose of reserving for or allocating to the authority a portion of the state ceiling for use by the authority in the financing of, or the provision of financial assistance for, any enterprise. The distribution to the authority by the Department of Community Affairs of any portion of the state ceiling for the purpose of permitting the financing of any enterprise shall be accomplished based upon the merits of each enterprise and shall be accomplished upon the same terms and conditions, without preference or priority of any kind, as shall be applicable to the distribution of any portion of the state ceiling for the benefit of any enter prise proposed to be financed by a local authority.
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) 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, ineluctable 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 obliga tions 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

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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 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 extend 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

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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 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 the 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 bondholder 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.
(1) (1) The authority shall not have outstanding at any one time bonds and notes for its single-family residential housing program in an aggregate amount exceeding $985 million, excluding bonds and notes issued to refund outstanding bonds and notes.
(2) The authority shall not have outstanding at any one time bonds and notes for fi nancing of enterprises, other than housing, exceeding $140 million and shall not issue any such bonds or notes after June 30, 1995; provided, however, that such limitations shall not apply with respect to bonds and notes issued to refund outstanding bonds and notes.
(3) 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 Fulton 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

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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 signature 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 bond, regardless of the denomination of such bond: $1.00 for each bond for the first 100 bonds; 25 for each of the next 400 bonds; and 10 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

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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
(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 collections, 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

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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.
(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 this 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 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.
(e) 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 Housing and Finance Authority for the mortgage credit certificate program.
(f) 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 enterprises throughout the state by means that shall include, without limitation, the

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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 establish ment of debt service reserves and sinking funds; and the use of the proceeds from such bonds, funds, and reserves to make loans to enterprises, either directly to such enterprises or indirectly through a financial institution, a political subdivision, or otherwise; to acquire loans made by others to such enterprises; or to establish revolving funds from which shortterm or long-term loans can be made to such businesses, but only if in all such cases the proceeds of the loans to such enterprises are utilized to construct facilities of or to make capital improvements to facilities of an enterprise; and to do all things deemed by the au thority to be necessary, convenient, and desirable for and incident to the efficient and proper development 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 Housing and Finance 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 Housing and Finance 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 Housing and Finance 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.

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Senator Dawkins of the 45th moved that the Senate agree to the House substitute to SB 95.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Broun Burton Coleman Collins Dawkins Dean Echols Edge English

Gillis Hammill Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Taylor Thompson Timmons Tysinger Walker of 43rd

Voting in the negative was Senator Egan.

Those not voting were Senators:

Bishop Clay Ser Garner Harris

Hasty Henson Newbi11 Olmstead (excused) Scott

Steinberg Tate Turner Walker of 22nd White

On the motion, the yeas were 39, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 95.

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

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.

The House amendment to the Senate substitute to HB 402 was as follows:

Amend the Senate substitute to HB 402 by striking lines 22 through 26 of page 1 and inserting in lieu thereof the following:
"violations;".
By striking Section 4 in its entirety.
By redesignating Sections 5 and 6 as Sections 4 and 5, respectively.

Senator Kidd of the 25th moved that the Senate disagree to the House amendment to the Senate substitute to HB 402.

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On the motion, the yeas were 39, nays were 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 402.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate:
SB 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 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 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.
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 House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution 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.
The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate:
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.

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The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

SB 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 Conference Committee report on SB 311 was as follows:
The Committee of Conference on SB 311 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 311 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Bill English Senator, 21st District
/s/ J. Nathan Deal Senator, 49th District
/s/ John C. Foster Senator, 50th District

FOR THE HOUSE: OF REPRESENTATIVES:
1st Henry L. Reaves Representative, 147th District
/s/ Clinton Oliver Representative, 121st District
/s/ A. Richard Royal Representative, 144th District

Conference Committee 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 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 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 or poultry; producing or storing feed for use in the production of livestock, including, but not limited to, cattle, calves, swine, hogs, goats, sheep, and rabbits, or for use in the production of poul try, including, but not limited to, chickens, hens, and turkeys; producing plants, trees, fowl, or animals; or the production of aquacultural, horticultural, dairy, livestock, poultry, eggs, and apiarian products. Agricultural or farm products are considered grown in this state if such products are grown, produced, or processed in this state, whether or not such products are composed of constituent products grown or produced outside this state."
"(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. 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.

FRIDAY, MARCH 15, 1991

2263

Senator English of the 21st moved that the Senate adopt the Conference Committee report on SB 311.

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 Coleman Collins Dawkins Deal Dean Echols Egan English Foster

Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Thompson Timmons Turner Tysinger Walker of 43rd White

Those not voting were Senators:

Albert Bishop Edge Hasty

Langford Olmstead (excused) Scott Steinberg

Tate Taylor Walker of 22nd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 311.

The following resolution of the House was taken up for the purpose of considering the Conference Committee report thereon:

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.

The Conference Committee report on HR 286 was as follows:
The Committee of Conference on HR 286 recommends that the Senate recede from its position and that HR 286 as it passed the House be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ J. Tom Coleman Senator, 1st District
/s/ Nathan Dean Senator, 31st District
/s/ Waymond C. Huggins Senator, 53rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Tommy Smith Representative, 152nd District
/s/ Terry L. Coleman Representative, 118th District
/s/ Bob Lane Representative, lllth District

2264

JOURNAL OF THE SENATE

Senator Coleman of the 1st moved that the Senate adopt the Conference Committe report on HR 286.

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 Coleman Collins Dawkins Dean Echols Egan English Foster Gillis

Hammill Harris 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 Thompson Timmons Turner Tysinger Walker of 22nd White

Those not voting were Senators:

Albert Bishop Deal Edge

Garner Hasty Olmstead (excused) Steinberg

Tate Taylor Walker of 43rd

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HR 286.

The following resolution of the Senate was read and adopted:

SR 338. By Senators Foster of the 50th, Deal of the 49th, Starr of the 44th and others: A resolution expressing appreciation to Harvey D. Findley.

Senator Starr of the 44th introduced Harvey Findley who briefly addressed the Senate.

The following resolutions of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their adoption:

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.

The Senate Committee on Rules offered the following substitute to SR 203:

A RESOLUTION
Urging the Senate Youth, Aging, and Human Ecology Committee to conduct a study of methods to reduce the rate of teenage pregnancies in Georgia; and for other purposes.
WHEREAS, the State of Georgia has one of the highest rates of pregnancy among teen age girls in the nation; and

FRIDAY, MARCH 15, 1991

2265

WHEREAS, the lives of those teenage girls and those of their children are endangered; and
WHEREAS, of the 28,000 teenage girls in this state who became pregnant in 1989, 579 were under the age of 14 years; 1,144 had miscarriages; and 2,800 of the babies born died in their first year; and
WHEREAS, 46 percent of pregnant teenagers do not receive medical care during the first trimester of pregnancy, and their babies are 40 percent more likely to die if there is no prenatal care; and
WHEREAS, Georgia ranks among the highest in the nation in the number of babies that die in their first year; and
WHEREAS, teenage girls are 60 percent more likely to die during childbirth than other women; and
WHEREAS, 81 percent of teenage pregnancies are unintended.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the Senate Youth, Aging, and Human Ecology Committee is urged to undertake a study of the conditions, needs, issues, and problems relating to teenage pregnancies and recommend any action or legislation which the committee deems necessary or appropriate to effect a reduction in the number of pregnancies among teenage girls in Georgia.

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 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 Bowen Broun
Burton Coleman
pTMTM8 Dean Echols English Foster Garner Gillis Hammill Harris

Hasty 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 Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Clay Dawkins

Edge Egan

Olmstead (excused) Tate

On the adoption of the resolution, the yeas were 49, nays 0.

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JOURNAL OF THE SENATE

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

SR 292. By Senators Ramsey of the 54th, Garner of the 30th and Bowen of the 13th:
A resolution creating the Senate Study Committee on Retirement Benefits for Municipal and County Law Enforcement Officers.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bowen Broun Burton Coleman Collins Deal Dean Echols Edge Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Moye Perdue Perry Phillips Pollard

Ragan of 10th Ramsey Ray Robinson Scott Shumake Starr Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Clay Dawkins Garner

Johnson Marable Newbill Olmstead (excused)

Ragan of 32nd Steinberg Tate

On the adoption of the resolution, the yeas were 45, nays 0.

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

SR 294. By Senators Tate of the 38th, Coleman of the 1st and Bishop of the 15th:
A resolution creating the Older and Handicapped Georgians' Transportation Task Force.

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 Dawkins Dean

Echols Edge Egan English Foster

FRIDAY, MARCH 15, 1991

2267

Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Moye

Newbill Perdue Perry Phillips Pollard 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 Clay Deal

Langford Marable

Olmstead (excused) Ragan of 10th

On the adoption of the resolution, the yeas were 49, nays 0.

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

HR 347. By Representatives Thomas of the 69th, Chambless of the 133rd, Lee of the 72nd and others:
A resolution creating the Joint Study Committee on Fines and Forfeitures and an advisory council thereto.
Senate Sponsor: Seantor Dean of the 31st.

Senator Dean of the 31st offered the following amendment:

Amend HR 347 by adding immediately before the period on line 26 of page 2 the following:
"but shall receive the same for not more than ten days unless additional days are authorized".
By striking all matter on lines 27 through 30 of page 2 and inserting in lieu thereof the following:
"BE IT FURTHER RESOLVED that there shall be an advisory counsel to assist the committee. The advisory council".
By striking the word "from" on line 1 of page 3 and inserting in lieu thereof the following:
"appointed by".

On the adoption of the amendment, the yeas were 48, 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

2268

JOURNAL OF THE SENATE

Bowen Broun Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye 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 Garner

Langford Newbill Olmstead (excused)

Shumake Steinberg

On the adoption of the resolution, the yeas were 48, nays 0.

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

HR 441. By Representatives Thomas of the 69th, Simpson of the 70th and Kilgore of the 42nd: A resolution creating the Joint Capital Outlay Study Committee.
Senate Sponsor: Senator Dean of the 31st.

Senator Dean of the 31st offered the following amendment:

Amend HR 441 by striking on line 13, page 3, the following:
"Any out-of-state travel by House members of the committee shall be approved in ad vance of such travel by the Speaker of the House of Representatives. Out-of-state travel by the Senate members of the committee shall be approved in advance of such travel by the President of the Senate."
On line 23, page 3, strike "15" and insert "10" in lieu thereof.

On the adoption of the amendment, the yeas were 48, 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 Bowen Broun

Burton Clay Coleman Collins Dawkins

Deal Dean Echols Edge English

FRIDAY, MARCH 15, 1991

2269

Foster Garner Gillis Harris Hasty Henson Hill Hooks Johnson Kidd Langford

Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson

Scott Shumake Starr Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Egan Hammill

Huggins Ohnstead (excused) Ramsey

Steinberg Timmons

On the adoption of the resolution, the yeas were 48, nays 0.

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

The following bills of the House were taken up for the purpose of considering the Con ference Committee reports thereon:

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.

The Conference Committee report on HB 120 was as follows:
The Committee of Conference on HB 120 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 120 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ C. Donald Johnson, Jr. Senator, 47th District
/s/ Nathan Deal Senator, 49th District
/s/ Wayne Garner Senator, 30th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ 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 120:

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.

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JOURNAL OF THE SENATE

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 Section 11 of said act, as amended, and by substi tuting in lieu thereof a new Section 11 to read as follows:

"Section 11. Department of Adminstrative Services.

A. Budget Unit: Department of

Administrative Services............................. $38,680,193

Administration and Services Budget:

Personal Services .................................... $49,568,929

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

Pier 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 ...................... $151,721,055

State Funds Budgeted ............... $38,680,193

Department of Administrative Services Functional Budgets

Total Funds

State Funds

State Properties Commission

$

412,552 $

412,552

Departmental Administration

$ 4,884,826 $ 4,853,625

Treasury and Fiscal Administration

$ 12,847,466 $ 10,847,466

Central Supply Administration

$ 14,455,832 $

0

Procurement Administration

$ 2,962,205 $ 2,962,205

General Services Administration

$

912,683 $

0

FRIDAY, MARCH 15, 1991

2271

Space Management Administration
Data Processing Services Motor Vehicle Services Communication Services Printing Services Surplus Property Services Mail and Courier Services Risk Management Services Total

548,193 49,357,384 4,099,033 49,496,178 6,938,867
1,716,067 1,012,865 2,076,904 151,721,055

548,193 13,206,152
0 5,850,000
0 0 0 0 38,680,193

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, Pees 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

Total Funds

State Funds

Grounds

$ 2,018,096 $

0

Custodial

$ 5,249,281 $

0

Maintenance

$ 4,935,623 $

0

Security

$ 5,402,724 $

0

Van Pool

$

363,301 $

0

Sales

$ 5,408,063 $

0

Administration

$ 13,640,758 $

0

Railroad Excursions

$ 1,122,466 $

0

Facility Renovations Total

$

0$

0

$ 38,140,312 $

0"

Section 2. Said Act is further amended by striking Section 17 in its entirety and by substituting in lieu thereof a new Section 17 to read as follows:

"Section 17. Department of Defense. Budget Unit: Department of Defense ........................... ... $9,197,999
Operations Budget:

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JOURNAL OF THE SENATE

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 ........................................ $16,000,000 Total Funds Budgeted ........................................... $30,426,008 State Funds Budgeted ............................................ $9,197,999

Department of Defense Functional Budgets

Total Funds

State Funds

Office of the Adjutant General

$ 1,353,518 $ 1,269,207

Georgia Emergency Management Agency

$ 19,339,945 $ 5,025,883

Georgia Air National Guard

$ 3,482,103 $

559,533

Georgia Army National Guard

$ 6,250,442 $ 2,343,376

Total

$ 30,426,008 $ 9,197,999"

Section 3. Said Act is further amended by striking Section 28 in its entirety and by substituting in lieu thereof a new Section 28 to read as follows:

"Section 28. Deparment of Medical Assistance. A. Budget Unit: Medicaid Services .................................. $651,227,932
Departmental Operations Budget: Personal Services................................................ $12,868,586 Regular Operating Expenses......................................... $524,904 Travel ............................................................ $122,670 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $45,678 Computer Charges .............................................. $14,951,850 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $389,377 Per Diem, Fees and Contracts .................................... $42,137,563 Medicaid Benefits, Penalties and Disallowances ........................................... $1,746,325,272 Payments to Counties for Mental Health ................................................ $33,630,480 Audit Contracts .................................................... $772,500 SFY 1990 Benefits .............................................. $14,711,896 Total Funds Budgeted ......................................... $1,867,416,749 State Funds Budgeted .......................................... $651,227,932

Medical Assistance Functional Budgets

Total Funds

State Funds

Commissioner's Office

$ 7,382,605 $ 3,259,934

FRIDAY, MARCH 15, 1991

2273

Program Management Systems Management Administration
Program Integrity Institutional Policy
and Reimbursement
Benefits, Penalties and Disallowances
Total

$ 37,396,700 $ 17,242,891 $ 2,809,826 $ 4,554,687
$ 3,362,392
$ 1,794,667,648 $ 1,867,416,749

$ 1,900,123

$ 4,774,290

$

449,218

$ 1,754,419

$ 1,629,659

$ 637,460,289 $ 651,227,932

B. Budget Unit: Indigent Trust Fund ................................. $35,512,616 Indigent Trust Fund Budget: Per Diem, Fees and Contracts ....................................... $721,239 Benefits ........................................................ $91,351,916 Total Funds Budgeted ........................................... $92,073,155 State Funds Budgeted .......................................... $35,512,616"
Section 4. Said Act is further amended by striking Section 44 in its entirety and by substituting in lieu thereof a new Section 44 to read as follows:

"Section 44. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (Issued) ....................................... $297,142,020
State of Georgia General Obligation Debt Sinking Fund (New) ......................................... $31,039,525"
Section 5. Said Act is further amended by striking Section 76 in its entirety and by substituting in lieu thereof a new Section 76 to read as follows:
"Section 76. Georgia State Financing and Investment Commission ............................................... $700,000"
Section 6. Said Act is further amended by striking Section 77 in its entirety and by substituting in lieu thereof a new Section 77 to read as follows:

"Section 77. TOTAL STATE FUND APPROPRIATIONS THROUGH SECTION 76
State Fiscal Year 1991 .......................................... $7,595,067,946 (including $35,512,616 in Indigent Trust Fund)."
Section 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
Section 8. 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 120.

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

Those voting in the affirmative were Senators:

Albert Baldwin Bowen

Broun Burton Coleman

Dawkins Deal Dean

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JOURNAL OF THE SENATE

Edge Egan English Foster GGialrlinser
Harris Hasty Henson Hooks Huggins

Johnson Kidd Marable Moye PPeerrdryue
Phillips Pollard Ragan of 10th Ramsey Ray

Scott Shumake Starr Tate Tiaavyllorr
ri urner lysmger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Collins.

Those not voting were Senators:

Alien
Bishop Clay Echols Hammill

Hill
L7anlfrd Newbill Olmstead (excused) Ragan of 32nd

Robinson Steinberg
Thompson Timmons

On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate adopted the Conference Committee report on HB 120.

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.

The Conference Committee report on HB 283 was as follows:
The Committee of Conference on HB 283 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 283 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Terrell A. Starr Senator, 44th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Loyce W. Turner Senator, 8th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ William J. Dover Representative, llth District
fa/ John Godbee Representative, 110th District
/s/ A. Richard Royal Representative, 144th District

Conference Committee substitute to HB 283:

A BILL
To be entitled an Act to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, so as to provide for current use

FRIDAY, MARCH 15, 1991

2275

valuation and taxation of bona fide conservation use property and bona fide residential transitional property; to provide for the ad valorem taxation of timber; to provide for quali fications and conditions; to provide for appraisal, valuation, and assessment; to provide for temporary county digest supplementation; to provide for penalties; to provide for reporting of harvested timber prior to the implementation of such method of taxation; to state legisla tive intent; to define terms; to provide for powers, duties, and authority of local tax officials, the state revenue commissioner, and the Department of Revenue with respect to the forego ing; to provide for related matters; to provide for additional information required to be published prior to the establishment of millage rates; to provide for enforcement; to provide for procedures with respect to the determination of millage rates; to revise and change cer tain provisions regarding the establishment of the equalized adjusted school property tax digest; to amend Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, so as to provide for the certifi cation of conservation use property; to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, so as to revise and change such provi sions with respect to the foregoing; to provide for other matters relative to the foregoing; 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 striking Code Section 48-5-1, relating to legislative intent of ad valorem tax laws, and inserting in its place a new Code section to read as follows:
"48-5-1. The intent and purpose of the tax laws of this state are to have all property and subjects of taxation returned at the value which would be realized from the cash sale, but not the forced sale, of the property and subjects as such property and subjects are usually sold except as otherwise provided in this chapter."
Section 2. Said chapter is further amended by striking Code Section 48-5-2, relating to definitions of terms used in the ad valorem tax laws, and inserting in its place a new Code Section 48-5-2 to read as follows:
"48-5-2. As used in this chapter, the term:
(1) 'Current use value' of bona fide conservation use property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the prop erty in its existing use and in an arm's length, bona fide sale and shall be determined in accordance with the specifications and criteria provided for in subsection (b) of Code Sec tion 48-5-269.
(2) 'Current use value' of bona fide residential transitional property means the amount a knowledgeable buyer would pay for the property with the intention of continuing the property in its existing use and in an arm's length, bona fide sale. The tax assessor shall consider the following criteria, as applicable, in determining the current use value of bona fide residential transitional property:
(A) The current use of such property;
(B) Annual productivity; and
(C) Sales data of comparable real property with and for the same existing use.
(3) 'Fair market value of property' means the amount a knowledgeable buyer would pay for the property and a willing seller would accept for the property at an arm's length, bona fide sale. With respect to the valuation of equipment, machinery, and fixtures when no ready market exists for the sale of the equipment, machinery, and fixtures, fair market value may be determined by resorting to any reasonable, relevant, and useful information availa ble including, but not limited to, the original cost of the property, any depreciation or obso lescence, and any increase in value by reason of inflation. Each tax assessor shall have access to any public records of the taxpayer for the purpose of discovering such information.

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(A) In determining the fair market value of a going business where its continued opera tion is reasonably anticipated, the tax assessor may value the equipment, machinery, and fixtures which are the property of the business as a whole where appropriate to reflect the accurate fair market value.
(B) The tax assessor shall consider the following criteria in determining the fair maket value of real property:
(i) Existing zoning of property;
(ii) Existing use of property;
(iii) Existing covenants or restrictions in deed dedicating the property to a particular use; and
(iv) Any other factors deemed pertinent in arriving at fair market value.
(C) Fair market value of 'historic property' as such term is defined in subsection (a) of Code Section 48-5-7.2 means:
(i) For the first eight years in which the property is classified as 'rehabilitated historic property,' the value equal to the greater of the acquisition cost of the property or the ap praised fair market value of the property as recorded in the county tax digest at the time preliminary certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.2;
(ii) For the ninth year in which the property is classified as 'rehabilitated historic prop erty,' the value of the property as determined by division (i) of this subparagraph plus onehalf of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as deter mined by the provisions of this paragraph, excluding the provisions of this subparagraph.
(D) Fair market value of 'landmark historic property' as such term is defined in subsec tion (a) of Code Section 48-5-7.3 means:
(i) For the first eight years in which the property is classified as 'landmark historic property,' the value equal to the greater of the acquisition cost of the property or the ap praised fair market value of the property as recorded in the county tax digest at the time certification on such property was received by the county board of tax assessors pursuant to subsection (c) of Code Section 48-5-7.3;
(ii) For the ninth year in which the property is classified as 'landmark historic prop erty,' the value of the property as determined by division (i) of this subparagraph plus onehalf of the difference between such value and the current fair market value exclusive of the provisions of this subparagraph; and
(iii) For the tenth and following years, the fair market value of such property as deter mined by the provisions of this paragraph, excluding the provisions of this subparagraph.
(E) Timber shall be valued at its fair market value at the time of its harvest or sale in the manner specified in Code Section 48-5-7.5.
(4) 'Foreign merchandise in transit' means personal property of any description which has been or will be moved by waterborne commerce through any port located in this state and:
(A) Which has entered the export stream, although temporarily stored or warehoused in the county where the port of export is located; or
(B) Which was shipped from a point of origin located outside the customs territory of the United States and on which United States customs duties are paid at or through any customs district or port located in this state, although stored or warehoused in the county where the port of entry is located while in transit to a final destination."
Section 3. Said chapter is further amended by striking Code Section 48-5-6, relating to

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the return of property at fair market value, and inserting in its place a new Code Section 485-6 to read as follows:
"48-5-6. All property shall be returned for taxation at its fair market value except as otherwise provided in this chapter."
Section 4. Said chapter is further amended by adding immediately following subsection (c.l) of Code Section 48-5-7, relating to assessment of tangible property, new subsections (c.2) and (c.3) to read as follows:
"(c.2) Tangible real property which is devoted to bona fide conservation uses as defined in this chapter and which otherwise conforms to the conditions and limitations imposed in this chapter shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value.
(c.3) Tangible real property located in a transitional developing area which is devoted to bona fide residential uses and which otherwise conforms to the conditions and limitations imposed in this chapter for bona fide residential transitional property shall be assessed for property tax purposes at 40 percent of its current use value and shall be taxed on a levy made by each respective tax jurisdiction according to 40 percent of the property's current use value."
Section 5. Said chapter is further amended by adding at the end of Code Section 48-57.1, relating to the preferential assessment of certain agricultural property, a new subsection (s) to read as follows:
"(s) Property which is subject to preferential assessment and which is subject to a cove nant under this Code section may be changed from such covenant and placed in a covenant for bona fide conservation use under Code Section 48-5-7.4 if such property meets all of the requirements and conditions specified in Code Section 48-5-7.4. Any such change shall ter minate the covenant under this Code section, shall not constitute a breach of the covenant under this Code section, and shall require the establishment of a new covenant period under Code Section 48-5-7.4. No property may be changed under this subsection more than once."
Section 6. Said chapter is further amended by adding immediately following Code Sec tion 48-5-7.3 two new Code Sections 48-5-7.4 and 48-5-7.5 to read as follows:
"48-5-7.4. (a) For purposes of this article, the term 'bona fide conservation use property' means property described in and meeting the requirements of paragraph (1) or (2) of this subsection, as follows:
(1) Not more than 2,000 acres of tangible real property of a single owner, the primary purpose of which is any good faith production, including, but not limited to, subsistence farming or commercial production from or on the land of agricultural products or timber, subject to the following qualifications:
(A) Such property includes the value of tangible property permanently affixed to the real property which is directly connected to such owner's production of agricultural prod ucts or timber and which is devoted to the storage and processing of such agricultural prod ucts or timber from or on such real property;
(B) Such property excludes the entire value of any residence located on the property;
(C) Such property must be owned by:
(i) One or more natural or naturalized citizens;
(ii) An estate of which the devisees or heirs are one or more natural or naturalized citizens;
(iii) A trust of which the beneficiaries are one or more natural or naturalized citizens;
(iv) A family owned farm corporation, the controlling interest of which is owned by one or more natural or naturalized citizens related to each other within the fourth degree of civil

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reckoning, an estate of which the devisees or heirs are one or more natural or naturalized citizens, or a trust of which the beneficiaries are one or more natural or naturalized citizens and which family farm corporation derived 80 percent or more of its gross income from bona fide conservation uses within this state within the year immediately preceding the year in which eligibility is sought; or
(v) A bona fide nonprofit conservation organization designated under Section 501 (c) (3) of the Internal Revenue Code;
(D) Factors which may be considered in determining if such property is qualified may include, but not be limited to:
(i) The nature of the terrain;
(ii) The density of the marketable product on the land;
(iii) The past usage of the land;
(iv) The economic merchantability of the argicultural product; and
(v) The utilization or nonutilization of recognized care, cultivation, harvesting, and like practices applicable to the product involved and any implemented plans thereof; and
(E) Such property shall, if otherwise qualified, include, but not be limited to, property used for:
(i) Raising, harvesting, or storing crops;
(ii) Feeding, breeding, or managing livestock or poultry;
(iii) Producing plants, trees, fowl, or animals; or
(iv) Production of aquaculture, horticulture, floriculture, forestry, dairy, livestock, poul try, and apiarian products; or
(2) Not more than 2,000 acres of tangible real property, excluding the value of any improvements thereon, of a single owner of the types of environmentally sensitive property specified in this paragraph and certified as such by the Department of Natural Resources, if the primary use of such property is its maintenance in its natural condition and if such owner meets the qualifications of subparagraph (C) of paragraph (1) of this subsection:
(A) Environmentally sensitive areas, including any otherwise qualified land area 1,000 feet or more above the lowest elevation of the county in which such area is located that has a percentage slope, which is the difference in elevation between two points 500 feet apart on the earth divided by the horizontal distance between those two points, of 25 percent or greater and shall include the crests, summits, and ridge tops which lie at elevations higher than any such area;
(B) Wetland areas that are determined by the United States Army Corps of Engineers to be wetlands under their jurisdiction pursuant to Section 404 of the federal Clean Water Act, as amended, or wetland areas that are depicted or delineated on maps compiled by the Department of Natural Resources or the United States Fish and Wildlife Service pursuant to its National Wetlands Inventory Program;
(C) Significant ground-water recharge areas as identified on maps or data compiled by the Department of Natural Resources;
(D) Undeveloped barrier islands or portions thereof as provided for in the federal Coastal Barrier Resources Act, as amended;
(E) Habitats as certified by the Department of Natural Resources as containing species that have been listed as either endangered or threatened under the federal Endangered Spe cies Act of 1973, as amended; and
(F) River corridors which shall be defined as those undeveloped lands adjacent to rivers and perennial streams that are within the 100 year flood plain as depicted on official maps prepared by the Federal Emergency Management Agency.

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(b) The following additional rules shall apply to the qualification of conservation use property for current use assessment:
(1) When one-half or more of the area of a single tract of real property is used for a qualifying purpose, then such tract shall be considered as used for such qualifying purpose unless some other type of business is being operated on the unused portion; provided, how ever, that such unused portion must be minimally managed so that it does not contribute significantly to erosion or other environmental or conservation problems. The lease of hunt ing rights shall not constitute another type of business;
(2) The owner of a tract, lot, or parcel of land totaling less than ten acres may be required by the tax assessor to submit additional relevant records regarding proof of bona fide conservation use;
(3) No property shall qualify as bona fide conservation use property if such current use assessment would result in any person who has a beneficial interest in such property, includ ing any interest in the nature of stock ownership, receiving in any tax year any benefit of current use assessment as to more than 2,000 acres. If any taxpayer has any beneficial inter est in more than 2,000 acres of tangible real property which is devoted to bona fide conser vation uses, such taxpayer shall apply for current use assessment only as to 2,000 acres of such land; and
(4) No property shall qualify as bona fide conservation use property if it is leased to a person or entity which would not be entitled to conservation use assessment.
(c) For purposes of this article, the term 'bona fide residential transitional property' means not more than five acres of tangible real property of a single owner which is private single-family residential owner occupied property located in a transitional developing area. Such classification shall apply to all otherwise qualified real property which is located in an area which is undergoing a change in use from single-family residential use to agricultural, commercial, industrial, office-institutional, multifamily, or utility use or a combination of such uses. Change in use may be evidenced by recent zoning changes, purchase by a devel oper, affidavits of intent, or close proximity to property which has undergone a change from single-family residential use. To qualify as residential transitional property, the valuation must reflect a change in value attributable to such property's proximity to or location in a transitional area.
(d) No property shall qualify for current use assessment under this Code section unless and until the owner of such property agrees by covenant with the appropriate taxing author ity to maintain the eligible property in bona fide qualifying use for a period of ten years beginning on the first day of January of the year in which such property qualifies for such current use assessment and ending on the last day of December of the final year of the covenant period. After the owner has applied for and has been allowed current use assess ment provided for in this Code section, it shall not be necessary to make application there after for any year in which the covenant period is in effect and current use assessment shall continue to be allowed such owner as specified in this Code section. Upon the expiration of any covenant period, the property shall not qualify for further current use assessment under this Code section unless and until the owner of the property has entered into a renewal covenant for an additional period of ten years.
(e) A single owner shall be authorized to enter into more than one covenant under this Code section for bona fide conservation use property, provided that the aggregate number of acres of qualified property of such owner to be entered into such covenants does not exceed 2,000 acres. Any such qualified property may include a tract or tracts of land which are located in more than one county. A single owner shall be authorized to enter qualified prop erty in a covenant for bona fide conservation use purposes and to enter simultaneously the residence located on such property in a covenant for bona fide residential transitional use if the qualifications for each such covenant are met. A single owner shall be authorized to enter qualified property in a covenant for bona fide conservation use purposes and to enter

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other qualified property of such owner in a covenant for bona fide residential transitional use.
(f) An owner shall not be authorized to make application for and receive current use assessment under this Code section for any property which at the time of such application is receiving preferential assessment under Code Section 48-5-7.1 except that such owner shall be authorized to change such preferential assessment covenant in the manner provided for in subsection (s) of Code Section 48-5-7.1.
(g) Except as otherwise provided in this subsection, no property shall maintain its eligi bility for current use assessment under this Code section unless a valid covenant remains in effect and unless the property is continuously devoted to an applicable bona fide qualifying use during the entire period of the covenant. An owner shall be authorized to change the type of bona fide qualifying conservation use of the property to another bona fide qualifying conservation use and the penalty imposed by subsection (1) of this Code section shall not apply, but such owner shall give notice of any such change in use to the board of tax assessors.
(h) If any breach of a covenant occurs, the existing covenant shall be terminated and all qualification requirements must be met again before the property shall be eligible for cur rent use assessment under this Code section.
(1) If ownership of all or a part of the property is acquired during a covenant period by a person or entity qualified to enter into an original covenant, then the original covenant may be continued by such acquiring party for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred.
(j) (1) All applications for current use assessment under this Code section, including the covenant agreement required under this Code section, shall be filed on or before the last day for filing ad valorem tax returns in the county for the tax year for which such current use assessment is sought, except that in the case of property which is the subject of a reassess ment by the board of tax assessors an application for current use assessment may be filed in conjunction with or in lieu of an appeal of the reassessment. An application for continuation of such current use assessment upon a change in ownership of all or a part of the qualified property shall be filed on or before the last date for filing tax returns in the year following the year in which the change in ownership occurred. Applications for current use assessment under this Code section shall be filed with the county board of tax assessors who shall ap prove or deny the application. If the application is denied, the board of tax assessors shall notify the applicant in the same manner that notices of assessment are given pursuant to Code Section 48-5-306. Appeals from the denial of an application by the board of tax asses sors shall be made in the same manner that other property tax appeals are made pursuant to Code Section 48-5-311.
(2) In the event such application is approved, the taxpayer shall continue to receive annual notification of any change in the fair market value of such property and any appeals with respect to such valuation shall be made in the same manner as other property tax appeals are made pursuant to Code Section 48-5-311.
(k) The commissioner shall by regulation provide uniform application and covenant forms to be used in making application for current use assessment under this Code section. Such application shall include an oath or affirmation by the taxpayer that he is in compli ance with the provisions of paragraphs (3) and (4) of subsection (b) of this Code section.
(1) A penalty shall be imposed under this subsection if during the period of the cove nant entered into by a taxpaper the covenant is breached. The penalty shall be applicable to the entire tract which is the subject of the covenant and shall be twice the difference be tween the total amount of tax paid pursuant to current use assessment under this Code section and the total amount of taxes which would otherwise have been due under this chapter for each completed or partially completed year of the covenant period. Any such penalty shall bear interest at the rate specified in Code Section 48-2-40 from the date the covenant is breached.

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(m) Penalties and interest imposed under this Code section shall constitute a lien against the property and shall be collected in the same manner as unpaid ad valorem taxes are collected. Such penalties and interest shall be distributed pro rata to each taxing juris diction wherein current use assessment under this Code section has been granted based upon the total amount by which such current use assesssment has reduced taxes for each such taxing jurisdiction on the property in question as provided in this Code section.
(n) The penalty imposed by subsection (1) of this Code section shall not apply in any case where a covenant is breached solely as a result of:
(1) The acquisition of part or all of the property under the power of eminent domain;
(2) The sale of part or all of the property to a public or private entity which would have had the authority to acquire the property under the power of eminent domain; or
(3) The death of an owner who was a party to the covenant.
(o) The transfer of a part of the property subject to a covenant for a bona fide conserva tion use shall not constitute a breach of a covenant if:
(1) The part of the property so transferred is used for single-family residential pur poses, starting within one year of the date of transfer and continuing for the remainder of the covenant period, and the residence is occupied by a person who is related within the fourth degree of civil reckoning to an owner of the property subject to the covenant; and
(2) The part of the property so transferred, taken together with any other part of the property so transferred to the same relative during the covenant period, does not exceed a total of five acres;
and in any such case the property so transferred shall not be eligible for a covenant for bona fide conservation use, but shall, if otherwise qualified, be eligible for current use assessment as residential transitional property and the remainder of the property from which such transfer was made shall continue under the existing covenant until a terminating breach occurs or until the end of the specified covenant period.
(p) The following shall not constitute a breach of a covenant:
(1) Mineral exploration of the property subject to the covenant or the leasing of the property subject to the covenant for purposes of mineral exploration if the primary use of the property continues to be the good faith production from or on the land of agricultural products; or
(2) Allowing all or part of the property subject to the covenant to lie fallow or idle for purposes of any land conservation program, for purposes of any federal agricultural assis tance program, or for other agricultural management purposes.
(q) In the following cases, the penalty specified by subsection (1) of this Code section shall not apply and the penalty imposed shall be the amount by which current use assess ment has reduced taxes otherwise due for the year in which the covenant is breached, such penalty to bear interest at the rate specified in Code Section 48-2-40 from the date of the breach:
(1) Any case in which a covenant is breached solely as a result of the foreclosure of a deed to secure debt or the property is conveyed to the lienholder without compensation and in lieu of foreclosure, if: (A) the deed to secure debt was executed as a part of a bona fide commercial loan transaction in which the grantor of the deed to secure debt received consid eration equal in value to the principal amount of the debt secured by the deed to secure debt; (B) the loan was made by a person or financial institution who or which is regularly engaged in the business of making loans; and (C) the deed to secure debt was intended by the parties as security for the loan and was not intended for the purpose of carrying out a transfer which would otherwise be subject to the penalty specified by subsection (1) of this Code section; or
(2) Any case in which a covenant is breached solely as a result of a medically demon-

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strable illness or disability which renders the owner of the real property physically unable to continue the property in the qualifying use, provided that the board of tax assessors shall require satisfactory evidence which clearly demonstrates that the breach is the result of a medically demonstrable illness or disability.
(r) Property which is subject to current use assessment under this Code section shall be separately classified from all other property on the tax digest; and such separate classifica tion shall be such as will enable any person examining the tax digest to ascertain readily that the property is subject to current use assessment under this Code section. Covenants shall be public records and shall be indexed and maintained in such manner as will allow members of the public to locate readily the covenant affecting any particular property sub ject to current use assessment under this Code section. Based on information submitted by the county boards of tax assessors, the commissioner shall maintain a central registry of conservation use property, indexed by owners, so as to ensure that the 2,000 acre limitations of this Code section are complied with on a state-wide basis.
(s) The commissioner shall annually submit a report to the Governor and the House Ways and Means, Natural Resources, and Agriculture and Consumer Affairs committees and the Senate Finance and Public Utilities, Natural Resources, and Agriculture committees and shall make such report available to other members of the General Assembly, which report shall show the fiscal impact of the assessments provided for in this Code section. The report shall include the amount of asessed value eliminated from each county's digest as a result of such assessments; approximate tax dollar losses, by county, to all local governments affected by such assessments; and any recommendations regarding state and local adminis tration of this Code section, with emphasis upon enforcement problems, if any, attendant with this Code section. The report shall also include any other data or facts which the com missioner deems relevant.
48-5-7.5. (a) Standing timber shall be assessed for ad valorem taxation only once and such assessment shall be made following its harvest or sale as provided for in this Code section. Such timber shall be subject to ad valorem taxation notwithstanding the fact that the underlying land is exempt from taxation, unless such taxation is prohibited by federal law or treaty. Such timber shall be assessed at 100 percent of its fair market value and shall be taxed on a levy made by each respective taxing jurisdiction according to such 100 percent fair market value. Such assessment shall be made in the county where the timber was grown and shall be taxable by that county and any other taxing jurisdiction therein in which the timber was grown.
(b) For purposes of this Code section, the term 'sale' of timber shall mean the arm's length, bona fide sale of standing timber for harvest separate and apart from the underlying land and shall not include the simultaneous sale of a tract of land and the timber thereon.
(c) Lump sum sales.
(1) Where standing timber is sold, in an arm's length, bona fide sale, by timber deed, contract, lease, agreement, or otherwise to be harvested within a three-year period after the date of the sale and for a lump sum price, so much of said timber as will be harvested within three years shall be assessed for taxation as of the date of the sale. The fair market value of such timber for purposes of ad valorem taxation shall be the lump sum price paid by the purchaser in the arm's length, bona fide sale. Any timber described in any sale instrument which is not harvested within three years after the date of the sale shall later be assessed for taxation following its future harvest or sale. Ad valorem taxes shall be payable by the seller and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the sale. Immediately upon receipt by the seller of the purchase price, the seller shall remit to the purchaser the amount of ad valorem tax due on the sale, in the form of a negotiable instrument payable to the tax collector or tax com missioner. Such negotiable instrument shall be remitted by the purchaser to the tax collec tor or tax commissioner not later than five days after receipt of the tax from the seller. A purchaser failing to make such remittance shall be personally liable for the tax. With said remittance, the purchaser shall present to the board of tax assessors and to the tax collector

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or tax commissioner a report of the sale showing the lump sum sales price of the standing timber, the date of sale, the addresses of the seller and purchaser, and the location of the standing timber in the county. The tax collector or tax commissioner shall collect from the purchaser the seller's negotiable instrument in payment of the tax; and a receipt showing payment of the tax shall promptly be delivered by the tax collector or tax commissioner to the seller.
(2) Upon request of the purchaser, the tax collector or tax commissioner shall enter upon or attach to the instrument conveying the standing timber a certification that the ad valorem tax has been paid, the date, and the amount of the tax. The certificate shall be signed by the tax collector or tax commissioner or his deputy. The purchaser may then present the instrument together with the certificate to the clerk of superior court of the county or counties in which the standing timber is located, who shall then file the instru ment for record. The ad valorem tax levied under this subsection on lump sum sales of standing timber shall be paid to the tax collector or tax commissioner prior to and as a prerequisite to the filing for record of the instrument with the clerk of superior court, and the clerk shall not be permitted to file the instrument for record unless the instrument discloses on its face the proper certificate showing that the tax has been paid; and the certif icate shall be recorded with the instrument.
(d) Unit price sales.
(1) Any person purchasing standing timber, in an arm's length, bona fide sale, by tim ber deed, contract, lease, agreement, or otherwise by unit prices shall furnish a report to the seller and the county board of tax assessors within 45 days after the end of each calendar quarter. The report shall show the total dollar value of standing timber paid to the seller and the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested. Such report shall include such data through the last business day of the calendar quarter, the names and addresses of the seller and the purchaser, and the location of the harvested timber. A copy of such report shall also be furnished by the seller to the tax assessors within 60 days after the end of the calendar quarter. The fair market value of such timber for purposes of ad valorem taxation shall be the total dollar values paid by the purchaser in the arm's length, bona fide sale. Ad valorem taxes shall be payable by the seller in the unit price sales trans action as provided in subsection (h) of this Code section and shall be calculated by multi plying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(2) Reports to the tax assessors shall be confidential, shall not be revealed to any person other than authorized tax officials, and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50.
(e) Owner harvests. Owners of real property in this state who harvest standing timber from their own lands shall report the volume, in pounds, if available, or measured volume, of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood harvested through the last business day of each calendar quarter from said lands to the tax assessors within 45 days after the end of each calendar quarter. Such reports shall also identify the location of the tract from which the standing timber was harvested. The fair market value of such timber for purposes of ad valorem taxation shall be as determined under subsection (g) of this Code section. Ad valorem taxes shall be paid by the landowner as provided in subsection (h) of this Code section and shall be calculated by multiplying the 100 percent fair market value of the timber times the millage rate applicable at the time of the harvest.
(f) Other sales and harvests. Every sale and every harvest of timber not previously taxed (excepting only a sale not for harvest within three years) shall be a taxable event. If any such sale or harvest is not a reportable taxable event described under subsection (c), (d), or (e) of this Code section, such timber shall be subject to ad valorem taxation under this subsection; and such sale or harvest shall be reported and taxed under the provisions of subsection (c), (d), or (e) of this Code section, whichever is most nearly applicable.

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(g) The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessors of each county with the weighted average price paid, in pounds and measured volume, during each calendar quarter for softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood in each county or multicounty area within 60 days of the end of each calendar quarter. The most recent weighted average prices provided by the commissioner shall be applied by the tax assessors to the volume of wood removals reported as provided in this Code section to determine the fair market value of timber harvested other than under a taxable lump sum sale or taxable unit price sale.
(h) (1) Based on the reports and data provided under subsections (d), (e), (f), and (g) of this Code section, the tax collector or tax commissioner shall on a quarterly basis mail tax bills for sales and harvests other than lump sum sales. Ad valorem taxes on such sales and harvests shall be payable by the landowner within 30 days of receipt of the bill from the tax collector or tax commissioner.
(2) Any ad valorem tax or penalty which is not timely paid as provided in this Code section shall bear interest at the rate specified in Code Section 48-2-40 from the due date. Unpaid taxes, penalty, and interest imposed under this Code section shall constitute a lien against the property of the person responsible for payment of such tax and shall be collected in the same manner as other unpaid ad valorem taxes are collected.
(i) The millage rate applicable at the time of sale or the time of harvest of standing timber shall be the millage rate for the preceding year until the taxing jurisdiction adopts a millage rate for the current year, whereupon the newly adopted millage rate shall be appli cable beginning on the first day of the calendar quarter immediately succeeding the calen dar quarter in which the new rate was adopted.
(j) Any person who fails to timely make any report or disclosure required by this Code section shall pay a penalty of 50 percent of the tax due, except that if the failure to comply is unintentional and the report or disclosure is filed within 12 months after the due date the amount of the penalty shall be 1 percent for each month or part of a month that the report or disclosure is late.
(k) Forms for reports required by this Code section shall be supplied to each county by the department.
(1) (1) In any county in which the ad valorem taxation of timber pursuant to this Code section reduces the total property tax digest of such county for tax year 1992 by more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, such digest shall be supplemented as follows:
(A) The difference between the total property tax digest for the county and the total property tax digest less the total assessed value of standing timber removed from the digest shall be calculated;
(B) The difference calculated under subparagraph (A) of this paragraph shall be re duced by the fair market value of sold or harvested timber; and
(C) If the amount calculated under subparagraph (B ) of this paragraph is more than 20 percent of the amount of the total property tax digest of such county for the immediately preceding taxable year, the resulting amount shall be assigned and taxed on a levy made by the tax officials of such county in a pro rata manner against the land underlying the stand ing timber so removed from the digest.
(2) Where a digest is so supplemented for tax year 1992, it shall be supplemented in subsequent years as follows:
(A) For tax year 1993, such supplemental assessment shall be in an amount equal to 75 percent of the supplemental assessment received for tax year 1992;
(B) For tax year 1994, such supplemental assessment shall be in an amount equal to 50 percent of the supplemental assessment received for tax year 1992;

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(C) For tax year 1995, such supplemental assessment shall be in an amount equal to 25 percent of the supplemental assessment received for tax year 1992; and
(D) For tax year 1996 and future tax years, no supplemental assessment shall be received.
(m) (1) Any supplemental assessment added to a digest pursuant to subsection (1) of this Code section shall not be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164.
(2) The fair market value of timber harvested or sold added to a digest pursuant to this Code section shall be included in the calculation of the equalized adjusted school property tax digest under Code Section 48-5-274 for the purpose of calculating the required local fair share for school funding purposes under Code Section 20-2-164."
Section 7. Said chapter is further amended by striking Code Section 48-5-32, relating to publication by counties of ad valorem tax rates, and inserting in its place a new Code Sec tion 48-5-32 to read as follows:
"48-5-32. (a) At least two weeks prior to the establishment of the millage rate for ad valorem tax purposes for the current calendar year, the governing authority of each county shall cause a report to be published in a newspaper of general circulation which is the legal organ of such county throughout the county. Such report shall be in a prominent location in such newspaper and shall not be included with legal advertisements. The size and location of the advertisements shall not be grounds for contesting the validity of the levy. Such re port shall contain the following:
(1) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for county purposes for the current calendar year and such assessed taxable values and the millage rates for county purposes for each of the immediately preced ing five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for county purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year; and
(2) The assessed taxable value of all property, by class and in total, which is subject to ad valorem taxation for school purposes for the current calendar year and such assessed taxable values and the millage rates for school purposes for the immediately preceding five calendar years within the taxing jurisdiction, as well as the total dollar amount of ad valorem tax revenue for school purposes for each of the immediately preceding five calendar years. The information required for each year specified in this paragraph shall also indicate the percentage increase and total dollar increase with respect to the immediately preceding calendar year.
(b) The commissioner shall not accept for review the digest of any county which does not submit simultaneously a copy of such published report with such digest. In the event a digest is not accepted for review by the commissioner pursuant to this subsection, it shall be accepted for review upon satisfactory submission by such county of a copy of such published report."
Section 8. Said chapter is further amended by adding a new Code section immediately following Code Section 48-5-32, to be designated Code Section 48-5-32.1, to read as follows:
"48-5-32.1. (a) As used in this Code section, 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 com missioner of a tax jurisdiction to the Department of Revenue and approved by the state revenue commissioner.

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(3) 'Governing authority' means that official or group of officials responsible for the governing of a taxing jurisdiction.
(4) 'Mill' means one one-thousandth of a United States dollar.
(5) 'Millage' or 'millage rate' means the levy, in mills, which is established by the gov erning authority for purposes of financing, in whole or in part, the taxing jurisdiction's ex penses for their fiscal year.
(6) 'Roll-back rate' means the millage rate levied in the fiscal year immediately preced ing the new fiscal year minus the millage equivalent of the values added by reassessment certified by the tax assessor.
(7) 'Taxing jurisdiction' means a county or municipality, a county, independent, or area school district, or a consolidated city-county government or other political subdivision of the state which exercises the power to levy or which causes to be levied ad valorem taxes to carry out its purposes.
(8) 'Values added by reassessments' means all taxable assessed values added to the cer tified 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.
(b) On or before October 1 of each year, the tax receiver or tax commissioner shall certify to the governing authority of each taxing jurisdiction:
(1) The assessed taxable value of all property, including harvested timber, by class of property and in total, which is subject to taxation for that fiscal year within the taxing jurisdiction;
(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.
(c) (1) No millage for the fiscal year beginning in 1992 and any year thereafter may be levied until the governing authority of the taxing jurisdiction adopts a resolution or ordi nance which specifies 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 jurisdiction and shall be adopted only after the governing authority of the taxing jurisdiction has complied with the provisions of this Code section. Whenever a governing authority shall propose to adopt a millage rate which does not exceed the roll-back rate, it may establish its millage rate pursuant to this paragraph (1).
(2) 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. The governing authority shall place an advertisement in a newspaper of general circulation serving the residents of the unit of local government, 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 by (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).'
Simultaneously with this notice the governing authority shall provide a press release to the local media.

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(3) The advertisement shall appear at least one week prior to the hearing and shall be prominently displayed and shall not be placed in that section of the newspaper where legal notices appear.
(4) The ordinance or resolution adopting the final millage rate may be adopted at any public meeting at any time after the hearing and shall specify the roll-back rate and the final millage rate. In no event shall the governing authority levy a millage rate in excess of the proposed millage rate as established pursuant to paragraph (2) of this subsection.
(5) Any notice or hearing required under this Code section may be combined with any notice or hearing required under Article 1 of Chapter 81 of Title 36. Nothing in this Code 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 paragraphs (1) and (2) of this subsection.
(6) 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 this chapter shall not require new advertisement and hearings as required in this Code section.
(d) Nothing contained in this Code section shall serve to extend or authorize any mil lage rate in excess of the maximum millage rate permitted by law or to prevent the reduc tion of the millage rate."
Section 9. Said chapter is further amended by striking Code Section 48-5-33, relating to inclusion of standing timber as part of real property, which reads as follows:
"48-5-33. In the returning, appraisal, and assessment of tangible property, standing tim ber shall be included for all purposes as a part of the real property upon which it is located, and such standing timber shall not constitute a separate stratum of property.",
and inserting in its place the following:
"48-5-33. Reserved."
Section 10. Said chapter is further amended by striking Code Section 48-5-269, relating to rules and regulations concerning appraisal and assessment of property, and inserting in its place a new Code section to read as follows:
"48-5-269. (a) Subject to the limitations contained in Chapter 2 of this title, the com missioner may promulgate rules and regulations specifically regarding this part, including, but not limited to, the following:
(1) Prescription of the forms, books, and records to be used for standard property tax reporting for all taxing units, including, but not limited to, the forms, books, and records to be used in the listing, appraisal, and assessment of property and how the forms, books, and records shall be compiled and kept;
(2) Prescription of the form and content of state-wide, uniform appraisal and assess ment forms, books, and manuals;
(3) Development and prescription of procedures under which property sales ratio surveys shall be conducted; and
(4) Prescription of methods and procedures by which identification data, appraisal and assessment data, sales data, and any other information relating to the appraisal and assess ment of property shall be furnished to the department using electronic data processing sys tems and equipment.
(b) The commissioner shall promulgate after consultation with the Department of Agri culture, the Georgia Agricultural Statistical Service, the Georgia Forestry Commission, the Department of Natural Resources, and the Cooperative Extension Service, and county tax officials shall follow uniform rules and regulations establishing the current use value of bona fide conservation use property. Such rules and regulations shall apply to the evaluation of bona fide conservation use property, exclusive of any improvements thereon, which im-

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provements shall have their current use value determined as otherwise provided by law. Such rules and regulations shall include, but not be limited to, the following provisions and criteria:
(1) Sales data for arm's length, bona fide sales of comparable real property with and for the same existing use and per-acre property values determined by the capitalization of net income, with sales data to be weighted 35 percent and income capitalization values to be weighted 65 percent. Income capitalization values shall be derived from the respective con servation use property classifications, with consideration given to productivity of the respec tive major geological or geographical regions, and for this purpose:
(A) Net income shall be determined for:
(i) Crop land by calculating the five-year weighted average of per-acre net income from the major predominant acreage crops harvested in Georgia, and as used in this division, the term 'predominant acreage crops' means the top acreage crops with production in no less than 125 counties of the state;
(ii) Pasture property by calculating a five-year weighted average of per-acre rental rates from pasture land; and
(iii) Forest property by calculating a five-year weighted average of per-acre net income from hardwood and softwood harvested in Georgia; and
(B) The capitalization rate shall be based upon:
(i) The long-term financing rate available on January 1 from the Regional Federal Land Bank located in Columbia, South Carolina, and published pursuant to 26 U.S.C. Section 2032A(e) (7) (A) (ii), further referenced by regulations 26 C.F.R. 20.2032A-4(e);
(ii) The arithmetic mean of Federal Farm Credit bond yields, whose maturity is no less than five years in the future, as published in the Wall Street Journal on January 1 or the most recent business day of the current year, rounded to the nearest hundredth; and
(iii) For the purpose of determining the income capitalization rate, divisions (i) and (ii) of this subparagraph shall be given weighted influences of 80 percent and 20 percent, respectively;
(2) The state shall be divided into appropriate geographical regions for the purpose of determining any calculation under this subsection;
(3) In no event may the current use value of any conservation use property increase or decrease during a covenant period by more than 4 percent from its current use value for the previous taxable year or increase or decrease during a covenant period by more than 25 percent from the first year of the covenant period; and
(4) Environmentally sensitive properties as certified by the Department of Natural Re sources shall be valued according to the average value determined for property of the same or similar soil type, as determined under paragraphs (1) and (2) of this subsection."
Section 11. Said chapter is further amended by striking subsection (a) of Code Section 48-5-274, relating to the establishment of the equalized adjusted school property tax digest, and inserting in its place a new subsection (a) to read as follows:
"(a) The state auditor shall establish on a continuing basis, no later than November 15 in each year, an equalized adjusted school property tax digest for each county in the state and for the state as a whole for the current calendar year. All real and personal property exempted from taxation for school purposes shall be excluded from the digest. The state auditor may establish a unit within the Department of Audits and Accounts consisting of such number of personnel as is deemed necessary in order to establish and maintain on a continuing basis the equalized adjusted school property tax digest. The equalized adjusted school property tax digest shall be established and maintained as follows:
(1) Determine the locally assessed valuation of the county property tax assessment di gest for the preceding calendar year, exclusive of real and personal property exempted from

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taxation for school purposes and of railroad equipment company property shown on the county railroad equipment company property tax digest, exclusive of any property subject to current use valuation on the county property tax digest, and exclusive of the locally as sessed valuation of timber harvested or sold;
(1.1) Determine the locally assessed valuation for timber harvested or sold during the calendar year;
(2) Divide the sum of the locally assessed valuation of the county property tax assess ment digest under paragraph (1) of this subsection by the ratio of assessed value to true value of the property established by the state auditor in accordance with paragraph (5) of this subsection;
(3) Determine the sum of the assessed valuation of the county railroad equipment com pany property tax digest for the preceding calendar year and divide such sum by the equali zation ratio for the year established by the commissioner for the purpose of assessing rail road equipment company properties throughout the state;
(3.1) Determine the sum of the assessed current use valuation of the county property tax digest;
(4) The total of the sums obtained through the calculations prescribed in paragraphs (1.1), (2), (3), and (3.1) of this subsection shall be known as the current equalized adjusted school property tax digest of the county. The sum of the current equalized adjusted school property tax digest of all counties of the state combined shall be known as the current equalized adjusted school property tax digest for the state as a whole; and
(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 title to which was transferred pursuant to the exercise of the power of eminent domain. 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, within the county as is finally determined for real property within the county."
Section 12. Code Section 12-2-4 of the Official Code of Georgia Annotated, relating to powers and duties of the Department of Natural Resources, is amended by adding at its end a new subsection (k) to read as follows:
"(k) The department shall without any fee therefor accept applications for certification of environmentally sensitive conservation use property as provided for in Code Section 48-57.4 and shall certify property to local boards of tax assessors as meeting or not meeting the criteria of such Code section."
Section 13. Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds, is amended by striking subsection (a) 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

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Quality Basic Education Program; provided, however, that the local fair share for any local school system shall not exceed, for fiscal year 1992 only, 75 percent of the amount calculated pursuant to paragraph (1) of subsection (a) of Code Section 20-2-166. For fiscal year 1993 and every year thereafter, 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 calculated as follows:
(1) Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (1.1) of subsection (a) of Code Section 48-5-274;
(2) From the amount 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 14. To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester if there is no pur chaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood so harvested. The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessor of each county with the weighted average unit price in pounds and measured volume paid through the last business day of such period for each such product class, no later than November 15, 1991.
Section 15. This Act shall be applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and shall be applicable beginning January 1, 1992, for all other purposes, except that Section 14 of this Act shall become effective immediately upon its becoming law. Taxation for prior periods shall continue to be governed by prior law.
Section 16. All laws and parts of laws in conflict with this Act are repealed.

Senator Turner of the 8th moved that the Senate adopt the Conference Committee report on HB 283.

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 Bur4011 Clay CCoollleimnsan
Dawkins Deal Dean Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hill Hooks JHouhgngsionns
Kidd Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr S0*tem bv.erg
,ate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd

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Those not voting were Senators:

Olmstead (excused)

Ragan of 10th

White

On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 283.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House has passed by substitute, by the requisite constitutional majority the follow ing bill of the Senate:

SB 155. By Senators Scott of the 36th, Foster of the 50th and Kidd of the 25th:
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 following resolution of the Senate was taken up for the purpose of considering the House substitute thereto:

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.

The House substitute to SR 166 was as follows:

A RESOLUTION
Creating the Urban Policy Study Commission; and for other purposes.
WHEREAS, Georgia's urban areas are the center of our culture and the powerful en gines of our economic growth; and
WHEREAS, our urban areas have become home to more that three out of four of our citizens; and
WHEREAS, the continued viability of Georgia is dependent on a positive environment, both fiscal and physical, which supports and encourages business, industry, growth, and de velopment; and
WHEREAS, urban areas must provide the nucleus to foster the building and mainte nance of a work force prepared to fill the jobs of today and tomorrow; and
WHEREAS, urban areas, in conjunction with the state, must make it possible to bring workers and raw materials together in manufacturing and see that finished products are swiftly, safely, and economically transported; and
WHEREAS, urban areas must work with public and private business and industry in providing housing and basic services so that all citizens live in decent, safe neighborhoods; and
WHEREAS, urban areas must work with all areas of the state in assuming responsibil ity for protecting the health of all citizens with a goal to ensure the availability and accessi bility of basic health care systems; and

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WHEREAS, the state must afford all citizens, including those in urban areas, opportu nities to improve the quality of their lives and realize their full potential; and
WHEREAS, these are broad responsibilities and helping the urban and surrounding areas meet these goals calls for a state urban policy that includes elements that address the needs of the following areas: education; employment; children and youth; the elderly; health care and cost containment; crime; civil and human rights; homelessness and housing; com munity development; economic development; infrastructure encompassing aviation, urban mobility, roads and bridges, public transportation, and railroads; and energy and the envi ronment encompassing clean air, water, waste management, hazardous waste, and city health.
NOW THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Urban Policy Study Commission. The commission shall be composed of ten members appointed as follows: two members of the Senate appointed by the President of the Senate, two members of the House of Representatives appointed by the Speaker of the House of Representatives, three officials of county government recommended by the board of managers of the Association County Commissioners of Georgia, and three officials of municipal government recommended by the board of directors of the Georgia Municipal Association. Such municipal government officials shall represent urban areas with populations in the following categories: 15,000-100,000; 100,000-250,000; and 250,000 or more, respectively.
BE IT FURTHER RESOLVED that the President of the Senate and the Speaker of the House of Representatives shall each appoint a cochairman.
BE IT FURTHER RESOLVED that the commission shall undertake a study of the matters described in this resolution and any other matters reasonably related to establishing a comprehensive state-wide urban policy and recommend any action or legislation which the commission deems necessary. The commission 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. Legislative members shall receive the allowance authorized for legislative mem bers of interim committees for attending meetings of the commission. Staff for the commis sion shall come from permanent legislative staff, staff from the Association County Commis sioners of Georgia, the Georgia Municipal Association, and the Urban Study Institute. The members of the commission shall be authorized to meet for not more than eight days in 1991 and not more than ten days in 1992, and they shall make recommendations and legisla tive proposals and present a final report on or before December 1, 1992, on which day the commission shall stand abolished.

Senator Tate of the 38th moved that the Senate agree to the House substitute to SR 166 as amended by the following' amendment:

Amend the House substitute to SR 166 by adding following the word "Georgia" on line 29 of page 2 the following:
"and appointed by the President of the Senate and the Speaker of the House", and
by adding following the word "Association" on line 2 of page 3 the following: "and appointed by the President of the Senate and the Speaker of the House".

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 Burton Clay

Coleman Collins Deal Dean

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Echols Edge Egan English Foster Gilhs 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 Shumake
Thompson Timmons Tysinger Walker of 22nd

Those not voting were Senators:

Dawkins Garner Olmstead (excused)

Phillips Starr Steinberg

Turner Walker of 43rd White

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 166 as amended by the Senate.

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

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.

The House amendment was as follows:

Amend SB 223 by adding on line 5 of page 15, between the word "bylaws" and the semicolon, the following:
"; provided, however, that the members of the authority shall not be compensated or provided allowances for their services on such authority".
By striking in their entirety lines 12 through 28 of page 15, which read as follows:
"(b) In addition to the powers enumerated in subsection (a) of this section, the author ity shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under this Act after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. The authority may exercise the power of eminent domain in the manner provided in Title 22 of the O.C.G.A.; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired, except that no real property belonging to a city, county, state, or any political subdivision thereof may be acquired without the consent of such city, county, state, or other political subdivision."
By striking from line 29 of page 15 the following: "(c)",

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and inserting in lieu thereof the following: "(b)".
Senator Kidd of the 25th moved that the Senate agree to the House amendment to SB 223.
On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 223.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 197 was as follows:
A BILL
To be entitled an Act to amend Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of profes sional engineers and land surveyors, so as to change the definition of the term "land survey ing"; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 43-15-2 of the Official Code of Georgia Annotated, relating to definitions with respect to the regulation and certification of professional engineers and land surveyors, is amended by striking paragraph (6) in its entirety and inserting in lieu thereof a new paragraph (6) to read as follows:
"(6) 'Land surveying' means any service, work, or practice, the adequate performance of which requires the application of special knowledge of the principles of mathematics, the related physical and applied sciences, and the requirements of relevant law in the evaluation and location of property rights, as applied to:
(A) Measuring and locating lines, angles, elevations, natural and manmade features in the air, on the surface of the earth, in underground works, and on the beds of bodies of water, for the purpose of determining and reporting positions, topography, areas, and volumes;
(B) Establishing or reestablishing, locating or relocating, or setting or resetting of monumentation for any property, easement, or right of way boundaries, or the boundary of any estate or interest therein;
(C) The platting and layout of lands and subdivisions thereof, including alignment and grades of streets and roads, excluding thoroughfares;
(D) The platting and layout, incidental to subdivisions, of grading, erosion control, storm drainage pipes and culverts, and water distribution or gravity sanitary collection sewer extensions therein, provided that the design and installation of such water distribu tion or gravity sanitary sewer extensions shall conform to local ordinances and regulations and shall be subjected to the review and approval of the local government or its engineer;
(E) Conducting horizontal and vertical control surveys, layout or stake-out of proposed construction, or the preparation of as built surveys which relate to property, easement, or right of way boundaries;

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(F) Utilization of measurement devices or systems, such as aerial photogrammetry, geo detic positioning systems, land information systems, or similar technology for evaluation or location of property, easement, or right of way boundaries; or
(G) The preparation and perpetuation of maps, record plats, drawings, exhibits, field notes, or property descriptions representing these services."
Section 2. All laws and parts of laws in conflict with this Act are repealed.
Senator Shumake of the 39th moved that the Senate disagree to the House substitute to SB 197.
On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 197.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 283 was as follows:
A BILL
To be entitled an Act to amend Article 1 of Chapter 11 of Title 15, relating to juvenile proceedings, so as to revise certain provisions concerning the imposition of restraints on the freedom of accused juveniles prior to adjudication; 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, relating to juvenile proceedings, is amended by striking Code Section 15-11-18.1, relating to permitted control or detention of an accused juvenile, in its entirety and inserting in its place a new Code Section 15-11-18.1 to read as follows:
"15-11-18.1. (a) As a matter of public policy, restraints on the freedom of accused juveniles prior to adjudication shall be imposed only when there is probable cause to believe that the accused juvenile did the act of which he is accused and there is clear and convinc ing evidence that the juvenile's freedom should be restrained.
(b) The imposition of interim control or detention on an accused juvenile may be con sidered for the purposes of:
(1) Protecting the jurisdiction and process of the court;
(2) Reducing the likelihood that the juvenile may inflict serious bodily harm on others during the interim period; or
(3) Protecting the accused juvenile from imminent bodily harm upon his or her request.
(c) Interim control or detention shall not be imposed on an accused juvenile:
(1) To punish, treat, or rehabilitate the juvenile;
(2) To allow parents to avoid their legal responsibilities;
(3) To satisfy demands by a victim, the police, or the community;
(4) To permit more convenient administrative access to the juvenile; or
(5) To facilitate further interrogation or investigation.

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(d) Whenever an accused juvenile cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of the juvenile shall be favored over more intrusive alternatives.
(e) Whenever the interim curtailment of an accused juvenile's freedom is permitted under this Code section, the exercise of authority shall reflect the following values:
(1) Respect for the privacy, dignity, and individuality of the accused juvenile and his or her family;
(2) Protection of the psychological and physical health of the juvenile;
(3) Tolerance of the diverse values and preferences among different groups and individuals;
(4) Assurance of equality of treatment by race, class, ethnicity, and sex;
(5) Avoidance of regimentation and depersonalization of the juvenile;
(6) Avoidance of stigmatization of the juvenile; and
(7) Assurance that the juvenile has been informed of his right to consult with an attor ney and that if he cannot afford an attorney, one will be provided."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 283.

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 Burton Clay Coleman Collins Dawkins Deal
Echols Egan Foster Gillis Hammill

Harris Hasty 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
Thompson limmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Dean Edge

English Garner

Olmstead (excused) Steinberg

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 283.

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2297

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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.

The Conference Committee report on HB 605 was as follows:
The Committee of Conference on HB 605 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 605 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Mike Egan Senator, 40th District
Is/ Jack Hill Senator, 4th District
/s/ Steve Henson Senator, 55th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Paul W. Heard, Jr. Representative, 43rd District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Keith Breedlove Representative, 60th District

Conference Committee substitute to HB 605:

A BILL
To be entitled an Act 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; 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 8-2-3 of the Official Code of Georgia Annotated, relating to requirements for toilets, shower heads, and faucets in buildings, is amended by striking sub sections (b), (d), (g), and (i) of said Code section in their entirety and inserting in lieu thereof the following:
"(b) After April 1, 1992, there shall not be initiated within this state the construction of any residential building of any type which:
(1) Employs a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush; provided, however, this paragraph shall not be applicable to one-piece toilets until July 1, 1992;
(2) Employs a shower head that allows a flow of more than an average of 2.5 gallons of water per minute at 60 pounds per square inch of pressure;
(3) Employs a urinal that uses more than an average of 1.0 gallon of water per flush;
(4) Employs a lavatory faucet or lavatory replacement aerator that allows a flow of more than 2.0 gallons of water per minute; or
(5) Employs a kitchen faucet or kitchen replacement aerator that allows a flow of more than 2.5 gallons of water per minute."
"(d) The requirements of subsection (b) of this Code section shall apply to any residen tial construction initiated after April 1, 1992, and to any commercial construction initiated after July 1, 1992, which involves the repair or renovation of or addition to any existing

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building when such repair or renovation of or addition to such existing building includes the replacement of toilets or showers or both."
"(g) This Code section shall not apply to any construction of a residential building the contract for which was entered into prior to April 1, 1992, and shall not apply to any con struction of a commercial building the contract for which was entered into prior to July 1, 1992."
"(i) Before April 1, 1992, a city, county, or authority shall adopt and enforce the provi sions of this Code section in order to be eligible to receive any of the following grants, loans, or permits:
(1) A water or waste-water facilities grant administered by the Department of Natural Resources or the Department of Community Aifairs; or
(2) A water or waste-water facilities loan administered by the Georgia Environmental Facilities Authority."
Section 2. Said Code section is further amended by redesignating subsection (j) as sub section (k) and inserting a new subsection (j) to read as follows:
"(j) For purposes of this part, after April 1, 1992, the sale of a gravity tank-type, flushometer-valve, or flushometer-tank toilet that uses more than an average of 1.6 gallons of water per flush shall be prohibited."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Egan of the 40th moved that the Senate adopt the Conference Committee re port on HB 605.

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 Burton Clay DDeaawl kins
Edge Egan
Foster Garner
Gillis

Hammill Harris Hasty Henson Hill Hooks Huggins Kidd MLaanrgafbolred
Moye Newbill
Perdue Phillips
Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr T, i, ,Ti*hoymlorpson
Turner Tysinger
Walker of 22nd Walker of 43rd
White

Voting in the negative were Senators Echols and Perry.

Those not voting were Senators:

Coleman Collins Dean English

Johnson Olmstead (excused) Pollard

Shumake Steinberg Timmons

On the motion, the yeas were 44, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 605.

FRIDAY, MARCH 15, 1991

2299

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate:
SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th: 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 House has disagreed to the Senate amendment to the following bill of the House:
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.
Senator Langford of the 35th moved that the following local bill of the House, having been removed from the Senate Local Consent Calendar and placed on the Senate Local Contested Calendar previously today, and placed on the Table, be taken from the Table and put upon its passage:
HB 518. By Representative Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, as amended, so as to add provisions with respect to the creation of certain zones for residential purposes.
On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 518 was taken from the Table and put upon its passage.
The Senate Committee on Urban and County Affairs offered the following amendment:
Amend HB 518 by striking the quotation mark where it appears at the end of line 23 on page 2 and by adding immediately following the word and period "required." where it ap pears in line 23 on page 2 a new sentence to read as follows:
"Prior to enterprise zone status being granted to single-room occupancy residences, the single-room occupancy operating plan must be presented, and it must project a minimum of 20 percent of the units for homeless persons, including persons previously living in emer gency shelters, substandard housing, or in no housing whatsoever.'"
On the adoption of the amendment, the yeas were 47, nays 0, and the amendment was adopted.
Senator Scott of the 36th offered the following amendment:
Amend HB 518 by striking the quotation marks at the end of line 25 on page 1 and inserting at the end of said line the following:
"As used in this Act, the term 'single-room occupancy residence' refers specifically to

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JOURNAL OF THE SENATE

the Welcome House single-room occupancy residence located on the corner of Memorial Drive and Pryor Street in the City of Atlanta.' "

On the adoption of the amendment, the yeas were 34, nays 1, and the amendment was adopted.

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

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Dean Echols Egan English Foster

Gillis Hammill Harris Hasty Hooks Huggins Langford Marable Moye Newbill Perdue Perry Phillips 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:

Deal Edge Garner

Henson Hill Johnson

Kidd Olmstead (excused) Pollard

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

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

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

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.

The House amendment to the Senate substitute to HB 642 was as follows:

Amend the Senate substitute to HB 642 by striking from lines 10 through 12 of page 2 the following:
"other accident and sickness insurance coverage other than disability policies", and inserting in its place the following:
"basic or major medical accident and sickness coverage".

FRIDAY, MARCH 15, 1991

2301

Senator Taylor of the 12th moved that the Senate agree to the House amendment to the Senate substitute to HB 642.

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 Burton Clay Coleman Coiling Dawkins Dean Echols Egan English Foster

Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Langford Marable 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 Walker of 43rd White

Those not voting were Senators:

Deal Edge Garner

Harris Kidd Moye

Olmstead (excused) Steinberg

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 642.

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

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.

Senator Newbill of the 56th moved that the Senate adhere to its disagreement to the House substitute to SB 71, and that a Conference Committee be appointed.

On the motion, the yeas were 38, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 71.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Newbill of the 56th, Deal of the 49th and Foster of the 50th.

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JOURNAL OF THE SENATE

The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
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 House amendment was as follows:
Amend SB 375 by striking from line 3 of page 3 the word "trebled".
Senator Albert of the 23rd moved that the Senate disagree to the House amendment to SB 375.
On the motion, the yeas were 29, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 375.
The following bills of the Senate were taken up for the purpose of considering the House substitutes thereto:
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 House substitute to SB 171 was as follows:
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 change certain fees for the services of a sheriff in civil and criminal cases; to provide for time of payment of certain fees; to repeal a provision of said Code section relating to its effect on certain local or special laws; 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 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 ................. $25.00 (2) Action from another county, to be paid in advance ....................... 20.00 (3) Summoning each witness ................................................ 6.00 (4) Each levy or writ of fieri facias ......................................... 20.00 (5) Search and return of nulla bona ........................................ 13.00 (6) Serving summons of garnishment or rule against garnishee ................ 13.00
If more than one, for each additional copy................................. 6.00

FRIDAY, MARCH 15, 1991

2303

(7) Commissions on sales of property: On sums of $50.00 or less.................................................... 8%
On excess above $50.00 up to $550.00......................................... 6% For all sums exceeding $550.00, on excess ..................................... 3%
No commissions shall be charged unless property is actually sold. (8) Making out and executing titles to land ................................. 20.00
If presented by purchaser.................................................. 13.00
(9) Executing bill of sale to personal property, when demanded by purchaser. 13.00 (10) Forthcoming bonds ................................................... 13.00
(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......................................... 13.00
(14) Settling each execution in his hands, settled without sale................. 13.00 (15) Levying an attachment................................................ 20.00
(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. ............................... 5.00
(21) Collecting tax fi. fas. over $100.00, each................................. 10.00 (c) For executing and returning any warrant or for serving a citation, the fees to which a sheriff is entitled as provided in this subsection shall be paid at the disposition of the crimi nal case. For summoning witnesses or taking bonds in criminal cases, the fees to which a sheriff is entitled as provided in this subsection shall be paid in advance prior to the sher iffs rendering such service. 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.................................... 25.00
(6) Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant .......................... 25.00
(7) Summoning each witness ................................................ 6.00
(8) Taking bonds in criminal cases ......................................... 13.00
(9) Executing a warrant of escape .......................................... 10.00
(10) Service in every criminal case before a judge or a judge and jury ........ 10.00"

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Section 2. Said Code section is further amended by repealing subsection (g) which reads as follows:
"(g) No local law shall be affected by this Code section, provided that if provisions are made by local or special law for special compensation, the sheriff shall not be entitled to compensation both under this Code section and under such local or special law unless spe cifically provided for under such local or special law.",
in its entirety and by redesignating subsection (h) as subsection (g).
Section 3. 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 171.

On the motion, 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 Collins Dawkins Deal Dean Echols Edge English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Coleman Egan Garner

Kidd Langford Olmstead (excused) Phillips

Starr Steinberg Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 171.

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.

The House substitute to SB 374 was as follows:

A BILL
To be entitled an Act to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to repeal the requirement of a nonresident salt-water fishing license; 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

FRIDAY, MARCH 15, 1991

2305

unlawful to use bait to concentrate the bear population or to lure bears; to provide for related matters; 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 misspelling; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended by striking in their entireties subparagraphs (X) and (Y) of paragraph (7) of Code Section 27-2-23 relating to licenses, permits, and stamps, which reads as follows:

"(X) Nonresident salt-water fishing license

Annual

30.00

(Y) Nonresident salt-water fishing license

Seven-day

15.00"

Section 2. Said title is further 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 amended by striking in its entirety subsection (a) of Code Section 27-5-4, relating to wild animals licenses and permits generally, and inserting in its place a new subsection (a) to read as follows:
"(a) Unless otherwise provided in Code Section 27-5-5, it shall be unlawful for any per son to import, transport, transfer, sell, purchase, or possess any wild animal listed in Code Section 27-5-5 or specified by the board by regulation without first obtaining a wild animal license from the department as provided in Code Section 27-2-23 or a wild animal permit as provided in this Code section. Unless otherwise specified by the department, such license or permit shall be effective from April 1 through March 31 and may contain such conditions and restrictions, including restrictions as to numbers and species of animals, as the depart ment determines appropriate in light of the provisions of this chapter. An applicant for a

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wild animal license or permit shall have the burden of proving that any wild animals subject to such license or permit are or will be imported, transported, transferred, sold, purchased, or possessed in compliance with this chapter."
Section 3. Said chapter is further amended by striking in its entirety Code Section 27-55, relating to wild animals for which license or permit is required, and inserting in its place a new Code Section 27-5-5 to read as follows:
"27-5-5. Except as provided in this Code section, a license or permit is required for all wild animals listed in this Code section, Code Section 27-5-4, or specified by regulation of the board pursuant to either Code section:
(1) Class Mammalia:
(A) Order Carnivora (weasels, ferrets, cats, bears, wolves, etc.) -- All species, except that a European ferret (mustela putorius furo) may be held as a pet without a license or permit; provided, however, that the ferret is sexually neutered prior to seven months of age and is vaccinated against rabies with a vaccine approved for use on ferrets by the United States Department of Agriculture and administered in accordance with the manufacturer's recommendations; and provided, further, that the owner of a ferret held as a pet is able to provide documentation that said ferret has been neutered and vaccinated as specified in this subparagraph;
(B) Order Proboscidae (elephants) -- All species;
(2) Class Osteichthyes (bony fish):
(A) Order Cypriniformes (Suborder Characoidei): Family Characidae (tetra, piranha):
(i) Astyanax faciatus (banded tetra);
(ii) Genera Serrasalmus, Serrasalmo, Pygocentrus, Taddyella, Rooseveltiella, Pygopristis (piranhas) -- All species;
(B) Order Cypriniformes (Suborder Cyprinoidei): Family Cyrpinidae (carp, grass carp, orfe, etc.):
(i) Ctenopharyngodon idella (grass carp);
(ii) Hypophthal-michthys molitrix (silver carp);
(iii) Aristichthys nobilis (bighead carp);
(C) Order Siluriformes:
(i) Family Clariidae (air-breathing catfishes) -- All species;
(ii) Family Trichomyceteridae (parasitic catfishes): Genera Vandellia (candiru) and Urinophilus--All species;
(iii) Family Heteropneustidae (giant walking catfishes): Genus Heteropneustes -- All species;
(D) Order Perciformes (Suborder Channoidei): Family Channidae (snakeheads): Genera Ophicephalus and Channa -- All species;
(3) Class Chondrichthyes (cartilaginous fish): Order Rajiformes: Family Potamotrygonidae (fresh-water stingray) -- All species;
(4) All exotic fish which are not held in aquaria or tanks, provided that, as used in this Code section, 'aquaria or tanks' means containers for holding fish from which no water is discharged, except during periodic cleaning, and which discharged water is passed through a filtering system capable of removing all fish and fish eggs and is disposed of only in a septic tank permitted by the county or in a waste-water treatment system permitted by the Envi ronmental Protection Division of the department;
(5) All other wild animals specified by regulation of the board."

FRIDAY, MARCH 15, 1991

2307

Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
Section 5. All laws and parts of laws in conflict with this Act are repealed.

Senator Perry of the 7th moved that the Senate agree to the House substitute to SB 374.

On the motion, 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 Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ray Robinson Scott Starr Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Garner Henson Kidd

Langford Olmstead (excused) Ragan of 32nd Ramsey

Shumake Steinberg Timmons

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 374.

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

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 amendment was as follows:

Amend the Senate amendment to HR 352 by striking the following: "figure '45' ",
and inserting in lieu thereof the following:
"the following: 'such number of years as may be approved by the fiscal affairs subcom mittees of the Senate and House of Representatives meeting jointly as one committee; pro vided, however, that no such lease shall be executed without such approval by the fiscal affairs subcommittees and if any such lease is so approved, then such lease shall be for such number of ".

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JOURNAL OF THE SENATE

Senator Baldwin of the 29th moved that the Senate agree to the House amendment to the Senate amendment to HR 352.

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 Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster

Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Shumake Starr Tate Taylor Thompson Timmons Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Garner Hammill

Kidd Langford Olmstead (excused)

Scott Steinberg Turner

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HR 352.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in substituting the following bill of the Senate:

SB 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 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 102. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th 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

FRIDAY, MARCH 15, 1991

2309

removal of the director of such division; to create an Environmental Advisory Council; to provide for the composition of such council.

The Speaker has appointed on the part of the House, Representatives Byrd of the 153rd, Poston of the 2nd and Dobbs of the 74th.

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 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.

The Speaker has appointed on the part of the House, Representatives Aiken of the 21st, Groover of the 99th and Mobley of the 64th.

The following bills of the House and Senate were taken up for the purpose of consider ing the Conference Committee reports thereon:

HB 361. By Representative Barnett of the 10th: A bill to create the Cumming-Forsyth County Unification Commission.

The Conference Committee report on HB 361 was as follows:
The Committee of Conference on HB 361 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 361 be adopted.
Respectfully submitted,

FOR THE SENATE:
/a/ J. Nathan Deal Senator, 49th District
/s/ Sallie Newbill Senator, 56th District
/s/ R. Joseph Hammill Senator, 3rd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Bill Barnett Representative, 10th District
/s/ Kenneth W. Birdsong Representative, 104th District
/s/ Bobby Eugene Parham Representative, 105th District

Conference Committee substitute to HB 361:

A BILL
To be entitled an Act to create the Cumming-Forsyth County Unification Commission; to provide for a short title; to provide for definitions; to provide for the appointment of the members of said commission; to provide for the organizational meetings of said commission and for the election of a permanent chairman; to provide for the powers and duties of said commission; to provide that said commission shall be authorized to employ a staff to assist it in carrying out its powers and duties; to provide for the expenses of the said commission and for the payment of same by the governing authorities of the City of Gumming and Forsyth County; to provide that said commission shall be authorized to study all matters relating to the governments of the City of Cumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and

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jurisdiction throughout the territorial limits of Forsyth County; to provide for the submis sion of the commission's findings and recommendations to the Forsyth County State Legis lative Delegation; to provide for all procedures and matters connected with the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. This Act shall be known and may be cited as the "Cumming-Forsyth County Unification Commission Act" and is enacted pursuant to the authority granted by Article IX, Section III, Paragraph II(a) of the Constitution of Georgia.
Section 2. As used in this Act, the term:
(1) "Gumming" or "City of Gumming" or "governing authority of the City of Gum ming" means the mayor and councilmembers of the City of Gumming.
(2) "Forsyth County State Legislative Delegation" means the elected official represent ing House District 10 and the elected officials representing Senate Districts 49 and 56 in the General Assembly of Georgia.
(3) "Governing authority of Forsyth County" shall mean the Board of County Commis sioners of Forsyth County.
(4) "Unification commission" or "commission" means the Cumming-Forsyth County Unification Commission provided for in this Act.
Section 3. (a) There is created the Cumming-Forsyth County Unification Commission, which shall consist of 15 members who shall be appointed as follows:
(1) Five members to be appointed by the County Commission of Forsyth County, all of whom shall be residents of unincorporated Forsyth County;
(2) Five members to be appointed by the City Council of Gumming, all of whom shall be residents of the City of Gumming; and
(3) Five members to be appointed by the March term of the grand jury of Forsyth County, all of whom shall be appointed without regard to their residency, provided that such members shall meet the eligibility requirements set forth in subsection (b) of this section.
(b) To be eligible for appointment as a member of the unification commission, a person must be at least 21 years of age and shall have been a resident of the State of Georgia for a period of at least three years and registered as an elector to vote in Forsyth County for a period of at least two years prior to his appointment.
(c) If either the mayor and council of the City of Gumming or the Board of Commis sioners of Forsyth County fails or refuses to appoint any or all of the members to be ap pointed by such body within 30 days after the approval of this Act by the Governor or its otherwise becoming law, such members shall be appointed by the grand jury of Forsyth County at its next meeting.
(d) If a vacancy should occur on said commission for any reason, the grand jury of Forsyth County shall promptly fill the same. Eight members of the commission shall consti tute a quorum for the transaction of business.
Section 4. (a) The unification commission shall hold an organizational meeting within 15 days after the appointment of all members, as provided in Section 3 of this Act. The first order of business at said organizational meeting shall be the election of a permanent chair man who shall be elected by majority vote of all members of said commission.
(b) After organization and election of a permanent chairman, the unification commis sion shall be authorized to elect a secretary who need not be a member of the commission and such other officers from the commission as it shall deem necessary. The unification commission shall be further authorized to employ such staff and to contract with any public or private institution or body for any special studies or assistance as it shall deem necessary

FRIDAY, MARCH 15, 1991

2311

to assist it in studying all matters relating to the governments of the City of Gumming and Forsyth County. The unification commission shall not employ any person to assist it in making its studies who holds any public office if the holder of such public office is elected by the people.
(c) The members of the unification commission shall not receive per diem or other com pensation for their services except reimbursement for actual expenses incurred by them in carrying out their duties as members of the unification commission. The staff employed by the unification commission shall be paid compensation as determined by the commission within the limits of funds available to it under the provisions of this Act. The governing authority of the City of Cumming and the governing authority of Forsyth County are au thorized to expend public funds in carrying out the provisions of this Act and shall share proportionately the expense thereof, 90 percent by the county and 10 percent by the city. The treasurer or other fiscal authority of each of said governing authorities shall honor vouchers or warrants signed by the chairman of the unification commission. Said governing authorities shall appropriate such funds up to a combined maximum appropriation of $20,000.00 as may be necessary to meet the expenses of the unification commission. All public officials and employees upon request shall furnish the unification commission with all documents, books, records, data, information, and assistance necessary or appropriate in the opinion of the unification commission for it to carry out its duties.
Section 5. The General Assembly delegates its power to the unification commission, and the unification commission is authorized to study all matters relating to the governments of the City of Cumming and Forsyth County and all matters relating to the establishment of a single unified county-wide government with powers and jurisdiction throughout the territo rial limits of Forsyth County.
Section 6. During the course of its studies, the unification commission shall be required to hold at least three public hearings to determine the sentiment of the citizens of the City of Cumming and Forsyth County regarding the work of the unification commission. The unification commission shall cause the date, time, and place of such hearings to be adver tised in the official organ of Forsyth County at least twice during the week immediately preceding the week during which said public hearings are held. The unification commission shall be authorized to hold more than three public hearings if it determines that additional public hearings are desirable, but all public hearings shall be advertised as provided in this section.
Section 7. After conducting its study of the governments of the City of Cumming and Forsyth County, the unification commission shall prepare and submit on or before October 31, 1991, a written report of its findings, conclusions, and recommendations, specifically in cluding whether it is in the best interests of the citizens and governments of the City of Cumming and Forsyth County that there be enacted by the General Assembly local legisla tion to create a single unified county-wide government to succeed and replace the existing governments of the City of Cumming and Forsyth County. The City of Cumming, the County of Forsyth, or both, are authorized but not required to hold a referendum pursuant to Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia.
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate adopt the Conference Committee re port on HB 361.

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

Those voting in the affirmative were Senators:

Alien Bishop Bowen Broun

Burton Clay Coleman Collins

Dawkins Deal Dean Echols

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Edge English Foster
Gillis Hammill
jTMTM8 TT Q pjjjj Hooks Huggins Johnson Langford

Marable Moye Newbill
Perdue p erry
Phillips Pollard 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

Those not voting were Senators:

Albert Baldwin Egan

Garner Kidd

Olmstead (excused) Steinberg

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 361.

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.

The Conference Committee report on HB 63 was as follows:
The Committee of Conference on HB 63 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 63 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Harrill L. Dawkins Senator, 45th District
/s/ Pete Robinson Senator, 16th District
/s/ Earl Echols, Jr. Senator, 6th District

FOR THE HOUSE OF REPRESENTATIVES:
is/ Bobby Eugene Parham Representative, 105th District
/s/ Denmark Groover Representative, 99th District
/s/ Bill Barnett Representative, 10th District

Conference Committee 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

FRIDAY, MARCH 15, 1991

2313

persons under 18 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 by persons under age 18 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 license in an accepted plea of nolo contendere; 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 a third time 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 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 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 offense 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

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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 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. For purposes of this paragraph, a plea of nolo contendere and all previ ous 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 para graph, 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 consid ered and counted as convictions; or".
Section 4. 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

FRIDAY, MARCH 15, 1991

2315

license 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 5. 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 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 6. 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 any time 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 7. 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

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conviction conditioned upon the defendant's undergoing an alcohol or drug treatment pro gram approved by the court."
Section 8. Said title is further amended by adding at the end of said Code Section 40-6391 two new subsections (j) and (k) to read as follows:
"(j) (1) The clerk of the court in which a person is convicted a third time under subsec tion (c) of this Code section shall cause to be published a notice of conviction for each such person convicted. Such notices of conviction shall be published in the manner of legal no tices in the legal organ of the county in which such person resides or, in the case of nonresi dents, 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 taken by the arresting law enforcement agency at the time of arrest, name, and address 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.
(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 18 shall not drive or be in actual physical control of any moving vehicle while the person's alcohol concentration is 0.06 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. No plea of nolo contendere shall be accepted for any person under the age of 18 charged with a violation of this Code section."
Section 9. Said title is further amended by striking subsection (d) of Code Section 40-6391.1, 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 court shall, at the time of surrender of the driver's license to it, issue a temporary driving permit which shall expire not more than 120 days from its issuance. 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 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 10. Said title is further amended by striking subsections (b) and (c) of Code

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2317

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 an 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 0.06 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 11. All laws and parts of laws in conflict with this Act are repealed.

Senator Dawkins of the 45th moved that the Senate adopt the Conference Committee report on HB 63.

On the motion, 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 Dawkins

Deal Dean Echols Edge Egan English Foster Gillis Hammill

Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable

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Moye Newbill Perdue Perry PPhoillllairpds
Ragan of 10th
Ragan of 32nd

Ramsey Ray Robinson Scott SStteairnr berg
Tate
Taylor

Thompson Timmons Turner Tvsinger wWal,ker of, o2o2n^d
Walker of 43rd
White

Those not voting were Senators:

Albert Bowen

Garner Kidd

Olmstead (excused) Shumake

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 63.

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 Conference Committee report on SB 93 was as follows:
The Committee of Conference on SB 93 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 93 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ C. Donald Johnson Senator, 47th District
/s/ Quillian Baldwin Senator, 29th District
/s/ J. Nathan Deal Senator, 49th District

FOR THE HOUSE OF REPRESENTATIVES:
Is/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Tommy Chambless Representative, 133rd District
/s/ Mary Margaret Oliver Representative, 53rd District

Conference Committee 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 the 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

FRIDAY, MARCH 15, 1991

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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.
(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) A spouse;
(C) A guardian over the person appointed pursuant to the provisions of Code Section 29-5-1;
(D) A son or daughter 18 years of age or older;
(E) A parent;
(F) 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 immi nent death of the patient;
(B) Is in a noncognitive state with no reasonable possibility of regaining cognitive func tions; 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

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the patient will likely experience repeated need for cardiopulmonary resuscitation over a short period of time.
(5) 'Cardiopulmonary resuscitation' means only those measures used to restore or sup port 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.
(12) 'Reasonably available' means that a person to be contacted can be contacted with diligent efforts by an attending physician, another person acting on behalf of the attending physician, or the health care facility within a reasonable period of time as determined by the attending physician.
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 in writing in the patient's medi cal record 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 pre sumed, 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 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, after being informed of the provisions of this Code section, consent orally or in writing to an order not to resuscitate for an adult candidate for nonresuscitation; provided, however, that such consent 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.
(e) If none of the persons specified in subsections (b), (c), and (d) of this Code section is

FRIDAY, MARCH 15, 1991

2321

reasonably available or competent to make a decision regarding an order not to resuscitate, an attending physician may issue an order not to resuscitate for a patient, provided that:
(1) Such physician determines, in writing in the patient's medical record, that such patient is a candidate for nonresuscitation; and
(2) An ethics committee or similar panel, as designated by the health care facility, con curs in the opinion of the attending physician and the concurring physician that the patient is a candidate for nonresuscitation.
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 immediately include in the patient's chart that the patient is no longer a candidate for nonresuscitation and shall im mediately cancel the order and notify the person who consented to the order and all hospi tal staff responsible for the patient's care of the cancellation.
(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 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 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

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JOURNAL OF THE SENATE

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 cardi opulmonary 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.

Senator Johnson of the 47th moved that the Senate adopt the Conference Committee report on SB 93.

On the motion, 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 Egan English Gillis Hammill Harris Hasty

Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue

FRIDAY, MARCH 15, 1991

2323

Perry Phillips Pollard RRaaggaannooff3120nthd
Ramsey
Ray

Robinson Scott Starr TStaetienberg
Taylor
Thompson

Timmons Turner Tvsineer W*a.l,ker o,f 2002nd,
Walker of 43rd
White

Those not voting were Senators:

Albert Bowen Dawkins

Foster Garner Kidd

Langford Olmstead (excused) Shumake

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 93.

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.

The Conference Committee report on HB 886 was as follows:
The Committee of Conference on HB 886 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 886 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Bill English Senator, 21st District
/s/ Wayne Garner Senator, 30th District
Cathey W. Steinberg Senator, 42nd District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ L. Charles Watts Representative, 41st District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Thomas M. Kilgore Representative, 42nd District

Conference Committee substitute to HB 886:

A BILL
To be entitled an Act 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; to define a term; to provide a penalty; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. 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, is amended by inserting at the end thereof a new Code Section 40-6-253 to read as follows:
"40-6-253. (a) As used in this Code section, the term 'etiologic agent' means any tissue,

2324

JOURNAL OF THE SENATE

body fluid, or any other biological material which has the potential to transmit illness or disease or other harm upon contact, ingestion, or inhalation.
(b) Any vehicle while transporting any etiologic agent or any biomedical waste as such term is defined in Code Section 12-8-22 in this state shall be clearly marked on both sides and on the back with a sign or placard bearing the internationally recognized symbol desig nated for use in this state by the Environmental Protection Division of the Department of Natural Resources denoting biohazardous material, not less than 12 inches in height and red in color on a white background, and the words 'BIOHAZARDOUS MATERIAL' in capital block letters not less than two inches in height and red in color on a white background.
(c) Violation of the provisions of this Code section shall constitute a misdemeanor."
Section 2. All laws and parts of laws in conflict with this Act are repealed.

Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on HB 886.

On the motion, 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 Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard

Those not voting were Senators:

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Albert Dawkins Hammill

Kidd Langford Olmstead (excused)

Shumake Starr

On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 886.

FRIDAY, MARCH 15, 1991

2325

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 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.
The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills 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.
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 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.
The following bill of the House was taken up for the purpose of considering the House action thereon:
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.
Senator Taylor of the 12th moved that the Senate insist upon the Senate amendments to HB 324.
On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate insisted upon the Senate amendments to HB 324.

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JOURNAL OF THE SENATE

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

HB 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.

The House amendment to the Senate amendment was as follows:

Amend the Senate amendment to HB 140 by adding following the last sentence on page 2 which ends with the word "state" the following:
" '(c) Of the 17 members of the board, at least 11 members shall have experience in and be representative of the aviation industry or profession. Initial appointments shall be made prior to July 1, 1989, except that the additional members provided for in 1991 shall be appointed prior to October 1, 1991. In the event a vacancy occurs in the membership of the board, the Governor shall promptly fill the same for the unexpired term. A majority of the members shall constitute a quorum for the transaction of business.
Section 2. Said article is further amended by designating Code Sections 50-12-70'.
By renumbering Section 2 on lines 23 and 24 of page 3 as Section 3."

Senator Harris of the 27th moved that the Senate agree to the House amendment to the Senate amendment to HB 140.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen Broun urton
XCCoo,Ulyeimnsan Dawkins Dean Echols Egan English Foster

Hammill Harris Hasty
Henson Hill Hooks

KTLaidndg,ford,

Marable

Perdue

Pe"y

.

Phillips

Pollard

Ragan of 10th

Ragan of 32nd Ramsey Ray Robinson Scott Starr
T,,T,aaytel,or Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Deal (presiding)
Garaer Gillis

Huggins Johnson
Move Newbill

Olmstead (excused) Shumake
Steinberg Timmons

On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 140.

FRIDAY, MARCH 15, 1991

2327

The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate:
SB 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 House adheres to its position in insisting on its substitute, and has appointed a Committee on Conference to confer with a like committee on the part of the Senate on the following bill of the Senate:
SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th: 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 Speaker has appointed on the part of the House, Representatives Kilgore of the 42nd, Walker of the 115th and Coleman of the 118th.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 338 was as follows:
A BILL
To be entitled an Act 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 pro visions prohibiting the practice without a license; to provide for exceptions; to change licens ing qualifications; to change the licensing requirements for persons licensed in other states; to provide for requiring mental and physical examinations and their admissibility; to pro vide for obtaining records of the mental and physical condition of applicants and licensees and record admissibility; to provide for sanctions; to change the provisions relating to tem porary licenses and provide for provisional licenses and automatic repeal; to authorize the board to waive continuing education requirements under certain situations; to change the provisions relating to use of titles and certain representations; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to

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JOURNAL OF THE SENATE

the regulation of the practice of psychology, is amended by striking Code Section 43-39-7, relating to practicing psychology without a license, which reads as follows:
"43-39-7. If any person shall hold himself or herself out to the public as being engaged in the practice of psychology and shall not then possess in full force and virtue a valid license to practice psychology under the laws of this state, that person shall be deemed to be practicing psychology without complying with this chapter and in violation thereof. Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization or an estab lished and recognized social welfare agency, or the use of psychological techniques by organ izations engaged in business, commerce, or industry or by persons within their salaried em ploy, provided that the title 'psychologist' is not used by a person not licensed and that the professional practice of psychology is not implied by a person not licensed under this chap ter. Persons employed in federal, state, county, or municipal agencies or in chartered educa tional institutions or who are students in training in chartered educational institutions are exempted, when practicing in their agencies or institutions, as are technicians, assistants, or interns working under the supervision of licensed psychologists.",
and in inserting in lieu thereof a Code section to read as follows:
"43-39-7. A person who is not licensed under this chapter shall not use the title 'psy chologist' and shall not imply that he or she is a psychologist. If any person shall hold himself or herself out as being engaged in the practice of psychology and shall not then possess in full force a valid license to practice psychology under the laws of this state, this person shall be in violation of this chapter. The following are exceptions:
(1) Nothing in this chapter shall require licensure for a person who is certified as a school psychologist by the State Board of Education while that person is working as an employee in an educational institution recognized by the State Board of Examiners of Psy chologists as meeting satisfactory accreditation standards, provided that no fees are charged directly to clients or through a third party;
(2) Nothing in this chapter shall require licensure for a person who holds a doctoral degree in psychology while that person is working as an employee in a research laboratory, college, or university recognized by the board as meeting satisfactory accreditation stan dards, provided that no fees are charged directly to clients or through a third party;
(3) Nothing in this chapter shall require licensure for a person who prior to July 1, 1993, was engaged in the practice of psychology as an employee of any agency or depart ment of the federal government, state government, or any of their political subdivisions, but only when that person is engaged in that practice as an employee of such department or agency; and
(4) Nothing in this chapter shall be construed to limit the activities and services of a person in the employ of or serving for an established and recognized religious organization, provided that the title 'psychologist' is not used by a person not licensed and that the per son does not imply that he or she is a psychologist."
Section 2. Said chapter is further amended by striking subsection (b) of Code Section 43-39-8, relating to the qualifications for licensure as a psychologist, in its entirety and in serting in its place a new subsection to read as follows:
"(b) A candidate for such license shall furnish the board with satisfactory evidence that the candidate:
(1) Is of good moral character;
(2) Has completed the requirements of a doctoral degree from a professional training program in applied psychology, including but not limited to clinical psychology, counseling psychology, industrial or organizational psychology, or school psychology, from an accred ited educational institution recognized by the board as maintaining satisfactory standards.

FRIDAY, MARCH 15, 1991

2329

Any person who has received a doctoral degree in a field closely allied to the field of psy chology shall meet the degree requirements of this paragraph if:
(A) That degree in the closely allied field is received prior to July 1, 1991, from an educational institution recognized by the board as maintaining satisfactory standards;
(B) The training required for that degree in the closely allied field has been determined by the board to be substantially similar to that required for a doctoral degree from a profes sional training program in applied psychology;
(C) That person completed the experience required by paragraph (3) of this subsection prior to July 1, 1991; and
(D) That person passes the examinations required by paragraph (4) of this subsection prior to July 1, 1993;
(3) Has had at least two years of experience in psychology of a type considered by the board to be qualifying in nature;
(4) Is competent in psychology, as shown by passing such examinations, written or oral, or both, as the board deems necessary; and
(5) Has not within the preceding six months failed an examination given by the board."
Section 3. Said chapter is further amended by striking Code Section 43-39-10, relating to licensure as a psychologist based on a license in another state, and inserting in its place a new Code section to read as follows:
"43-39-10. The board may grant a license to any person who at the time of application is licensed by a similar board of another state whose standards, in the opinion of the board, are not lower than those required by this chapter. The board may require the applicant to pass such written and oral examinations as the board may deem necessary."
Section 4. Said chapter is further amended by striking the period and adding a colon after the word "board" in subsection (a) of Code Section 43-39-13, relating to denial, revoca tion, or suspension of licenses, and adding immediately thereafter new paragraphs to read as follows:
"(1) In enforcing this subsection, the board may, if it has reasonable basis to believe that the psychologist is practicing while incapacitated in the performance of his or her du ties by reason of substance abuse or mental or physical illness, require a licensee or appli cant to submit to a mental, physical, or mental and physical examination by an appropriate licensed practitioner designated by the board. The results of such examination shall be ad missible in any hearing before the board, notwithstanding any claim of privilege under a contrary rule of law or statute. If a licensee fails to submit to each examination when prop erly directed to do so by the board, the board may summarily suspend such license, if the public health, safety, and welfare imperatively requires such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal; and
(2) For the purpose of this subsection, the board, if it has a reasonable basis to believe that the psychologist is incapacitated in the performance of his or her duties by reason of substance abuse or mental or physical illness, may require the psychologist to produce or give the board permission to obtain any and all records relating to the alleged incapacitating mental or physical condition of a licensee or applicant, including that individual's personal psychiatric and psychological records; and such records shall be admissible in any hearing before the board. If a licensee fails to provide such records when properly directed to do so by the board, the board may summarily suspend such license, if the public health, safety and welfare imperatively requires such action, and thereafter enter a final order upon proper notice, hearing, and proof of such refusal."
Section 5. Said chapter is further amended by striking Code Section 43-39-14, relating to temporary licenses, and inserting in its place a new Code section to read as follows:
"43-39-14. (a) The board may issue a temporary license to an applicant for a permanent

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JOURNAL OF THE SENATE

license. Such license shall have the same force and effect as a permanent license. The tem porary license will expire 12 months from the date of its issuance and shall not be renewa ble. Upon a finding by the board that the applicant has failed either the written or oral examination, the board shall revoke such temporary license.
(b) The board may issue a provisional license to an applicant for a permanent license. The provisional license may be granted to an individual who has passed all examinations and completed all other requirements for permanent licensure except for the postdoctoral supervised work experience requirement. Provisional licensure will expire in 24 months un less the board grants an exception, or in the event of the granting of a permanent license, whichever occurs first. The provisional license shall not be renewable. An individual who is licensed under this subsection is restricted to the stipulations of the supervised work experi ence requirement. Provisional licensure will be granted only to an individual who is in the process of completing the postdoctoral supervised work experience requirement and is sub ject to revocation if the board determines that the requirements of the supervised work experience are not being satisfactorily met. The revocation of a provisional license shall not be considered a contested case within the meaning of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' but a holder of a provisional license shall have a right to appear before the board. This subsection shall be automatically repealed July 1, 1993."
Section 6. Said chapter is further amended by striking in its entirety Code Section 4339-15, relating to continuing education, and inserting in lieu thereof the following:
"43-39-15. The board is authorized to establish requirements of continuing education as a condition for the renewal of licensure of psychologists; however, rules and regulations con cerning accreditation of continuing education programs and other educational experience and the assignment of credit for participation therein must be promulgated by the board at least one year prior to implementation of continuing education requirements for renewal of licensure. The board shall be authorized to waive continuing education requirements in cases of hardship, disability, illness, or under such other circumstances as the board deems appropriate."
Section 7. Said chapter is further amended by striking Code Section 43-39-17, which reads as follows:
"43-39-17. No person shall use the title 'Licensed Psychologist' in this state without a license granted by the board and signed by the board president. No person not licensed as provided in this chapter shall designate that person or that person's occupation by the words 'Licensed Psychologist,' nor shall such person designate that person by any other term or title which implies that such person is practicing professional psychology unless that person has a valid license.",
and inserting in its place a new Code section to read as follows:
"43-39-17. Except as provided in Code Section 43-39-7, a person shall not use the title 'psychologist' unless he or she is licensed as provided in this chapter. A person who is not licensed as provided in this chapter shall not designate his or her occupation as a psycholo gist and shall not designate himself or herself by any other term which implies that he or she is practicing psychology."
Section 8. All laws and parts of laws in conflict with this Act are repealed.

Senator Harris of the 27th moved that the Senate agree to the House substitute to SB 338.

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

Those voting in the affirmative were Senators:

Alien Baldwin

Bishop Broun

Burton Coleman

FRIDAY, MARCH 15, 1991

2331

Collins Dawkins Deal Dean Echols Edge Egan English Foster Hammill Harris Henson

Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th

Ragan of 32nd Ray Robinson Scott Steinberg Tate Taylor Thompson Turner Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bowen Clay Garner
Gillis

Hasty Kidd Olmstead (excused) Phillips
Ramsey

Shumake Starr
Timmons Tysinger

On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 338.

Senator Alien of the 2nd moved that the Rules of the Senate be suspended to allow a report of the standing Committee on Urban and County Affairs to be read.

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 Burton Clay Coleman Collins Deal Dean Echols Edge English Foster Garner Gillis

Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White

Voting in the negative was Senator Albert.

Those not voting were Senators:

Bowen Broun Dawkins Egan

Hooks Olmstead (excused) Ramsey

Shumake Steinberg Timmons

On the motion, the yeas were 45, nays 1; the motion prevailed, and the Senate Rules

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JOURNAL OF THE SENATE

were suspended to allow the reading of the following report of the Senate Committee on Urban and County Affairs:

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 1054. Do pass as amended.
Respectfully submitted,
Senator Harris of the 27th District, Chairman

Senator Alien of the 2nd moved that the Senate Rules be suspended to allow a Local Consent Calendar to be considered by the Senate.

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
Brun Burton Clav CCoollleimnsan Deal
Dean Echols Edge English Foster

Gillis Hammill Harris
Hasty Henson Hil1 JHouhgngsionns Kidd
Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th
Ragan of 32nd R Scott ,,^,h_umak. e btarr
Tate Thompson Tysinger Walker of 22nd Walker of 43rd

Voting in the negative was Senator Albert.

Those not voting were Senators:

Bowen Dawkins Egan Garner
Hooks

Langford Olmstead (excused) Ramsey Robinson
Steinberg

Taylor Timmons
Turner White

On the motion, the yeas were 41, nays 1; the motion prevailed, and the Senate consid ered the following Local Consent Calendar.

SENATE LOCAL CONSENT CALENDAR March 15, 1991
FORTIETH LEGISLATIVE DAY
(The names listed with each bill are the Senators whose districts are affected by the legislation.)

*HB 1054 Coleman, 1st

FRIDAY, MARCH 15, 1991

2333

Alien, 2nd Hammill, 3rd
A bill to change the compensation of the judges of the state court of Chatham County. (AMENDMENT)

The amendment to the following bill was put upon its adoption:

*HB 1054:

The Senate Committee on Urban and County Affairs offered the following amendment:

Amend HB 1054 by adding after "court;" on line 4 of page 1 the following:

"to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, so as to change the provisions relating to the compensation of the chief magistrate and magistrates;".

By adding following the word "County" on line 9 of page 1 the following:

"and the chief magistrate of the Magistrate Court of Chatham County".

By adding between lines 11 and 12 of page 2 the following:

"Section 2. An Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, is amended by striking from Section 2 of said Act the following:

'The chief magistrate shall receive compensation as provided by Code Section 15-10-23 of the O.C.G.A.'

Section 3. Said Act is further amended by striking from subsection (d) of Section 3 of said Act the following:

'A magistrate appointed under subsection (c) of this section shall receive such compen sation as shall be fixed by the governing authority of Chatham County, but the chief magis trate may recommend the amount of such compensation to said governing authority.'

Section 4. Said Act is further amended by adding, following Section 3, a new Section 3.1 to read as follows:

'Section 3.1. (a) The chief magistrate shall receive an annual salary equal to the sum of a percentage of the annual salary of a judge of the superior court as paid by the state plus a percentage of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, such percentages to be computed as follows:

Calendar year

Percentage

1992

65 percent

1993

70 percent

1994 and each year thereafter

75 percent

(b) Magistrates, other than the chief magistrate, shall receive an annual salary equal to the sum of a percentage of the annual salary of a judge of the superior court as paid by the state plus a percentage of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court, such percentages to be com puted as follows:

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JOURNAL OF THE SENATE

Calendar year

Percentage

1992

60 percent

1993

65 percent

1994 and each year thereafter

70 percent

(c) The salaries provided in subsections (a) and (b) of this section shall be payable in equal monthly installments out of the treasury of Chatham County by the officers of said county authorized to pay out the funds of said county.'"

By deleting the quotation marks at the end of line 18 of page 2 and adding between lines 18 and 19 of page 2 the following:

"Chief magistrate of the magistrate court ................. $52,500.00 per annum' ".

By redesignating Sections 2 through 4 as Sections 5 through 7, respectively.

On the adoption of the amendment, the yeas were 44, nays 0, and the amendment was adopted.

The report of the committee, which was favorable to the passage of the bill 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 Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Foster

Garner Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry

Phillips Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Egan English Gillis

Henson Olmstead (excused) Pollard Ramsey

Shumake Tate Taylor Thompson

On the passage of the local bill, the yeas were 44, nays 0.

HB 1054, having received the requisite constitutional majority, was passed as amended.

FRIDAY, MARCH 15, 1991

2335

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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 House substitute to SB 324 was as follows:
A BILL
To be entitled an Act 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 licensing of motor vehicles, so as to make it unlawful for any person willfully to mutilate, 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 designation has been willfully mutilated, obliterated, de faced, altered, changed, or concealed; to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, so as to change certain provisions applicable to license plates for veterans awarded the Purple Heart; to change the minimum number of applications required before the special and distinctive license plate for veterans awarded the Purple Heart shall be designed and issued by the state revenue commissioner; to amend Code Sec tion 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; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article 1 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to general provisions concerning the registration and licensing of motor vehicles, is amended by striking in it entirety Code Section 40-2-6, relating to alteration of license plates, and inserting in lieu thereof a new Code Section 40-2-6 to read as follows:
"40-2-6. Except as otherwise provided in this chapter, any person who shall willfully mutilate, obliterate, deface, alter, change, or conceal any numeral, letter, character, county designation, or other marking of any license plate issued under the motor vehicle registra tion laws of this state; who shall knowingly operate a vehicle bearing a license plate on which any numeral, letter, character, county designation, or other marking has been will fully mutilated, obliterated, defaced, altered, changed, or concealed; or who shall knowingly operate a vehicle bearing a license plate issued for another vehicle and not transferred as provided by law shall be guilty of a misdemeanor."
Section 2. Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special plates for certain persons and vehicles, is amended by striking in its entirety subsection (b) of Code Section 40-2-84, relating to li cense plates for veterans awarded the Purple Heart, and inserting in lieu thereof a new subsection (b) to read as follows:
"(b) A veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. Said applicant may apply for and be limited to two (2) tags. The commissioner shall retain all applications received for such special and distinctive li cense plate until a minimum of 250 applications have been received. After receipt of 250 applications for such a distinctive license plate, the commissioner shall design a distinctive license plate as provided in subsection (c) of this Code section and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not re ceive the required minimum 250 applications no later than July 31 of the year preceding the

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JOURNAL OF THE SENATE

year of issuance of such plates, the commissioner shall not accept any applications for nor issue such distinctive license plates and all fees shall be refunded to applicants. The com missioner shall promulgate such rules and regulations as may be necessary to enforce com pliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such a special and distinctive license plate shall be $40.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compliance in instances where such vehicles have been transferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable."
Section 3. Code Section 40-8-92 of the Official Code of Georgia Annotated, relating to designation of emergency vehicles and flashing or revolving lights, is amended by adding at the end thereof a new subsection (d) to read as follows:
"(d) Except as provided in this subsection, it shall be unlawful for any person, firm, or corporation to operate any motor vehicle or to park any motor vehicle on public property with flashing or revolving green lights. This subsection shall not apply to any motor vehicle being used by any law enforcement agency, fire department, emergency management agency, or other governmental entity to designate the location of the command post for such agency, department, or entity at the site of an emergency."
Section 4. All laws and parts of laws in conflict with this Act are repealed.

Senator Ragan of the 32nd moved that the Senate agree to the House substitute to SB 324.

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

Those voting in the affirmative were Senators:

Albert Alien Baldwin Broun Burton
C~ o,eyman CDoelalling jj Echols Edge English Foster Gillis Hammill

Harris Hasty Hooks Huggins Kidd
LMaanrgafMored ,, ye Newbill Perdue Perrv Phillips Pollard Ragan of 10th Ragan of 32nd

Ramsey Ray Robinson Scott Starr
STtaetienberg rTraylior Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Bishop Bowen Dawkins Egan

Garner Henson Hill

Johnson Olmstead (excused) Shumake

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 324.

FRIDAY, MARCH 15, 1991

2337

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

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.

Senator Kidd of the 25th moved that the Senate recede from its disagreement and agree to the House amendment to the Senate substitute to HB 402.

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 Burton Clay Coleman Collins Deal Dean Echols Egan English Foster

Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry

Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White

Voting in the negative were Senators Shumake and Walker of 22nd.

Those not voting were Senators:

Dawkins Edge

Garner Olmstead (excused)

Robinson Walker of 43rd

On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate receded from its disagreement and agreed to the House amendment to the Senate substitute to HB 402.

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

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 Ramsey of the 54th moved that the Senate adhere to its disagreement to the House substitute to SB 172, and that a Conference Committee be appointed.

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JOURNAL OF THE SENATE

On the motion, the yeas were 35, nays 4; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 172.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Ramsey of the 54th, Ray of the 19th and Dean of the 31st.
The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Zell Miller, in communications to the Senate on February 12 and February 28, which appear in the Journal of March 7, 1991.
Senator Deal of the 49th asked unanimous consent that the reading of the appoint ments be dispensed with since they had been printed and distributed by the Secretary to each Senator, and that one roll call suffice on all appointments unless any Senator desig nated any appointee be deleted from the list and voted on individually. The consent was granted.
The Committee on Education submitted the following report which was read by the Secretary:
The State Senate Atlanta, Georgia 30334
March 8, 1991
The Honorable Hamilton McWhorter Secretary of the Senate The State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Education met on Friday, March 8, 1991 and considered the Governor's appointee to the State Board of Education and voted unanimously to recom mend to the Senate that the following appointee be confirmed:
Honorable Barbara T. King of DeKalb County term beginning March 13, 1991 and end ing January 1, 1992
Sincerely,
/s/ John C. Foster
The Committee on Higher Education submitted the following report which was read by the Secretary:
The State Senate Atlanta, Georgia 30334
March 11, 1991
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol, Room 351 Atlanta, Georgia 30334
Dear Mr. McWhorter:
The Senate Committee on Higher Education met on Thursday, February 28, 1991 and con sidered the Governor's appointees to the Board of Regents of the University System of

FRIDAY, MARCH 15, 1991

2339

Georgia and voted unanimously to recommend to the Senate that the following appointees be confirmed:
Honorable Joel H. Cowan of Fayette County, term beginning October 16, 1990 and ending January 1, 1995.
Honorable Juanita Powell Baranco of DeKalb County, term beginning February 12, 1991 and ending January 1, 1998.
Honorable Donald M. Leebern, Jr. of Muscogee County, term beginning February 12, 1991 and ending January 1, 1998.
Sincerely,
/s/ Joe Hammill

No Senator requested the name of any appointee be deleted.

On the confirmation, a roll call was taken, and the vote was as follows:

Those voting in the affirmative were Senators:

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 Perdue Perry Phillips Pollard

Those not voting were Senators:

Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Garner

Olmstead (excused)

Walker of 43rd

On the confirmation, the yeas were 53, nays 0, and all of the appointees were confirmed.

2340

JOURNAL OF THE SENATE

On the confirmation of the above appointees, the following communication was sent by the Secretary of the Senate to His Excellency, Governor Zell Miller:
Office of Secretary of the Senate 353 State Capitol
Atlanta, Georgia 30334
March 15, 1991
Honorable Zell Miller Governor State Capitol Atlanta, Georgia
Dear Governor Miller:
Under the rules of the Georgia State Senate governing confirmation of appointments submitted by you, I have the honor to report to you as follows:
Nominations sent to the Senate by you on February 12, 1991, and February 28, 1991, were acted upon by the Georgia State Senate in session on March 15, 1991, with the follow ing results:
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirma tion was yeas 53, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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

FRIDAY, MARCH 15, 1991

2341

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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The following named persons as members of the Georgia Agricultural Exposition Au thority for the term of office beginning July 1, 1990, and ending July 1, 1994: Michael R. Howren of Bartow County; and Patricia J. Steding of Gwinnett County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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, 1993. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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, 1991. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

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JOURNAL OF THE SENATE

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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 Gwinnett County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
Honorable Valerie J. Wages of Gwinnett County as a member of the State Board of Funeral Service for the term of office beginning May 2, 1990, and ending February 13, 1995. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
Honorable Stan D. Bearden of Bartow County as a member of the State Board of Registration for Professional Geologists for the term of office beginning November 24, 1990, and ending November 29, 1995. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.

FRIDAY, MARCH 15, 1991

2343

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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The following named persons as members of the Board of Human Resources for the term of office beginning April 18, 1990, and ending April 6, 1995: Honorable Lasa Y. Joiner of Fulton County; and Shirley W. Whitaker of Hall County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
Honorable LaVerne C. Ogletree of Morgan County as a member of the Georgia Magis trate Courts Training Council for the term of office beginning August 31, 1990, and ending August 7, 1992. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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, M.D., of Carroll County; Hugh Watts Randall, Jr., M.D., of DeKalb County; Charles T. Stafford, M.D., of Decatur County; James Weadick of Newton County; and Irma Mitchell Works of Muscogee County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
The following named persons as members of the Council of 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 vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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

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JOURNAL OF THE SENATE

Robert Sexson of Fulton County; and Roberta McNeill Smith, M.D., of Chatham County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The following named persons as members of the Composite State Board of Medical Examiners for the term of office beginning 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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nomi nee was confirmed.
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 Sep tember 6, 1991. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this con firmation was yeas 53, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confir mation was yeas 53, nays 0, and the nominee was confirmed.
Honorable Walter H. Maddox of Clayton County as a member of the State Board of

FRIDAY, MARCH 15, 1991

2345

Polygraph Examiners for the term of office beginning October 31, 1990, and ending July 15, 1994. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The following named persons as members of the Professional Standards Commission for the term of office beginning June 13, 1990, and ending November 1992: Rubye McClendon, Ed.D., of Fulton County; Deborah Simonds of DeKalb County; and Edward M. Wolpert, Ed.D., of Baldwin County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
Honorable Divida Gude of Fulton County as a member of the State Board of Examiners of Psychologists for the term of office beginning July 1, 1990, and ending July 1, 1995. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 end ing July 1, 1992. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 ending June 30, 1993. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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.

2346

JOURNAL OF THE SENATE

Wiley, Jr., of Bibb County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 Richmond County; and Louis W. Rice of Cobb County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 ert H. Evans of Stephens County; Charles A. Harris of Irwin County; and Betty Nunn Mori of Fulton County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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, 1991. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
The following named persons as members of the State Children's Trust Fund Commis sion for the term of office beginning June 30, 1990, and ending June 30, 1994: Maurice Daniels, Ed.D., of Clarke County; Phyllis Frankel of Fulton County; William A. Landers of Floyd County; Robert C. Sise of Thomas County; and Mary Jamerson Ward of Clayton County. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
Honorable Richard Puckett 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, 1993. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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

FRIDAY, MARCH 15, 1991

2347

term of office beginning August 30, 1990, and ending August 17, 1991. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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 vote on this confirmation was yeas 53, nays 0, and the nominee was confirmed.
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. The vote on this confirmation was yeas 53, nays 0, and the nominees were confirmed.
Sincerely,
/s/ Hamilton McWhorter, Jr. Secretary of the Senate

The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon:

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 alcoholic bev erage while operating a motor vehicle.

The Conference Committee report on HB 11 was as follows:
The Committee of Conference on HB 11 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 11 be adopted.
Respectfully submitted,

FOR THE SENATE:
Is/ Charles C. Clay Senator, 37th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Henry Bostick Representative, 138th District

2348

JOURNAL OF THE SENATE

/s/ Sonny Perdue Senator, 18th District
/s/ Arthur B. Edge Senator, 28th District

/a/ Dick Lane Representative, 27th District
/s/ Harry D. Dixon Representative, 151st District

Conference Committee substitute to HB 11:

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 two 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)(l)(A) of Code Section 405-57, 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 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 ........ 2 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 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 subject to a fine not to exceed $200.00.
(d) A county or municipal corporation ordinance which imposes more stringent restric-

FRIDAY, MARCH 15, 1991

2349

tions on the possession of alcoholic beverages in vehicles than those imposed by this Code section shall not be preempted by this Code section."
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Edge of the 28th moved that the Senate adopt the Conference Committee re port on HB 11.

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 Burton Clay CCoollleimnsan
DDeaawl kins Echols Edge Egan English Foster

Garner Gillis Hammill Harris Hasty Henson Hill Hooks JKoihdndson
LMaanrgafbolred Moye Newbill Perdue Perry Phillips

Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Starr QSt, em. b, erg
,Ti!h"oempson Timmons Turner Tysinger Walker of 22nd White

Voting in the negative were Senators Shumake and Walker of 43rd.

Those not voting were Senators:

Dean Huggins

Olmstead (excused)

Taylor

On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate adopted the Conference Committee report on HB 11.

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

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.

Senator Garner of the 30th moved that the Senate recede from its disagreement and agree to the House substitute to SB 197.

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

2350

JOURNAL OF THE SENATE

Those voting in the affirmative were Senators:

Albert Alien Baldwin
Bishop Bowen Burton
C^ L/ooliyleinmsan Dawkins Echols Edge English Foster Garner Gillis

Hammill Harris Hasty
Henson Hill Hooks
KTLaidndgf,.ordj Marable Mye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray
Robinson Scott Shumake
SSOJtt.eamr rbi_erg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd

Those not voting were Senators:

Broun Deal Dean Egan

Huggins Johnson Olmstead (excused)

Ramsey Taylor White

On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate receded from its disagreement and agreed to the House substitute to SB 197.

The following message was received from the House through Mr. Ellard, the Clerk thereof:

Mr. President:

The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference on the part of the House to confer with a like Com mittee on the part of the Senate on the following bill of the House:

HB 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.
The Speaker has appointed on the part of the House, Representatives Randall of the 101st, Martin of the 26th and Cummings of the 134th.
The House has adopted, as amended, by the requisite constitutional majority the fol lowing resolution of the Senate:

SR 198. By Senators Harris of the 27th, Gillis of the 20th, Collins of the 17th and others:
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.

FRIDAY, MARCH 15, 1991

2351

The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
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.
The House substitute to SB 325 was as follows:
A BILL
To be entitled an Act 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 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. Article 1 of Chapter 12 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions regarding damages, is amended by striking Code Section 5112-14, relating to the procedure for demand of unliquidated damages in tort actions and when interest may be recovered, in its entirety and inserting in its place a new Code Section 51-12-14 to read as follows:
"51-12-14. (a) Where a claimant has given written notice by registered or certified mail to a person against whom claim is made of a demand for an amount of unliquidated dam ages in a tort action and the person against whom such claim is made fails to pay such amount within 30 days from the mailing of the notice, the claimant shall be entitled to receive interest on the amount demanded if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the amount demanded. However, if, at any time after the 30 days and before the claimant has withdrawn his demand, the person against whom such claim is made gives written notice by registered or certified mail of an offer to pay the amount of the claimant's demand plus interest under this Code section through the date such notice is given, and such offer is not accepted by the person making the demand for unliquidated damages within 30 days from the mailing of such notice by the person against whom such claim is made, the claimant shall not be entitled to receive inter est on the amount of the demand after the thirtieth day following the date on which the notice of the offer is mailed even if, upon trial of the case in which the claim is made, the judgment is for an amount not less than the sum demanded pursuant to this Code section.
(b) Any written notice referred to in subsection (a) of this Code section may be given on only one occasion and shall specify that it is being given pursuant to this Code section.
(c) The interest provided for by this Code section shall be at the rate of 12 percent per annum and shall begin to run from the thirtieth day following the date of the mailing of the written notice until the date of judgment.
(d) Evidence or discussion of interest on liquidated damages, as well as evidence of the offer, shall not be submitted to the jury. Interest shall be made a part of the judgment upon presentation of evidence to the satisfaction of the court that this Code section has been complied with and that the verdict of the jury or the award by the judge trying the case without a jury is equal to or exceeds the amount claimed in the notice.
(e) This Code section shall be known and may be cited as the 'Unliquidated Damages Interest Act.' "

2352

JOURNAL OF THE SENATE

Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Deal of the 49th moved that the Senate agree to the House substitute to SB 325.

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
Burton Clay Coleman Collins
Echols Egan English
Foster Garner

Gillis Hammill Harris
Hasty
Hill Huggins
Kidd Marable Newbill 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

Those not voting were Senators:

Dawkins Deal Dean
Edge

Henson Hooks Johnson
Langford

Moye Olmstead (excused) White

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 325.

The following resolution of the Senate was taken up for the purpose of considering the House amendment 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.

The House amendment was as follows:

Amend SR 198 by adding after the word "that" on line 15 of page 2 the following:
"no such lease shall be executed without the prior approval of the fiscal affairs subcom mittees of the Senate and the House of Representatives meeting jointly as one committee and provided further that".

Senator Harris of the 27th moved that the Senate agree to the House amendment to SR 198.

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

FRIDAY, MARCH 15, 1991

2353

Those voting in the affirmative were Senators:

Alien Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Echols Egan English Foster Harris

Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th

Ragan of 32nd Ray Robinson Scott Shumake Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert
Baldwin Dean Edge

Garner
Gillis Hammill Kidd

Olmstead (excused) Ramsey Tysinger

On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 198.

The following bills of the House and Senate were taken up for the purpose of consider ing the Conference Committee reports thereon:

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.

The Conference Committee report on HB 272 was as follows:
The Committee of Conference on HB 272 recommends that the Senate recede from its position and that HB 272 as it passed the House of Representatives be adopted.
Respectfully submitted,

FOR THE SENATE:
M Wayne Garner Senator, 30th District
/s/ R. Joseph Hammill Senator, 3rd District
/s/ Culver Kidd Senator, 25th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Hugh Boyd Pettit III Representative, 19th District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ George F. Green Representative, 106th District

2354

JOURNAL OF THE SENATE

Senator Garner of the 30th moved that the Senate adopt the Conference Committee report on HB 272.

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
Cloalveman Collins Dawkins Deal Dean Echols Edge Egan English Foster

Garner Harris Hasty Henson Hill
Hguggkisns Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ray Robinson Scott
SShtaurmr ake ,, *a , Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Gillis

Hammill Moye Olmstead (excused)

Ramsey Steinberg Thompson

On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 272.

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 Conference Committee report on SB 357 was as follows:
The Committee of Conference on SB 357 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 357 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ John C. Foster Senator, 50th District
/s/ J. Nathan Deal Senator, 49th District
/s/ C. Donald Johnson Senator, 47th District

FOR THE HOUSE OF REPRESENTATIVES:
/s/ Thomas M. Kilgore Representative, 42nd District
/s/ Roy H. Watson, Jr. Representative, 114th District
/s/ Terry L. Coleman Representative, 118th District

FRIDAY, MARCH 15, 1991

2355

Conference Committee substitute to SB 357:
A BILL
To be entitled an Act 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 provide for restrictions on the use of such funding; to provide for audits and inspections; to provide for withholding of funds; to provide for discontinuation of funding; 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. Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, is amended by adding a new Code Section 50-7-12.1 to read as follows:
"50-7-12.1. (a) The State of Georgia is authorized to participate, through and by the Department of Industry, Trade, and Tourism, in the implementation of the Local Welcome Center Program. Funds appropriated for this program shall be used only in connection with the operation of local welcome centers. The agency operating a local welcome center shall be a nonprofit organization and each such center shall be operated primarily as a welcome center. State participation in the program shall be implemented annually by contract. Any reduction in the appropriation to the department for this program shall result in a pro rata reduction in funding to all participating local welcome centers. In no event shall any funds from the regular operating budget of the department be utilized for participation in such program.
(b) State participation funds may be used for improvements requested by the depart ment to a local welcome center, including but not limited to updating of the required dis plays, and for up to one-half of the general operating expenses of a local welcome center. Such state participating funds for any such center shall be disbursed in $2,500.00 or $5,000.00 or $10,000.00 grants. No more than $10,000.00 shall be expended in any one fiscal year for the operation of a local welcome center in any single county.
(c) In order to qualify for state participation funding, a local welcome center shall:
(1) Have an annual visitation total of 2,000 or more persons for a $2,500.00 grant or 5,000 or more persons for a $5,000.00 grant or 10,000 or more persons for a $10,000.00 grant;
(2) Be in operation for one full year prior to requesting state participation funds;
(3) Be open to the public year round, closing only on New Year's Day, Thanksgiving, and the following day, and Christmas Eve and Christmas Day;
(4) Be open a minimum of five and one-half days per week for a $5,000.00 grant or a minimum of six days per week for a $10,000.00 grant;
(5) Be located on or immediately adjacent to an established, heavily traveled highway with adequate directional signs to the local welcome center;
(6) Have adequate permanent brochure racks accessible to the public for promotional literature. Brochure supplies must be 50 percent on state-wide travel and 50 percent on local tourism;
(7) Have an ongoing tourism program stressing local tourist attractions;
(8) Have a full-time manager and such full-time or part-time staff as necessary, who shall undergo, within 90 days of employment, training established by the department. The manager shall complete the following training:
(A) One day of training working at a Georgia Visitor Information Center and one day of training working at a local welcome center. The location of such training shall be deter mined by the coordinator of the Local Welcome Center Program;

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(B) An annual visit to all area attractions and a good working knowledge of state-wide points of interest;
(C) Attending the annual local welcome center managers meeting; and
(D) Participation in one training tour annually; and
(9) Be accessible to the handicapped visitor.
(d) The department shall provide the operating agency with a guideline handbook list ing informational contacts, departmental policies, and promotional ideas as well as training aids useful in the operation of a local welcome center.
(e) (1) Agencies operating a local welcome center shall maintain separate accounts for any receipts and expenditures involving state participation funds. Agencies shall furnish the program coordinator, within 90 days after execution of an annual contract, with:
(A) A certified financial statement by an independent auditor of the center's total re ceipts and expenditures for the previous year, including a list of each center employee and his salary and expenses, and a list of sources of center income by category; and
(B) A summary statement of the number of visitors served at the local welcome center in the previous fiscal year.
(2) Fifty percent of fourth quarter state participation funds shall be withheld pending receipt of a copy of such audit report, and fiscal year adjustments shall be made, if neces sary, based upon such audit report. State funds for the operation of a local welcome center for the first quarter of any fiscal year will not be disbursed until receipt of a satisfactory audit report of the center's total receipts and expenditures for the previous year. Quarterly state participation funds may be withheld at any time if a local welcome center is not in strict compliance with the department's criteria for the operation of local welcome centers.
(f) The Department of Industry, Trade, and Tourism, or its authorized representatives, shall inspect the premises and records of all local welcome centers annually at any time during reasonable business hours.
(g) The effectiveness and performance of each local welcome center shall be analyzed prior to the execution of each annual contract. If the effectiveness or performance of a local welcome center is determined by the department to be below a reasonable standard, the department may elect to discontinue funding said local welcome center if corrective action is not taken by the center within 14 days after receipt of notice from the department."
Section 2. This Act shall become effective July 1, 1992.
Section 3. All laws and parts of laws in conflict with this Act are repealed.

Senator Foster of the 50th moved that the Senate adopt the Conference Committee report on SB 357.

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 Coleman Collins Dawkins Deal Dean

Echols Edge English Foster Garner Hammill Harris Hasty Henson Hill Hooks

Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th

FRIDAY, MARCH 15, 1991

2357

Ragan of 32nd Ramsey
Robinson Scott Shumake

Starr Tate
^or Thompson Timmons

Turner Tysinger
Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Bishop Egan

Gillis Johnson

Olmstead (excused) Steinberg

On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 357.

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

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 House amendment was as follows:

Amend SR 72 by striking "10" on Line 16, page 2 and inserting "5".

Senator Dawkins of the 45th moved that the Senate agree to the House amendment to SR 72.

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

Those voting in the affirmative were Senators:

Alien Baldwin Bishop Bowen
Broun Burton
C,fyman
CDUj-jtoaetW lwalmjKklSiInlBs Dean Echols Edge English Foster Hammill

Harris Hasty Henson Hill
Hooks Huggins
JKoihdndson
TL_M_aanrgafrb.ol.redj Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray
- Robinson Scott
SShtaurmr ake
rm TTnaaytiel|or Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Albert Egan Garner

Gillis Olmstead (excused)

Steinberg Thompson

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On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SR 72.
The President introduced His Excellency, Governor and Mrs. Zell Miller, and Governor Miller addressed the Senate.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment, as amended by the House, to the following bill of the House:
HB 1054. By Representatives Bordeaux of the 122nd, Hamilton of the 124th, Mueller of the 126th, Merritt of the 123rd, Kingston of the 125th and others: A bill to amend an Act creating the State Court of Chatham County, so as to change the compensation of the judges of the state court; to amend an Act pro viding for the compensation of certain officials in Chatham County, so as to de lete the provisions relating to compensation of judges of the State Court of Chat ham County.
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 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 Speaker has appointed on the part of the House, Representatives Twiggs of the 4th, Thomas of the 69th and Groover of the 99th.
The House has adopted the report of the Committee of Conference on the following bill of the Senate:
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 Deal of the 49th, President Pro Tempore, briefly addressed the Senate.
Lieutenant Governor Howard briefly addressed the Senate.
The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:
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

FRIDAY, MARCH 15, 1991

2359

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 Conference Committee report on SB 71 was as follows:
The Committee of Conference on SB 71 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 71 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ John C. Foster Senator, 50th District
/s/ J. Nathan Deal Senator, 49th District
/s/ Sallie Newbill Senator, 56th District

FOR THE HOUSE: OF REPRESENTATIVES:
/a/ Thomas Kilgore Representative, 42nd District
/s/ Larry Walker Representative, 115th District
/s/ Terry L. Coleman Representative, 118th District

Conference Committee substitute to SB 71:

A BILL
To be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide that the State Board of Education may delegate certain powers to the State School Superintendent; to provide for a duty-free lunch period for teachers; to provide for the exchanging of lunch periods for compensation or benefits; to prevent the lengthening of the school day as a re sult of required duty-free lunch periods; to provide for statutory construction with regard to certain appropriations; to change the eligibility requirements for remedial education pro grams; to provide for salary increases for persons selected as Georgia Teacher of the Year and for statutory construction; 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; to provide for re ports; to change the functions subject to certain comprehensive evaluations; to provide for the designation of schools which exceed expectations and exempt them from evaluation for certain functions; to provide for certain schools and districts which have had standards re views; to provide for other matters relating to the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating elementary, secondary, and adult education, is amended by striking Code Section 20-2-11, relating to supervision of the Department of Education by the State Board of Education, and inserting in its place a new Code section to read as follows:
"20-2-11. The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and may delegate to the State School Superintendent the authority to employ and dismiss such cleri cal employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the Superintendent in the payment of salaries and travel expense of

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employees and for printing, communication, equipment, repairs, and other expenses inci dental to the operation of the department."
Section 1.1. Said chapter is further is amended by striking subsection (a) of Code Sec tion 20-2-154, relating to remedial education, and inserting in its place a new subsection 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 are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective read ing, mathematics, or writing deficiencies beginning fiscal year 1992. The following students shall be eligible for remedial education services, except as provided in subsection (b) of this Code section:
(1) Students in grades two through five and nine through 12 may be eligible for services if they meet two or more of the following criteria:
(A) The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;
(B) The student has been retained in the grade;
(C) The student is receiving services under Part A of Chapter 1 of Title 1 of the Ele mentary and Secondary Education Act of 1965, as amended by the Augustus F. Hawkins--Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (Public Law 100-297);
(D) The student has been recommended by the teacher who has documented any of the following student information:
(i) Low performance in the reading series system;
(ii) Low performance in the math series; or
(iii) The student is unable to verbally express ideas and cannot write or dictate a mean ingful sentence; or
(E) Current test information in the student file indicates the student has a score at or below the 25 percentile; and
(2) Students in grades two through five and nine through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (lEP's) specify that they meet the eligibility require ments specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies.
No more than 25 percent of the school population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; pro vided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent."
Section 1.2. Said chapter is further amended by adding immediately following Code Section 20-2-212, a new Code section to read as follows:
"20-2-212.1. Any person who has been selected as Georgia Teacher of the Year, as de termined by the State Board of Education, shall be moved up one salary step on the state salary schedule or receive an equivalent percentage rate increase in state salary to become effective on and after the beginning of the next school year in which the person is employed in the public schools of this state. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is otherwise eligible. This Code section shall not be construed to require or prohibit any increase in the local supple ment payable to such teacher."

FRIDAY, MARCH 15, 1991

2361

Section 2. Said chapter is further amended by adding after Code Section 20-2-217, re lating to professional and staff development stipends, a new Code section to read as follows:
"20-2-218. (a) Every teacher who is employed in grades K-5 for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee's being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time. The implementation of this duty-free lunch period shall be mandated to the extent that state financial support is provided to each school district for such purposes for the fiscal year 1992 only.
(b) Nothing in this Code section shall be construed to prevent any teacher from ex changing that teacher's lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent's agent, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.
(c) The implementation of this Code section may not result in a lengthened school day.
(d) If necessary where due to extreme economic conditions or an unforeseen and una voidable personnel shortage, a local unit of administration may require a teacher otherwise entitled to duty-free lunch period to supervise students during such lunch period but for no more than one day in any school week.
(e) Notwithstanding any of the foregoing provisions of this Code section to the con trary, nothing in this Code section shall require the General Assembly to appropriate funds for the implementation of the duty-free lunch program; provided, however, that any such funds appropriated for this purpose shall be used by local school systems for duty-free lunch periods for classroom teachers in grades K through 5."
Section 3. Said chapter is further amended by adding to Code Section 20-2-250, relating to projects to improve effectiveness, a new subsection (d) to read as follows:
"(d) (1) In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, and the Department of Human Resources to evaluate all submitted proposals and to submit appro priate recommendations to the state board.
(2) Pilot projects must meet the following criteria:
(A) Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education;
(B) Develop a plan for such a pilot project using an interdisciplinary committee com posed of students, parents, educators, and representatives from business, the community, the Department of Human Resources, and others as appropriate;
(C) Ensure that the plan for the pilot project becomes a component of the local strate gic plan;
(D) Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earn ings to carry out those means, and objective and other criteria to be met which will deter mine the success or failure of the new programs;

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(E) No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct in structional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2167 as modified by the new program categories described in the local system's proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than would have been required under the original formula calculations and expenditure requirements; and
(F) No funds may be expended for transitional programs, such as transitional kinder garten or first grade.
(3) The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services.
(4) All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board.
(5) The pilot projects shall report annually to the Appropriations and Education com mittees of the House of Representatives and the Senate."
Section 4. Said chapter is further amended by striking paragraph (1) of subsection (a) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, 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 the 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 5. Said chapter is further amended by adding between subsections (e) and (f) of Code Section 20-2-282, relating to comprehensive evaluations of schools and systems, a new subsection to read as follows:
"(e.l) The state board shall, subject to the requirements of subparagraph (a)(l)(D) of

FRIDAY, MARCH 15, 1991

2363

this Code section, establish criteria for determining whether local schools significantly ex ceed expectations based on performance of students in educational programs. A school's expectation shall be calculated based on the demographic characteristics of its student body, so as to allow for comparisons between schools to be made on an equitable basis. Local schools which score in the highest 25 percent of a demographic group of comparable schools will be deemed to be significantly exceeding expectations in a given year and designated as 'high-achieving schools.' Schools designated as high-achieving schools will not be subject to comprehensive evaluations for those functions described in subparagraph (a)(l)(B), (a)(l)(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 6. This Act shall become effective July 1, 1991, but Section 3 of this Act shall become effective July 1, 1991, for the 1992-1993 school year.
Section 7. All laws and parts of laws in conflict with this Act are repealed.

Senator Newbill of the 56th moved that the Senate adopt the Conference Committee report on SB 71.

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 Br<>un urton
CC.-, oollyleimnsan Dawkins j)eaj Dean Echols Edge Egan English Foster

Garner Gillis Harris Hasty Henson Hill Huggins
J,,Ko.ihd,nd,son Langford Marable Moye Newbill Perdue Perry Phillips Pollard

Ragan of 10th Ragan of 32nd Ramsey Ray Scott Shumake Starr
S,,Ttaetienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White

Those not voting were Senators:

Hammill Hooks

Olmstead (excused)

Robinson

On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 71.

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

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

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knowingly sell any real or personal property in exchange for any criminally de rived property.

Senator Taylor of the 12th moved that the Senate adhere to the Senate amendments to HB 324, and that a Conference Committee be appointed.

On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate adhered to the Senate amendments to HB 324.

The President appointed as a Conference Committee on the part of the Senate the following:
Senators Taylor of the 12th, Edge of the 28th and Dawkins of the 45th.

The following resolution of the Senate was read and put upon its adoption:

SR 341. By Senator Deal of the 49th:
A resolution relative to adjournment by the General Assembly sine die at 7:02 o'clock P.M. on Friday, March 15, 1991.

On the adoption of the resolution, the yeas were 42, nays 0.

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

The following bill of the Senate was taken up for the purpose of considering the Confer ence Committee report thereon:

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 Conference Committee report on SB 172 was as follows:
The Committee of Conference on SB 172 recommends that both the Senate and the House of Representatives recede from their positions and that the House Committee on Public Safety substitute to SB 172 be adopted.
Respectfully submitted,

FOR THE SENATE:
/s/ Tom Ramsey Senator, 54th District
/s/ Nathan Dean Senator, 31st District
/s/ Walter S. Ray Senator, 19th District

FOR THE HOUSE OF REPRESENTATIVES:
is/ Denmark Groover Representative, 99th District
/s/ Charles A. Thomas, Jr. Representative, 69th District
/s/ Ralph Twiggs Representative, 4th District

Senator Dean of the 31st moved that the Senate adopt the Conference Committee re port on SB 172.

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

FRIDAY, MARCH 15, 1991

2365

Those voting in the affirmative were Senators:

Albert Alien Baldwin Bishop Bowen Broun Burton Clay Coleman Collins Dawkins Deal Dean Bchols Edge Egan English

Foster Garner Gillis Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips

Those not voting were Senators:

Pollard Ragan of 32nd Ramsey Ray Robinson Scott Shumake
Steinberg Tntp J. ClVC
Taylor Thompson Timmons Turner Tysinger Walker of 22nd White

Hammill Huggins

Olmstead (excused) Ragan of 10th

Starr Walker of 43rd

On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on SB 172.

The following resolutions of the Senate were read and adopted:

SR 339. By Senators Taylor of the 12th, Shumake of the 39th, Hooks of the 14th and others:
A resolution honoring the Reverend E. James Grant.

SR 340. By Senator Shumake of the 39th: A resolution honoring Dr. Johnnetta B. Cole.

SR 342. By Senators Walker of the 22nd, Albert of the 23rd, Perdue of the 18th and others:
A resolution honoring Senator Walter Ray.

SR 343. By Senators Langford of the 35th and Tate of the 38th:
A resolution recognizing the Culturally Specific Treatment Enhancement Pro gram (C-Step).

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SR 344. By Senators Scott of the 36th, Steinberg of the 42nd, Thompson of the 33rd and others:
A resolution commending the Georgia Council on Aging.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bills of the Senate:
SB 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 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 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.
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 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.

FRIDAY, MARCH 15, 1991

2367

The House has adopted by the requisite constitutional majority the following resolu tions of the Senate:
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.
SR 190. By Senators Coleman of the 1st, Thompson of the 33rd, Hill of the 4th and others:
A resolution creating the Joint Study Committee for Regional Development Centers.
The House has adopted by the requisite constitutional majority the following resolution of the House:
HR 500. By Representatives Porter of the 119th, Godbee of the 110th, Lane of the lllth, Oliver of the 121st, Patten of the 149th and others: A resolution designating the K.T. Kennedy Reef.
The House recedes from its position in amending the following bill of the Senate:
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 House has adopted the report of the Committee of Conference on the following bills of the House:
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.
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 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.

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JOURNAL OF THE SENATE

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.
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.
HB 63. 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 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 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 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 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 285. 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 make and provide appropriations for the State Fiscal Year beginning July 1, 1991 and ending June 30, 1992.
HB 361. By Representative Barnett of the 10th:
A bill to create the Cumming-Forsyth County Unification Commission.
The House has adopted the report of the Committee of Conference on the following bills of the Senate:
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.

FRIDAY, MARCH 15, 1991

2369

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.
SB 71. By Senators Newbill of the 56th, Foster of the 50th and Collins of the 17th:
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 House has agreed to the Senate substitutes to the following bills of the House:
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 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 730. By Representatives Selman of the 32nd, Abernathy of the 39th, Lane of the 27th, Felton of the 22nd, Campbell of the 23rd and others:
A bill to provide that each resident of the Fulton County School District who is 65 years of age or over or permanently disabled and whose gross income from all sources, including the gross income of the resident's spouse and all persons resid ing within the homestead, does not exceed $30,000.00 per annum shall be granted an exemption from all Fulton County School District ad valorem taxes for educa tional purposes on the full value of such person's homestead owned and occupied by such person as a residence.
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 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.

2370

JOURNAL OF THE SENATE

The House has agreed to the Senate amendments to the following bills of the House:
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 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.
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 518. By Representative Holmes of the 28th: A bill to amend an Act providing for urban enterprise zones in the City of At lanta, as amended, so as to add provisions with respect to the creation of certain zones for residential purposes.
HB 1022. By Representative Ware of the 77th: A bill to amend an Act establishing an independent school system for the City of Hogansville, so as to revise provisions relating to ad valorem school taxes.
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 bona fide agricultural purposes, so as to change certain provisions relating to the beginning date of a covenant period.
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.
The House has agreed to the Senate amendment, to the House substitute, to the follow ing bill of the Senate:
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-

FRIDAY, MARCH 15, 1991

2371

moval costs and damages; to provide for liability with respect to certain responsi ble parties.
The House has agreed to the Senate amendment, to the House substitute, to the follow ing resolution of the Senate:
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.
The House has agreed to the Senate amendments to the following bill and resolution of the House:
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.
HR 441. By Representatives Thomas of the 69th, Simpson of the 70th and Kilgore of the 42nd: A resolution creating the Joint Capital Outlay Study Committee.
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 341. By Senator Deal of the 49th: A resolution relative to adjournment.
The following communication from Honorable Max Cleland, Secretary of State, was read by the Secretary:
Secretary of State Elections Division 110 State Capitol Atlanta, Georgia
30334 March 15, 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 March 15, 1991. The list is numbered 1059 through 1062.
Most sincerely, Is/ Max Cleland
Secretary of State
Attachments:
Received by /s/ Hamilton McWhorter, Jr.

2372

JOURNAL OF THE SENATE

STATE OF GEORGIA Office of Secretary of State

I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of persons numbered 1059 through 1062, who have registered in the Docket of Legislative Appearance as of March 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 March, 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.

1059. Larry M. Dingle



999 Peachtree Street

Suite 1700

Atlanta, Georgia 30309

(404)870-1900

Chambers Development Company

Incorporated of Georgia

Palmetto Industrial Development

Incorporated

1060. Marige Pitts Hames

2671 Rivers Road NW

Atlanta, Georgia 30305

(404)266-8451

Georgia Abortion Providers

1061. Charles T. Autry 2100 East Exchange Place Tucker, Georgia 30085-1349 (404)270-7945 Oglethorpe Power Corporation
1062. Deborah L. Sheppard 1083 Austin Avenue Atlanta, Georgia 30307 (404)659-5675 Campaign For A Prosperous Georgia

The following report of the Committee on Enrolling and Journals was read by the Secretary:

Mr. President:

The Committee on Enrolling and Journals has read and examined the following Senate bills and resolutions and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:

SB 27.

SB 143.

SB 401.

SB 161.

SB 77.

SB 252.

SB 402.

SB 112.

SB 80.

SB 323.

SB 403.

SB 160.

SB 83.

SB 376.

SB 404.

SB 41.

SB 130.

SB 385.

SB 406.

SB 46.

SB 175.

SB 414.

SB 419.

SB 67.

SB 221.

SB 449.

SB 428.

SB 68.

SB 361.

SR 106.

SB 437.

SB 88.

SB 94.

SR 140.

SB 446.

SB 96.

SB 101.

SR 233.

SB 454.

SB 133.

SB 110.

SB 235.

SR 90.

SB 154.

SB 123.

SB 349.

SB 158.

SB 176.

FRIDAY, MARCH 15, 1991

2373

SB 183.

SB 184.

SB 186.

SB 192.

SB 208.

SB 212.

SB 243.

SB 257.

SB 258.

SB 281.

SB 321.

SB 366.

SB 386.

SR 41.

SB 26.

SB 34.

OoTrJi

GQOC.

SB 42.

SB 48.

SB 54.

SB 57.

SB 97.

SB 98.

SB 153.

SB 163.

SB 207.

SB 209.

SB 213.

SB 214.

SB 241.

SB 282.

SB 283.

SB 311.

SB 324. SB 335. SB 357. SB 389. SB 405. SB 82. SB 95. SB 217. SB 238. SB 382. SB 398. SB 39. SB 72. SB 99. SB 100. SB 107. SB 171. SB 178. SB 180. SB 197. SB 222. SB 223. SB 229. SB 279. SB 299. SB 346. SB 374. SB 443. SB 71. SB 93. SB 126. SB 142.

SB 162. SB 169. SB 188. SB 202. SB 225. SB 300. SB 312. SB 328. SB 342. SB 347. SB 362. SB 396. SB 416. SR 198. SB 58. SB 63. SB 64. SB 103. SB 120. SB 172. SB 177. SB 179. SB 196. SB 201. SB 224. SB 272. SB 309. SB 313. SB 325. SB 327. SB 332. SB 338.

SB 348. SB 359. SB 367. SB 368. SB 370. SB 375. SB 399. SB 407. SB 442. SB 76. SB 167. SB 230. SB 267. SB 293. SB 329. SB 373. SR 15. SR 39. SR 40. SR 42. SR 44. SR 45. SR 55. SR 67. SR 68. SR 94. SR 96. SR 122. SR 129. SR 213. SR 235. SR 72.

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

The President announced at 7:01 o'clock P.M. that, pursuant to SR 341 adopted previ ously, the Senate would stand adjourned sine die.

INDEX

2375

Senate Journal Index
1991 Regular Session

INDEX

2377

PART I

SENATE BILLS AND RESOLUTIONS

SB

1--Surrogate Parentage Contracts; void, unenforceable

with compensation .................................................. 79

SB

2--Cruise Vessels as Gambling Places Operating on

Coastal Waters ..................................................... 79

SB

3--Coroners; autopsies; consent requirements; exception ................... 79

SB

4--Campaign Contributions; limitations; candidates

for public office .................................... 79, 180, 196, 219, 223

SB

5--Multiyear Lease Purchase; local school systems; voter approval.......... 80

SB

6--Counties, Municipalities; multiyear lease purchase contracts............. 80

SB

7--AFDC Recipients of Public Assistance; school

attendance required ................................................. 80

SB

8--AFDC Children; GIERA educational assistance, trust program .......... 80

SB

9--Concert Promoters; ticket advertisements; disclose

lip synched music ................................................... 80

SB 10--Water; residential service; unpaid charges;

responsible party..................................... 80, 183, 1165, 1214

SB 11--Merchants; information required to cash a check; restrictions ........... 80

SB 12--Public Assistance; recipient checks; banks required to cash. ............. 81

SB 13--Retailers; payment by U.S. Currency; accept any

denomination ................................................... 81, 925

SB 14--Transportation; Department; contracts; bids;

disadvantaged business enterprises.................................... 81

SB 15--Military Practice Maneuvers in Residential Areas;

notify residents ..................................................... 81

SB 16--Claims Against the State; compensation

resolutions; introduction ............................ 81, 105, 117, 128, 163

SB 17--Merit System; sick leave; accumulation,

utilization; absence notice....................... 81, 105, 118, 128, 163, 164

SB 18--Campaign Contributions; limitations; candidates

for public office ................................ 81, 105, 118, 128, 163, 165

SB 19--Child Support; amount computed net income;

special circumstances ................................................ 82

SB 20--Campaign Contributions; political action

committees; disclosure ..................... 82, 105, 118, 128, 163, 165, 166

SB 21--Snakes; poisonous reptiles; use in religious

services prohibited ... 82, 195, 216, 250, 252, 253, 269, 284, 296, 456, 475, 645

SB 22--Campaign Literature, Materials; regulation of;

misleading endorsers ........................... 82, 105, 118, 128, 163, 166

SB 23--State Employees; Political Activities; authority to

engage ........................................ 82, 105, 118, 128, 163, 167

SB 24--State Employees; Classified Service; weekend

on-call time; payments ......................... 82, 105, 118, 128, 163, 168

SB 25--Candidates Nominated by Political Bodies;

qualifying petitions............................. 82, 105, 118, 128, 163, 168

SB 26--Eastern Judicial Circuit; Superior Court;

Chatham County; sixth judgeship......... 83, 180, 196, 219, 224, 1302, 2373

SB 27--Chatham County; State Court; clerk; appointment;

removal; interim clerk ............................ 83, 126, 127, 1302, 2372

SB 28--Insurers; notice of rate filings; newspaper publication ................... 83

SB 29--Evidence; closed circuit TV testimony of child victims.................. 83

SB 30--Environmental Protection Division; director; appointment............... 83

2378

JOURNAL OF THE SENATE

SB 31--University System; provide new full-tuition scholarship program ............... 83, 671, 718, 762, 779, 806, 833, 933, 947
SB 32--Remedial Education Programs; expand services certain grade levels................................. 84, 304, 348, 411, 437
SB 33--Coroners and Deputies; qualifications; training; death investigations .................................... 84, 245, 278, 311
SB 34--Business Development Corporations; approval of loan applications ............................... 84, 125, 142, 184, 547, 2373
SB 35--Housing; low-income housing development credits; revenue bond cap ................... 84, 125, 142, 184, 185, 340, 2373
SB 36--Georgia Poultry Products Inspection Act; enact ........................ 84 SB 37--University System; provide new full-tuition scholarship program........ 84 SB 38--GBI; investigation of local law enforcement officers, agencies ............ 84 SB 39--Credit Cards, Check Consumer Transactions;
merchants; violations ................................... 85, 125, 142, 184, 185, 1692, 1726, 1830, 1835, 1999, 2092, 2152, 2373
SB 40--Environmental Protection Division; director; appointment............... 85 SB 41--Probate; wills and administration of estates;
changes; clarifications. .............. 85, 180, 196, 219, 225, 2152, 2167, 2372 SB 42--Revenue Bonds; validation proceedings; content of
petitions ............................... 85, 117, 126, 163, 169, 2151, 2373 SB 43--Fulton County; Ad Valorem Tax; proposed rate
increase; procedures; public notice ....... 85, 305, 307, 308, 1158, 1200, 2150 SB 44--Counties; Tax Assessor Boards; elections; General
Assembly provide local Act ........................... 85 SB 45--Firearms; pistols, revolvers; applicants for
license; investigate ............. 100, 793, 846, 890, 904, 909, 917, 1116, 1117 SB 46--Probate Courts; Judges Retirement Fund; board of
commissioners; additional member ....... 101, 180, 196, 219, 226, 1429, 2372 SB 47--Probate; judges; retirement; cost-of-living benefits; calculations ......... 101 SB 48--War Veterans Nursing Homes; Augusta,
Milledgeville; administrators ................. 101, 215, 247, 284, 2152, 2373 SB 49--Fiscal Affairs Subcommittees of Senate; selection of members .......... 101 SB 50--Joint Legislative Commission on Future Strategies; creation.... 101, 927, 963 SB 51--Evidence; rules; new OCGA Title 24, extensive
revision ............................. 101, 180, 196, 219, 250, 268, 311, 333 SB 52--Alcoholic Beverages; open containers; possession
while driving ..................................... 102, 405, 450, 493, 501 SB 53--Peace Officers; reserve officers; authority to
carry firearms .................................... 102, 181, 196, 219, 227 SB 54--General Assembly Members; reimbursable expenses;
documentation ......................... 102, 195, 216, 250, 254, 2152, 2373 SB 55--Lobbyists; persons representing state agencies;
registration ....................................... 102, 180, 197, 219, 229 SB 56--Tax Executions; administration fee may include
attorneys' fees ............................ 102, 180, 197, 219, 230 SB 57--Sexual Assault of Probationer, Parolee in
Custody, penalty ......... 102, 181, 197, 220, 231, 233, 250, 2147, 2180, 2373 SB 58--Offenses of Feticide by Vehicle; definitions;
penalties ......................... 103, 181, 197, 220, 231, 2100, 2110, 2373 SB 59--GBI; scientific reports; drug test results;
admissible evidence ............................... 103, 278, 305, 355, 356 SB 60--Probate; judges; retirement; creditable service; benefit calculation... 112 SB 61--Probate; judges; retirement; membership; employees of such fund ..... 113 SB 62--Probate Court Judges; nonpartisan primaries and
elections; procedures .............................. 113, 180, 197, 220, 232

INDEX

2379

SB 63--Hancock County; Magistrate Court; chief magistrate; compensation .............................. 113, 142, 161, 1250, 1274, 2373
SB 64--Milledgeville, City of; Mayor and Aldermen; compensation ....................... 113, 142, 162, 749, 812, 878, 896, 2373
SB 65--Retail Grocery Stores; food product price labeling; requirements........ 113 SB 66--Insurance; offense of fraud; felony penalty. .......... 113, 180, 197, 220, 233 SB 67--Zoning Actions; conflict of interest disqualifying
local officials. ..................... 114, 672, 718, 762, 779, 2100, 2111, 2372 SB 68--Handicapped Persons; independent living; personal
assistance program ................ 114, 216, 247, 284, 286, 1672, 1749, 2372 SB 69--Veterans' Driver's Licenses; qualifications ........... 114, 195, 217, 250, 256 SB 70--Evidence; closed circuit TV testimony of child victims................. 114 SB 71--Local Schools and Systems; evaluation of; amend various provisions .... 114,
304, 348, 411, 412, 2147, 2235, 2299, 2301, 2327, 2358, 2369, 2373 SB 72--Bribery, Offense of; abuse of governmental office;
state "Hobbs Act" ................ 114, 195, 217, 250, 257, 1671, 1742, 2373 SB 73--Property Subject Forfeiture Under Controlled
Substances Act ................................... 114, 278, 306, 355, 357 SB 74--Public Safety Department; Law Enforcement Services,
Training Academies; create new department, a commissioner; divisions and directors; "Super-Chief Bill". .......... 115, 278, 306, 355, 363 SB 75--Drivers' Licenses; applicant fingerprint information requirements .......................... 115, 195, 217, 250, 259 SB 76--Austell, City of; Mayor and Council; powers, duties, ineligibility; administrative supervisor ............. 115, 717, 721, 1103, 2373 SB 77--Cobb County; Board of Commissioners; expenditure of funds to employ consultants ..................... 115, 846, 850, 1157, 2372 SB 78--Cobb County; Board of Commissioners; elections; districts; terms ....... 115 SB 79--Insurers; summary of financial condition and rate filing. ................................... 115, 639, 672, 723, 738, 763, 784 SB 80--Austell, City of; Ad Valorem Taxes; homestead exemption; owner occupied residences.............. 121, 717, 721, 920, 2372 SB 81--Driver's License; issuance; vision standards; bioptic telescope users ................ 121, 195, 217, 250, 259, 311, 332, 355 SB 82--Real Estate Appraisers; licensing; certification; qualifications ..................... 121, 180, 197, 220, 233, 1671, 1688, 2373 SB 83--Cobb County; Board of Commissioners; landfills; new site restrictions ................................. 122, 246, 249, 1103, 2372 SB 84--Unsolicited Merchandise; prohibited actions .......................... 122 SB 85--Grand Juries; volume of presentments requires second grand jury........................................ 122, 216, 247, 284, 287 SB 86--Charitable Grants by Counties of More than 550,000; conditions ................................................. 122, 845, 885 SB 87--Medical Records; access by long-term care ombudsman programs ......................... 122, 195, 217, 250, 259, 1671, 1750, 1830 SB 88--Transportation; Acquisition of Property; hearings on amount of compensation; testimony..... 122, 716, 755, 851, 856, 2151, 2372 SB 89--Racetracks or Speedways; vehicle exhaust; noise devices.......................... 122, 278, 305, 355, 397, 647, 679, 681, 683 SB 90--Sandy Springs, City of; incorporation subject to a referendum. . 123, 305, 307 SB 91--DUI; blood alcohol concentration level; lower to 0.05 grams ............ 123 SB 92--Teachers Retirement; eligibility; less than 30 years service ............. 123 SB 93--Patients; orders not to resuscitate; procedures; conditions ..... 123, 640, 673,
722, 727, 1957, 2039, 2121, 2135, 2165, 2318, 2368, 2373 SB 94--Hazardous Waste Management Authority; powers;
composition; appointees. ........... 123, 246, 278, 311, 335, 1670, 1723, 2372

2380

JOURNAL OF THE SENATE

SB 95--Georgia Housing and Finance Authority Act; enact ........................ 123, 405, 450, 493, 505, 523, 2050, 2245, 2373
SB 96--Environmental Facilities Authority; at large members; qualifications ................. 123, 180, 197, 220, 234, 2151, 2372
SB 97--Environmental Policy Act; enact. . . 124, 216, 247, 284, 291, 1923, 1924, 2373 SB 98--Stone Mountain Memorial Association; add two
members; selection; terms................ 124, 180, 198, 220, 235, 810, 2373 SB 99--Lake Lanier Islands Development Authority; add two
members; selection; terms............... 124, 180, 198, 220, 236, 1429, 2373 SB 100--World Congress Center Authority; board of governors;
eleven members........... 124, 304, 348, 412, 414, 494, 556, 614, 1429, 2373
SB 101--Consumers' Utility Counsel; management; personnel; extend to 1995................. 124, 142, 181, 200, 201, 1779, 1789, 2372
SB 102--Environmental Protection Division of DNR; director; appointment, salary; advisory council........ 124, 216, 247, 284, 292, 1946, 2059, 2100, 2244, 2308
SB 103--Ad Valorem Taxes; assessment; appeal procedures; filing tax returns .................... 124, 142, 181, 200, 202, 666, 687, 2373
SB 104--At-risk Children and Youth; services; goals; effectiveness measures ............................. 125, 552, 642, 679, 683
SB 105--Children and Youth Legislative Overview Committee; creation .......................................... 125, 552, 642, 680, 684
SB 106--State Employees; grievances; filing procedures . . . 138, 1211, 1259, 1318, 1333 SB 107--Therapeutic Recreation; certified personnel;
license qualifications ................... 138, 245, 278, 311, 315, 1800, 2373 SB 108--Teachers Retirement; 30 years of service; early retirement ............. 138 SB 109--Employees' Retirement System; Creditable Service;
out-of-state teaching service......................................... 138
SB 110--Insurance; Motor Vehicle; extensive revisions; repeal of no-fault laws; coverage requirements; rate filings; rollback certain rates........... 138, 347, 406, 455, 458, 556, 647, 652, 1571, 1694, 2372
SB 111--DUI; alcohol concentration level of 0.10 grams; presumption ........... 138 SB 112--District Attorneys, State Court Solicitors; ordered
military duty ........................... 139, 246, 278, 311, 324, 877, 2372 SB 113--DUI; alcohol concentration level; lower presumptive
level ......................................... 139, 246, 278, 311, 325, 351 SB 114--Controlled Substances Act; property forfeiture cases; procedures........ 139 SB 115--License Plates; staggered registration periods; early registration ........ 139 SB 116--License Pates; Staggered Registration Periods;
uniformity in deadlines; alternatives ................................. 139 SB 117--Flags or Bunting; material flammability standards. .................... 139 SB 118--Pistols and Revolver Sales; 7-day wait period; purchaser records check . . 139 SB 119--Municipalities; corporate boundaries; minimum
distance exception ................................ 140, 195, 217, 250, 260 SB 120--Bingo Games; licensure; exception; nonprofit games
operated for patients .............. 140, 246, 278, 311, 325, 1671, 1707, 2373 SB 121--Teachers; creditable service; certain graduate study ................... 140 SB 122--Peace Officers' Benefit Fund; purchase prior service credit; time limit. . . 140 SB 123--Child Welfare, Placing Agencies; redefine;
licensing; approval ..................... 140, 552, 642, 680, 685, 1800, 2372 SB 124--Fulton County; Ad Valorem; millage rates; determination; certification . . 140 SB 125--Health Care Facilities, Hospitals; Certificate of
Need; abolition of the Health Planning Agency ....................... 174 SB 126--Egg Products; poultry producers, handlers, sellers;
food standards; licensure................ 174, 448, 483, 556, 622, 1429, 2373 SB 127--Rockdale Judicial Circuit; additional judge;
Rockdale County. ................................. 174, 305, 348, 412, 414

INDEX

2381

SB 128--Infectious Diseases or HIV infected; transferred inmates; disclosure to receiving correctional institutions ....... 174, 245, 279, 311, 326
SB 129--Atlanta, City of; Ordinances; contracts for criminal justice facilities ..... 174 SB 130--Girls and Women in Sports Day in Georgia; designate
in February ........................... 174, 245, 279, 311, 327, 1430, 2372
SB 131--Bad Checks; issuance for construction labor or material debt ..................................... 174, 640, 673, 723, 738
SB 132--Architects, Landscapers, Engineers, Contractors; intent to defraud; theft; conversion of payments for property improvements ...... 175
SB 133--Land Use Restrictions; covenants running with land; continuation ...................... 175, 347, 406, 455, 458, 2050, 2054, 2372
SB 134--Motor Vehicles; uninsured vehicles removed by police; proof of coverage ............................................ 175
SB 135--Reapportionment; Legislative, Congressional Redistricting; procedures; public hearings. ............................ 175
SB 136--Reapportionment; Data, Materials Used Redistricting Purposes; public access ............................................. 175
SB 137--Reapportionment; Legislative, Congressional Redistricting; procedures; plans, requirements, public access; introduction as a bill; census geography . . . . 175
SB 138--Reapportionment; Legislative, Congressional Redistricting; population criteria, specifications, boundaries; judicial review ..................... 175
SB 139--Reapportionment; Legislative, Congressional Redistricting; procedures; committee; public hearings, records access; plans; population criteria; judicial review ............................................. 176
SB 140--Gasoline Products Containing Alcohol; labeling of pump dispensers ..... 176 SB 141--QBE; funds allotted local systems; calculation;
minimum annual increase ........................................... 176
SB 142--Oil or Hazardous Substance Spills or Releases; reporting; definitions .............. 176, 347, 406, 455, 459, 1429, 1544, 2373
SB 143--Patients; Surgical or Medical Treatment; persons authorized to give consent ................ 176, 245, 279, 311, 328, 412, 435, 494, 556, 616, 619, 646, 648, 1671, 1781, 2372
SB 144--Minority Business Enterprises; procurement of state contracts ........................... 176, 641, 673, 762, 782, 851, 857
SB 145--Concert Ticket Price Scalping Prohibited; penalty. . . 176, 640, 673, 723, 737 SB 146--Public Records Disclosure; exempt certain internal investigatory
records of law enforcement or peace officers ..... 177, 641, 673, 762, 770, 772 SB 147--Murder, Offense of; infliction of an injury and resultant death ......... 177 SB 148--Teachers; membership; employees of Department
of Technical and Adult Education ................................... 189
SB 149--Superior Court Judges; creditable service; state court judge or solicitor . . 189 SB 150--Handguns, Pistols; regulate sales; purchaser criminal history
and mental health record check ................ 189, 449, 483, 556, 623, 631 SB 151--Credit Cards; financial transaction card theft; offense of taking ......... 190
SB 152--Billboards; Outdoor advertising Along State Highways; prohibited trimming ...................................... 190
SB 153--Appellate Judges Beyond Age 75; exception to mandatory retirement ................... 190, 305, 349, 412, 415, 665, 2373
SB 154--Corporations; insurable interest, life of officers, directors, employees ........... 190, 449, 483, 556, 646, 649, 1430, 1542, 2372
SB 155--Compulsory School Attendance; maximum age; change to 17; exemptions ............................ 190, 404, 450, 493, 521, 2291
SB 156--Alcoholic Beverages; possession open container in vehicle; penalty .................................................... 190
SB 157--Habitual Violators; excessive speeding; roads, speed limits defined .............. 191, 449, 483, 556, 647, 650, 723, 744, 746

2382

JOURNAL OF THE SENATE

SB 158--Bus Shelters for Passengers of Public Systems; issuance of permits................ 191, 406, 450, 493, 522, 1431, 1591, 2372
SB 159--Dentistry; practicing without a license; felony penalty .......................................... 191, 245, 279, 311, 328
SB 160--Auctioneers; licensure; continuing education; reciprocity; fees ....................... 191, 405, 450, 493, 523, 1670, 2372
SB 161--Auctions, Auctioneers; Education, Research and Recovery Fund; creation; license fees; judgment claims; payments . . 191, 405, 450, 493, 524, 1670, 2372
SB 162--Financial Institutions; suspicious criminal activities; reports; civil liability immunity.......... 212, 303, 349, 412, 419, 2366, 2373
SB 163--Charitable Organizations Soliciting Contributions; registration ......... 212, 303, 349, 412, 419, 1671, 1754, 2373
SB 164--Peace Officers; Training Fund; disbursement; allocation; state and local officers ................... 212, 348, 406, 455, 460
SB 165--Public Officials; elected; ineligible employment for certain period ..... 212 SB 166--State Employees; Retirement System; spouse
beneficiary predeceases retired member ......................... 213 SB 167--Georgia Education Authority (University);
membership; projects .................. 213, 304, 349, 412, 420, 1800, 2373 SB 168--Interior Designers; registration; certification;
licensure; permits ............................... 213, 405, 450, 493, 529 SB 169--Municipalities; contracts; property used parks
and recreation ................. 213, 304, 349, 412, 421, 1428, 1519, 2373 SB 170--Hospital Liens; claims; filing; time period ......... 213, 347, 406, 455, 461 SB 171--Courts; Civil and Criminal Cases; fees for services
of sheriffs; change................. 213, 348, 407, 455, 461, 2147, 2302, 2373 SB 172--State Patrol; education requirements; disciplinary
board composition ............ 213, 348, 407, 455, 464, 717, 762, 775, 1779, 2171, 2308, 2337, 2358, 2364, 2373
SB 173--Airports; acquisition of property extraterritorially; consent required ...................................... 214, 641, 673
SB 174--Local Legislation; notice of intention to introduce; advertisement .......................... 214, 640, 673, 762, 773
SB 175--Local Government; Bond Proceeds; investments in certain securities ................... 214, 303, 349, 412, 422, 1430, 2372
SB 176--State Officials; duties; annual reports to General Assembly; method ......... 214, 716, 755, 806, 826, 1779, 1785, 2372
SB 177--Corrections; Boot Camps; special alternative incarceration units; probation condition .............. 242, 305, 349, 412, 424, 840, 852, 2373
SB 178--Testimony of Child 10 Years Old or Younger via Closed Circuit TV 242, 348, 407, 455, 464, 494, 556, 619, 2102, 2129, 2373
SB 179--Oil Discharges or Spills; removal costs; responders; facility permits ........ 242, 347, 407, 455, 464, 2142, 2370, 2373
SB 180--Georgia Fund for Technical and Adult Education, Inc.; employee charitable contributions . . 242, 346, 407, 455, 465, 1428, 1533, 2373
SB 181--Cosmetologists; registration; renewal of certificates; requirements .......... 243, 346, 407, 455, 466, 1211, 1269, 1293
SB 182--Fire Sprinkler System Required in Nursing Homes; Medicaid providers......................... 243, 552, 642, 680, 686, 687
SB 183--State Purchasing; contracts; sealed bids; minority business enterprises ........ 243, 346, 407, 455, 466, 494, 556, 620, 2147, 2184, 2373
SB 184--Property; Willful Damage or Theft; owner's right of action; recovery of damages ..... 243, 754, 794, 851, 853, 2063, 2087, 2373
SB 185--Municipal Solid Waste Landfills; proximity ground-water recharge area .................................. 243
SB 186--Long-term Care; security of resident's funds; bank letter of credit...................... 243, 348, 407, 455, 466, 2152, 2373

INDEX

2383

SB 187--Correctional Officers; service retirement allowance at age 55............ 243 SB 188--Geologists; registration; qualifications; specialty
certification ....................... 244, 346, 408, 455, 467, 2366, 2373 SB 189--Legislative Services Committee; Membership Chairman of Senate Banking
and Financial Institutions Committee ...... 244, 346, 408, 455, 468, 840, 874 SB 190--Insurance; Health Plans; public school teachers,
employees, state employees ....... 272, 307, 405, 451, 493, 533, 546, 555, 558 SB 191--Driver's License; suspension; failure to timely
pay traffic fines ................................... 273, 552, 642, 680, 690 SB 192--Health Strategies Council; creation; organization; functions; purpose; Health
Policy Council abolished . 273, 347, 408, 455, 493, 495, 497, 1946, 2048, 2373 SB 193--University System; Admission, Graduation
Requirements; modify for disabled students .......................... 273 SB 194--Midwifery; practice without certificate of authority; penalty ............ 273 SB 195--Tennessee Valley Authority; Payments in Lieu of Taxes;
apportioned share of gross power sales ... 273, 405, 451, 493, 546, 723, 743 SB 196--Water Pollution Control; Sewage Discharge from CSOs; plans to
eliminate or treat ...... 273, 347, 408, 455, 493, 497, 501, 555, 557, 840, 2373 SB 197--Land Surveyors; regulation; redefine "land
surveying". ............ 273, 793, 846, 890, 898, 2261, 2294, 2327, 2349, 2373 SB 198--Educational Reinvestment Act for Aid to Families
with Dependent Children ....................................... 274 SB 199--Veterans' Driver's Licenses; qualifications .......... 274, 716, 755, 806, 819
SB 200--Counties; chief executive officer, members; salaries; adjustments ............. 274, 717, 755, 806, 813, 814, 837, 890, 916
SB 201--Ad Valorem Tax; equalized adjusted school property tax digest; assessment-ratio studies by state auditor; exclusions ............... 274, 716, 755, 806, 817, 1852, 1902, 2373
SB 202--Municipal Gas Pipeline or Distribution Systems; acquisition; certificates; factors, purchase price; rate base . 274, 405, 451, 493, 555, 608, 2366, 2373
SB 203--Law Enforcement Officers and Agencies; Complaints Against Officers; procedures; discipline; rights; review..... 298, 353, 717, 755
SB 204--Fulton County; Board of Education; property; contract of conveyance; reversionary interest.......................... 299
SB 205--Atlanta, City of; School Bonds; issuance without referendum; repeal constitutional amendment......................... 299
SB 206--Telephones; public pay phone; free emergency call to fire or police ... 299 SB 207--Spalding County; Homestead Exemption; disabled
persons; substantiate eligibility ................... 299, 406, 410, 1571, 2373 SB 208--Child Custody; state policy on contact with
parents, grandparents ......... 299, 1113, 1168, 1223, 1227, 2063, 2094, 2373 SB 209--Certificate of Need; facilities; acquisition or restructuring;
applications; indigent patient care ....... 299, 639, 674, 723, 741, 2151, 2373 SB 210--Child Custody; best interest of child criteria .... 300, 449, 484, 556, 647, 650 SB 211--Long-Term Care Facilities; violations; closure; relocation of residents;
receivership as alternative ..................... 300, 672, 718, 762, 763, 768 SB 212--Long-term Care; patient abuse; confidentiality of
reports; immunity ................. 300, 552, 642, 680, 690, 1853, 2071, 2373 SB 213--Nursing and Personal Care Homes; Violations; post cited deficiencies;
distribute to residents ......... 300, 717, 755, 806, 814, 835, 2021, 2079, 2373 SB 214--Cobb County; Commission on Children and Youth;
tax-exempt status; extend to 1994 ................ 300, 406, 410, 1103, 2373 SB 215--Rivers From Which Drinking Water Drawn; prohibit
landfill within V4 mile ....................................... 300 SB 216--Education; Student Tutors Often Prevent Dropout
(STOP) Program......................................... 300

2384

JOURNAL OF THE SENATE

SB 217--QBE Formula; modify program weights; instructional costs; local fair

share funds; media centers; capital outlay funds; teacher benefits ....... 301,

716, 756, 806, 820, 1887, 2031, 2373

SB 218--Interstate Highways; enforcement; limit powers of

municipal officers .................................................. 301

SB 219--Cockfighting, Offense of; felony penalty; definition .................... 301

SB 220--General Assembly; former members; issuance of

identification cards ............................ 301, 405, 451, 493, 555, 609

SB 221--Macon-Water Commissioners Employees Pension Plan;

employer contributions ........................... 301, 406, 411, 957, 2372

SB 222--Hearing Aid Dealers; licensing of dispensers, apprentices; nonresidents;

membership of state board......... 301, 405, 451, 493, 555, 610, 1429, 2373

SB 223--Jasper County Economic Development Authority Act;

enact ..................................... 341, 449, 454, 2261, 2293, 2373

SB 224--Inmates; Probation Supervision; misdemeanor cases,

Probate and Magistrate Courts .....

341, 641, 674, 722, 732, 1800, 2373

SB 225--Fulton County; Residential Rodent Control; free to

certain residents ........................... 341, 754, 759, 1431, 1590, 2373

SB 226--Fulton County; Board of Commissioners; Chairman;

terms of office ........................................... 341, 1378, 1381

SB 227--Fulton County; Legal Defense of Indigent Persons;

bail bond fees to supplement ....................................... 341

SB 228--Mobile Homes; owners, parks, associations; practices, procedures ..... 342

SB 229--Vital Records; confidentiality of documents kept

judicial offices ......................... 342, 672, 718, 762, 768, 1958, 2373

SB 230--Motor Vehicle Chop Shop and Stolen and Altered

Property Act; enact .................... 342, 641, 674, 722, 731, 1958, 2373

SB 231--Atlanta, City of; Board of Education; referendum

approving student uniforms ......................................... 342

SB 232--Bail Bonds; posting of cash; evidence of legal source for cash ......... 342

SB 233--Teacher Preparation Programs; requirements; subject area course work . 342

SB 234--Medicaid; prescription drug prior authorization requirements........... 342

SB 235--Health; Agencies Regulated by Department of Human

Resources; violations; license denials, restrictions;

procedures ....................... 343, 448, 484, 556, 647, 651, 1670, 2372

SB 236--Funerals and Funeral Establishments; Construction

on Property Dedicated for Cemetery Use ...... 343, 639, 674, 722, 723, 2101

SB 237--Fulton County; Sales of Copper Wiring Prohibited

Without Certain Clearance ......................................... 400

SB 238--Attorneys; Civil Practice; continuances; absence of

counsel serving armed forces ............ 400, 716, 756, 806, 829, 1670, 2373

SB 239--Elections; Campaigns; limitations on expenditures; violations; penalty . . . 400

SB 240--Landfills; disposal restrictions; household hazardous waste,

recyclable wastepaper, yard trash, bottles, cans ....................... 400

SB 241--Miller County; Motor Vehicles; designated

registration periods............................... 400, 483, 491, 840, 2373

SB 242--Landfills; Disposal Facilities; "active CERCLIS

sites"; prohibited permits ........................................... 401

SB 243--Laundries, Cleaners, Dyers, Tailors; liens; sale of

goods to satisfy ................... 401, 794, 846, 890, 909, 1852, 1897, 2373

SB 244--Air Transportation; Georgia Airport Development

Authority created .......................................... 401, 641, 674

SB 245--Employees' Retirement System; Creditable Service;

age 55 with 10 years; Department of Corrections ...................... 401

SB 246--Superior Courts; Clerks; recording fees; criminal

bond forfeitures; exempt sheriffs............................. 401, 926, 963

SB 247--Motorcycle Riders, Passengers; protective headgear requirements ....... 401

INDEX

2385

SB 248--Tobacco Products; Sales to or Purchase by Persons Under age 18 prohibited ........................... 402
SB 249--Teachers Retirement; Alternative Service Retirement Allowance at 55 years of Age ............................. 402
SB 250--Fulton County; Board of Commissioners; chairman, members; compensation..................................... 402, 793, 846
SB 251--Tobacco Products; Regulate Use, Nonuse in Public Places; smoking and nonsmoking areas; prohibit discriminatory employment practices . . . 402
SB 252--Harlem, City of; mayor, council; time of election, taking office; terms ...................... 441, 552, 554, 555, 958, 978, 2372
SB 253--Atlanta, City of; Councilmembers; duties; deposits of unexpended public funds ......................................... 441
SB 254--Municipal Water Companies; applicant IDs; unpaid charges; notices; liens.......................................... 441, 1168
SB 255--Offense of Simple Battery Against Police Officers, Law Enforcement Dogs; punishment ................ 441, 793, 847, 890, 912
SB 256--Employment; Discriminatory Practices; refusal to hire or penalize for lawful activities during nonworking hours ................. 441
SB 257--Clayton County; Superior Court; deputy clerk; compensation; civil service benefits ............... 442, 552, 554, 1570, 2373
SB 258--Clayton County; State Court; deputy clerk; compensation; civil service benefits ............... 442, 552, 554, 1570, 2373
SB 259--Insurance; Health; maternity benefits; infertility treatment, in vitro fertilization coverage ........................................ 442
SB 260--Juvenile Proceedings; delinquency or deprivation; hearings, records, files; public inspection, disclosure conditions ...................... 442, 754, 795, 851, 890, 891, 901, 2261
SB 261--Atlanta, City of; Public Events $1.00 admission Tax; authorize imposition ........................................... 442
SB 262--Superior Courts; judges; elected by electors in single-member districts . 442 SB 263--Superior Courts; judges; repeal election, provide for appointment....... 442 SB 264--Superior Courts; judges; revise election method; number of judgeships
each circuit; conditioned upon ratified constitutional amendment ....... 443 SB 265--Cruise Ships, Passenger Vessels; Licensed Sale
of alcoholic beverages authorized ............................ 443, 754, 795 SB 266--Teachers Retirement; creditable service; private school teaching ........ 443 SB 267--Deeds or Other Instruments of Commercial
Agencies; execution under seal; validity . 443, 644, 793, 847, 890, 1801, 2373 SB 268--Biomedical Waste; thermal treatment facilities;
permit limitations ........................ 443, 1167, 1214, 1268, 1269, 1274 SB 269--Technology Related Assistance for Individuals with Disabilities Act; enact;
establish state commission, trust fund for loans ...... 443, 884, 927, 970, 971 SB 270--Fulton County; Board of Commissioners; new
landfill site selection; actions restricted..................... 444, 1309, 1314 SB 271--Timber Revenue Fund; create to fund public hunting, fishing areas . 444, 640 SB 272--Natural Resources Department; volunteer services
program established ............... 444, 640, 674, 762, 769, 1923, 1947, 2373 SB 273--DUI; persons convicted multiple times; punishment ................... 444 SB 274--Driver's License; suspension periods; habitual violators; plea of nolo
contendere; penalties; reinstatement conditions .... 444, 927, 963, 1116, 1118 SB 275--DUI; blood alcohol concentration level; lower to 0.10%; presumption. . . 444 SB 276--Motor Vehicles and Traffic; Habitual Violators;
redefine; multiple arrests within certain period........................ 445 SB 277--Driver's License; suspension; 2nd conviction; reinstatement period ...... 445 SB 278--Driver's License; Suspension; failure to pay fines
within imposed time limit .......................................... 445

2386

JOURNAL OF THE SENATE

SB 279--Counties, Municipalities; actions against officers, employees; furnishing a defense of such persons .......... 479, 671, 718, 762, 774, 1671, 1836, 2373
SB 280--Ad Valorem Tax; Exemption; armed forces veterans post headquarters; statewide referendum ................... 479, 1165, 1214
SB 281--Hospital Authorities; expand area of operations; financial assistance for nursing, health care training ....... 479, 716, 756, 806, 826, 1692, 1826, 2373
SB 282--State Militia; orders for state active duty; purposes; conditions .................... 479, 716, 756, 806, 831, 1958, 2373
SB 283--Juvenile Proceedings; detention of accused; imposed freedom restraints ....... 479, 718, 756, 806, 812, 2261, 2295, 2373
SB 284--Emergency Medical Vehicles; intravenous fluids regulations ....................................... 480, 883, 928, 970, 977
SB 285--Privileged Communications; Persons Officially Performing Investigatory Duties; truthful reports. ........ 480, 845, 885, 933
SB 286--Railroads; Grade Crossing Elimination; division of costs; shared parties ............................ 480, 794, 847, 890, 897
SB 287--Horses; equine activities; shows, fairs; competitions, boarding; injury risks; notices; liability; immunity ............. 480, 715, 756, 806, 829
SB 288--District Attorneys; Emeritus; delete retirement restriction on practicing private law. ................................. 480
SB 289--Emergency 911 Telephone Systems; public safety answering point; advance subscriber billing.......... 548, 716, 756, 806, 832, 1428, 1457, 2150
SB 290--Driver's License; Suspension; controlled substance or marijuana possession; time period ................ 548, 845, 885, 933, 934
SB 291--Office Hours for Probate Court Judges, County Tax Officials .......................................... 548, 845, 885, 933, 936
SB 292--Health Care Insurers; preferred provider arrangements ................ 548
SB 293--Whitfield County; Magistrate; new full-time position beginning 1992.......................... 548, 672, 678, 1426, 2373
SB 294--Hospital Authorities; area of operation; expand other city, county ........................ 548, 1112, 1168, 1269, 1286, 1297
SB 295--Judicial Nominating Commission; provide for; recommend candidates . . . 549 SB 296--Firefighters' Bill of Rights; allegations; rights
under interrogation......................................... 549, 884, 928 SB 297--Telephone Companies; unlawful disclosure
customer's personal records .................... 549, 1165, 1214, 1269, 1272 SB 298--Douglas County; Board of Commissioners; filling
of vacancies ..................................... 549, 672, 679, 840, 1099 SB 299--Contact Lenses; persons licensed to dispense;
opticians, optometrists............. 549, 883, 928, 970, 978, 1852, 1893, 2373 SB 300--MARTA; Unresolved Collective Bargaining Issues;
judicial determination ............ 549, 1378, 1382, 1384, 1389, 1958, 2373 SB 301--Stone Mountain Judicial Circuit; Superior Court;
tenth judgeship; DeKalb County. ................ 634, 962, 1113, 1174, 1176 SB 302--Death Investigations; autopsy; tissues retained for additional study ..... 549 SB 303--Deprived Children; placement in foster care; periodic case reviews ...... 550 SB 304--Indigent Defense; local programs; bail bondsmen fees to finance ........ 550 SB 305--Civil Actions; Actions Behalf of Injured Minor
Child; period of limitation ......................... 550, 794, 847, 890, 896 SB 306--Elections; Candidates Receiving Plurality of
Votes Cast; nomination or election................................... 550 SB 307--Auto Rental Companies; require vehicle registration, licensing .......... 634
SB 308--Surety Bonds; Forfeiture; principal failure to appear court; conditions not warrant................................. 634
SB 309--Insurance; Motor Vehicle; accident reports, victims; commercial solicitation prohibited ............. 635, 845, 885, 933, 938, 1779, 1786, 2373

INDEX

2387

SB 310--Attorneys; Civil Practice; continuances; absence of counsel serving General Assembly ................ 635, 754, 795, 890, 914
SB 311--Agricultural Operations, Farm Products, Growing Crops; denned ....... 635, 715. 756, 806, 827, 1672, 1707, 1860, 1883, 2020, 2153, 2262, 2373
SB 312--DUI Risk Reduction Programs; qualifications; operator certification; fees; school bus driver DUI convictions, punishment ........... 635, 794, 847, 890, 902, 1852, 1919, 2373
SB 313--Academic Diplomas, Records; falsifying documents; fraudulent use ............ 635, 793, 847, 890, 903, 2063, 2065, 2373
SB 314--Brunswick Judicial Circuit; superior court; fifth judgeship......................................... 635, 794, 847, 890, 909
SB 315--Deprived Children; placement in foster care; periodic case review ............................... 636, 884, 928, 970, 979
SB 316--Fulton County; Superior Court; clerks; revise fees for services .............................................. 636, 1309, 1379
SB 317--Fulton County; Superior Court; clerks; fees; domestic civil cases ............................... 636, 846, 885, 933, 941
SB 318--Fulton County; Superior Court; clerks' fees; 1990 population classification ........................... 636, 846, 885, 933, 942
SB 319--Food Caterers; Alcoholic Beverage Licenses; eligibility; food service, event permits ........................ 667, 754, 795
SB 320--Trade Secrets; theft; offense of misappropriation defined; penalty............................... 667, 1212, 1260, 1317, 1319
SB 321--Eatonton, City of; Corporate Limits; change ...................... 667, 754, 759, 1303, 1356, 1361, 1412, 1528, 2018, 2153, 2373
SB 322--Death Investigations; autopsies; limited dissection; suspicious deaths, report of persons admitted hospitals unconscious state . . . 667, 962, 1113, 1174, 1179
SB 323--Workers' Compensation; State Board; office of senior administrative law judge........ 668, 754, 795, 851, 852, 1958, 2372
SB 324--Motor Vehicles and Traffic; Equipment; restrict use of flashing lights; license plates, prohibit alteration; issuance of special veterans plates.................... 668, 884, 928, 970, 980, 2325, 2335, 2373
SB 325--Tort Actions; Unliquidated Damages Interest Act; enact ......................... 668, 962, 1113, 1174, 1181, 2325, 2351, 2373
SB 326--Banking and Finance; Interest; collectable interest rate on judgements . . 668 SB 327--Gwinnett County Arts Facility Authority; creation . 668, 754, 759, 1302, 2373 SB 328--Student Assessment, Testing; instruments, procedures, policies ......... 668,
716. 757, 806, 810, 1671, 1822, 2020, 2029, 2118, 2153, 2181, 2373 SB 329--Rabun County; Board of Education; appoint future
school superintendents; referendum ............... 669, 754, 759, 2000, 2373 SB 330--Sex Education; include teach abstinence to prevent pregnancy, disease . . 669 SB 331--Cobb County; Board of Education; employee
deductions; dues checkoff services ................................... 669 SB 332--Powder Springs, City of; amend charter ........... 669, 754, 797, 1206, 2373 SB 333--Taxidermists; licensing requirements; create
state examining board .............................................. 712
SB 334--Griffin Judicial Circuit; superior court; fourth judgeship......................................... 712, 794, 847, 890, 910
SB 335--Intake and Probation Services of Juvenile Courts; transfer to state-wide system; conditioned upon funding ... 712, 883, 928, 970, 980, 2151, 2373
SB 336--Pawnshop Transactions; vehicle storage fees ... 713, 1167, 1214, 1269, 1275 SB 337--Probate Courts; Judges Retirement Fund;
eligibility; age 55 with 10 years of service ............................ 713 SB 338--Psychology, Practice of; Licensing; requirements; qualifications;
sanctions; provisional.............. 749, 845, 886, 933, 942, 2325, 2327, 2373 SB 339--Removal Improperly Parked Cars; liens for storage
fees; foreclosure............................... 749, 1167, 1214, 1269, 1282

2388

JOURNAL OF THE SENATE

SB 340--Employees' Retirement System; Creditable Service; forfeited leave; conditions ........................................... 750
SB 341--Peace Officers' Benefit Fund; membership; 16 years of service .......... 750 SB 342--Insurance; liability; companies assisting state
remove asbestos. ....................... 750, 845, 886, 933, 946, 1959, 2373 SB 343--Putnam County; State Court; judge, solicitor,
other personnel; insurance, compensation ............................. 750 SB 344--State Courts of Counties; jurisdiction over city judicial matters......... 750 SB 345--Public Records; access to; reproductions; per page
copying fees ................................ 750, 927, 963, 1116, 1126 SB 346--Magistrate Courts; Employment of Marshals to
Perform Duties of Constables . . 751, 1113, 1168, 1223, 1226, 1852, 1909, 2373 SB 347--Insurers; financial regulatory framework standards;
extensive revision . 751, 883, 928, 970, 981, 1032, 1040, 1429, 1465, 1517, 2373 SB 348--Children; patients in licensed mental health facility;
free public instruction program........ 789, 926, 963, 1116, 1124, 1801, 2373 SB 349--Cobb County; Ad Valorem Taxes; millage rate determination;
procedures required of any taxing jurisdiction; notice of property tax increase; hearings ............ 790, 1167, 1171, 1912, 1978, 2372 SB 350--Motor Vehicle Theft; punishment; incarceration inmate boot camp unit ........................ 790, 1167, 1215, 1269, 1289 SB 351--License Plates; Special; U.S. armed forces active duty members or retirees ................... 790, 883, 929, 970, 1033 SB 352--Official Dog of Georgia; designate the Golden Retriever ......................................... 790, 845, 886, 933, 952 SB 353--Vehicle Tent or Auction Sales; contracts; cancellation procedures ..................................... 790, 845, 886 SB 354--Death Certificates; medical certification within 48 hours ............... 840 SB 355--Human Resources; Department; reorganization; create Children, Youth and Family Services Department; transfer certain duties ........ 841 SB 356--Income Tax; Deduction; physicians rendering indigent prenatal health care services ................................ 841 SB 357--Industry and Trade; Welcome Centers; local program; implementation; state funding criteria. ............... 841, 1112, 1169, 1223,
1228, 1852, 1885, 2020, 2038, 2117, 2354, 2369, 2373 SB 358--Cobb County; State Court; additional judge to the second division...... 841 SB 359--Keysville, City of; new charter; incorporation;
boundaries; powers .............................. 841, 927, 931, 1372, 2373 SB 360--Child Support; Orders; impaired health care,
postsecondary education assistance .................................. 878 SB 361--Griffin, City of; Board of Commissioners; powers;
taxation, finance; homestead exemption ........... 878, 963, 969, 1570, 2372 SB 362--Griffin-Spalding County Personal Care Health
Board Act; enact................................ 878, 963, 969, 1373, 2373 SB 363--Workers' Compensation; Recovery of Damages in Third Party
Proceedings; subrogation rights of employers; attorney's fees ........... 878 SB 364--Blue Ridge Judicial Circuit; superior court;
third judgeship ............................... 879, 1113, 1169, 1223, 1226 SB 365--Emergency Medical Services; EMS Technicians,
Paramedics; recertification standards............ 879, 1166, 1215, 1269, 1287 SB 366--Cobb-Marietta Coliseum and Exhibit Hall Authority; members;
appointment; terms; vacancies ...... 879, 1167, 1171, 1431, 1662, 1801, 2373 SB 367--Lotteries; Manufacture, Sale of Printed Materials, Equipment for
Out of State .............. 879, 926, 964, 1116, 1125, 1779, 1884, 2121, 2373 SB 368--LaGrange, City of; Downtown Development Authority;
powers; property acquisition ..................... 879, 963, 969, 1373, 2373 SB 369--Telephone Companies; local exchange service; county-wide calling ...... 879

INDEX

2389

SB 370--Children and Youth Coordinating Council; creation; coordination of all

children's service systems; community based services .................. 879,

926, 964, 1116, 1127, 1960, 2009, 2373

SB 371--Cobb Judicial Circuit; Superior Court; judges;

salary supplement........................................ 880, 1309, 1315

SB 372--Insurance; Premium Taxes; funding street, road

improvements unincorporated areas ............. 921, 1166, 1215, 1269, 1291

SB 373--Charlton County; Tax Commissioner; compensation;

longevity and cost-of-living increases ............ 921, 1113, 1115, 1959, 2373

SB 374--Animals; pet ferrets; bear hunting; salt-water

fishing licenses. ............... 921, 1167, 1215, 1269, 1284, 2261, 2304, 2373

SB 375--Fine Art Works; duplication by printers; permission;

civil liability ............ 921, 1166, 1215, 1269, 1280, 1912, 2302, 2367, 2373

SB 376--Records of Motor Vehicle Accidents; use for commercial solicitation

of victims prohibited ............... 921, 1212, 1260, 1318, 1337, 1959, 2372

SB 377--Public Service Commission; law enforcement

personnel; indemnification ................................ 921, 1166, 1215

SB 378--Juvenile Offenders, Detention Facilities; Subsidies to Counties to Develop

Community Based Commitment Services ........ 922, 1113, 1169, 1223, 1225

SB 379--Georgia Register Act; enact; publication of

governmental actions .......................... 922, 1166, 1215, 1269, 1292

SB 380--Child Support; Orders; education financial

assistance to age 21; award factors................................... 922

SB 381--Waste Discharged into Chattahoochee River by Plants between

Buford Dam and West Point Reservoir; phosphorus; discharge

limitation .................................... 958, 1167, 1216, 1269, 1277

SB 382--Recall Act of 1989; revisions; grounds; legal

sufficiency; hearings ................ 958, 1166, 1216, 1269, 1287, 2366, 2373

SB 383--Trial Juries in Felony Cases; change number of

peremptory challenges .............................................. 958

SB 384--Superior Courts; Clerks; office hours; change

provisions .................................... 958, 1166, 1216, 1269, 1279

SB 385--Underground Storage Tank Trust Fund; environmental

assurance fees ..................... 958, 1167, 1216, 1269, 1285, 1959, 2372

SB 386--Atlanta, City of; Solid Waste; new disposal

facilities; restrictions; conditions

958, 1167, 1171, 1203, 2102, 2127, 2373

SB 387--World Congress Center; property, contract events; prohibited conduct;

police, security, powers; employee records check ............ 959, 1112, 1169

SB 388--Bailable Offenses Only Before Superior Court; alleged kidnapping,

arson, aggravated assault, burglary .......... 959, 1212, 1260, 1318, 1328

SB 389--Wine; Sunday wine sales in tasting facilities, special

entertainment districts ........ 959, 1165, 1216, 1269, 1294, 1853, 1900, 2373

SB 390--Insurance; Unfair Business Practices; unapproved direct response

advertising; noncarry over calendar year deductible. .................. 1104

SB 391--Insurance; Life; death benefits; premiums due

for policy; unfair practices ......................................... 1104

SB 392--Insurance; Insurers; unauthorized; actions filed

against; service of process .......................................... 1104

SB 393--Insurance; Accident and Sickness; policies;

cancellation or nonrenewal notices .................................. 1105

SB 394--Divorce Petitions; content of statement; include

birthdates ................................... 1105, 1212, 1260, 1318, 1325

SB 395--Seat Safety Belts; Offense of Failure to Wear;

persons also charged vehicle violation .......... 1105, 1212, 1260, 1317, 1325

SB 396--Counties; Boards of Education; chairman; local

policy establishing term ........... 1105, 1165, 1216, 1269, 1281, 1959, 2373

SB 397--Fulton County, Board of Ethics; subpoena powers; enforcement ....... 1105

2390

JOURNAL OF THE SENATE

SB 398--Pierce County; Board of Commissioners; members;

increase compensation ........................ 1105, 1213, 1221, 1712, 2373

SB 399--Smyrna, City of; corporate limits; change....... 1105, 1213, 1221, 1669, 2373

SB 400--Toll Road Collection Facility; location; proximity residential property . 1106

SB 401--Clayton County; State Court; judges; change

compensation ................................ 1106, 1213, 1221, 1570, 2372

SB 402--Riverdale, City of; corporate limits; remove

certain property ............................. 1106, 1213, 1221, 1570, 2372

SB 403--Clayton County; Board of Commissioners;

chairman; compensation ...................... 1106, 1213, 1222, 1570, 2372

SB 404--Clayton County; Sheriff and Superior Court

Clerk; salaries ............................... 1106, 1213, 1222, 1570, 2372

SB 405--Clayton County; Tax Commissioner; salary . 1106, 1213, 1222, 1570, 2373

SB 406--Clayton County; State Court; solicitor;

compensation ................................ 1106, 1213, 1222, 1570, 2372

SB 407--Nonpublic Postsecondary Educational Institutions Act; exemption;

ministerial, religious training . . 1106, 1211, 1260, 1317, 1322, 2063, 2066, 2373

SB 408--Commercial Solicitation; telephone orders for printed materials;

promotional giveaways or contests redefined ......................... 1107

SB 409--Electrolysis, Practice of; regulation of; create advisory board .......... 1107

SB 410--Cost-Benefit Review Act of 1991; enact; 5-year program review

requirements of each state agency ............. 1107, 1210, 1260, 1318, 1330

SB 411--Education; High School General Programs; funding

not authorized after certain date ................................... 1107

SB 412--Georgia Teacher of the Year; increase in state

salary ....................................... 1107, 1165, 1216, 1269, 1288

SB 413--Gwinnett County; Governing Authority; reorganization; elect chairman

county wide; 7-member commissioner districts; powers; duties ......... 1107,

1213, 1222, 1712, 1758

SB 414--Dahlonega, City of; Community Improvement

Districts Act; enact. ...................

1107, 1213, 1222, 1959, 2372

SB 415--Georgia Tort Claims Act; state officers, employees

liability for good faith performance; waiver of sovereign

immunity; limitations. ........................ 1158, 1212, 1260, 1318, 1357

SB 416--State Structural Pest Control Commission; research

fees on licenses ................... 1158, 1211, 1261, 1318, 1340, 2366, 2373

SB 417--Education; Postsecondary; options for high school

students; early enrollment .................... 1158, 1211, 1261, 1318, 1326

SB 418--Education; Strategic Planning, Office of; create;

local and regional plans............................................ 1159

SB 419--Putnam County; Magistrate Court; additions;

magistrate and term; compensation ............ 1159, 1259, 1267, 1571, 2372

SB 420--Public Service Commission; submitted proprietary

confidential information; trade secrets; protective orders .............. 1159

SB 421--Criminal Procedure; Plea of Mental Incompetency

Time of Crime; redefine mentally retarded .......................... 1159

SB 422--AFDC Recipients; parental training, assist in

remedial education; create family resource centers.......... 1159, 1214, 1261

SB 423--Civil Practice; Default Judgements; time period for

filing and serving the answer ....................................... 1159

SB 424--At-risk Children; county services; property tax levy; special fund .... 1159

SB 425--Teachers, Principals, Other Certificated Personnel; employment;

procedures; fingerprint and criminal records check ................... 1160

SB 426--State Government; Executive Fellows Program;

establishment................................ 1160, 1211, 1261, 1318, 1340

SB 427--Archery Season for Hunting Deer; use of crossbows .................. 1160

INDEX

2391

SB 428--Cherokee County; Water and Sewerage Authority; members; quorum; qualifications; powers ....... 1160, 1259, 1268, 1571, 2372
SB 429--Youth Development Centers; Implement Education, Rehabilitation Goals; center improvement plans............ 1160, 1214, 1261
SB 430--At-risk Children and Youth; resources; decategorize program; create community innovation zones; reduce YDC placements ..... 1160, 1214, 1261
SB 431--Judicial Sales; legal advertisements; which newspaper shall advertise ................................ 1161, 1211, 1261
SB 432--Public Service Commission; Trucks; household goods or commodity carriers; exempt rate regulation ....................... 1161
SB 433--Minority Educator Recruitment, Office of; creation ................... 1161, 1211, 1261, 1317, 1323
SB 434--Delinquent or Unruly Children; treatment and placement; parties who may provide information; petitions; hearing.......................... 1161
SB 435--Fulton County; Project Financing Community Improvement Districts Act; enact................................... 1207
SB 436--Cobb County; Board of Commissioners; chairman as chief executive officer; powers, duties; assistant; Department of Finance, comptroller requirements ..................................................... 1207
SB 437--Cobb County; State Court; additional judge, second division .............................. 1207, 1309, 1315, 1960, 2372
SB 438--Drug Trafficking; controlled substances or illegal drugs; no pardon, no parole for persons convicted .................... 1207
SB 439--Drug Trafficking; cocaine, illegal drugs, marijuana; felony conviction; mandatory term of imprisonment, no furloughed sentence ............ 1207
SB 440--Ad Valorem Tax; homestead exemption; leased property improvements ............................................ 1208
SB 441--Superior Courts; Clerks; salary; additional for services in other courts . . 1252 SB 442--Franklin County; Board of Commissioners; create new board;
composition; chairman and four members; practices, procedures; referendum .................................. 1252, 1378, 1382, 1960, 2373 SB 443--Sugar Hill, City of; Ad Valorem Tax Homestead Exemption; terms, conditions; referendum ...... 1252, 1378, 1382, 1712, 2373 SB 444--State Employees; Health Benefit Plan; inclusion of employees of nonprofit mental retardation service centers............. 1303 SB 445--Employees' Retirement System; Creditable Service; Judicial Council of Georgia employees .............................. 1303 SB 446--Smyrna, City of; Ad Valorem Tax Homestead Exemption; residents 62 or over; referendum . . 1303, 1577, 1588, 2001, 2372 SB 447--Employees' Retirement System; Creditable Service; legislative part-time service prior full-time employment............... 1304 SB 448--Cobb County; Sheriff; chief deputy, investigator, executive assistant; salary .............................. 1304 SB 449--Sugar Hill, City of; Corporate Limits; change; annex, deannex certain property............... 1304, 1435, 1441, I960, 2372 SB 450--Clayton County Community Improvement Districts; creation of ............................................. 1373, 1577, 1588 SB 451--South Fulton County, City of; incorporation, boundaries, powers ...................................... 1373, 1577, 1588 SB 452--North Fulton County, City of; incorporation, boundaries, powers ...................................... 1373, 1577, 1588 SB 453--Fulton County; Ad Valorem Tax; Property Tax Recall Act of 1991 ...................................... 1373, 1577, 1588 SB 454--Hawkinsville, City of; new charter; incorporation; powers......................... 1374, 1577, 1589, 2000, 2372 SB 455--Atlanta, City of; Municipal Bonds; proceeds; finance emergency home repair loans ..................... 1374, 1806, 1810

2392

JOURNAL OF THE SENATE

SB 456--Clayton County; Tax Commissioner, Deputy; compensation ........................................... 1672, 1963, 1966
SB 457--Roswell, City of; corporate limits; change ................. 1672, 1963, 1966

INDEX

2393

SENATE RESOLUTIONS

SR

1--Senate; Rules of the Senate; adopt for 1991 Session ................ 18, 106

SR

2--Senate; Convened; notify House, January 14, 1991 ..................... 21

SR

3--Senate; Officials, Employees, Committees .............................. 21

SR

4--General Assembly; Notify Governor; General

Assembly convened. .................................. 22, 30

SR

5--General Assembly; Adjournment; January 18 to

January 28 ........................... 22, 100, 129, 136

SR

6--General Assembly; Joint Session; to recognize

organizers of Olympic Games of 1996 ......................... 23, 100, 119

SR

7--Lottery; amend Constitution to allow a State Lottery .................. 86

SR

8--Gillis, Hugh M., Sr., Senator, District 20; commend ............... 160, 186

SR

9--Persian Gulf Crisis; Commend President Bush and

Operation Desert Shield personnel.................................... 97

SR 10--State Agencies; abolition, continuation after 4

years; amend Constitution ................. 86, 245, 279, 311, 329, 412, 435

SR 11--General Assembly; Members; limited to twelve years

in office ............................................................ 86

SR 12--Black Males, Governor's Commission on the Social

Status of; create .................................................... 86

SR 13--Revenue and Taxation; Amend Constitution; bills for revenue may

originate in either house of General Assembly ....... 86, 117, 126, 163, 170

SR 14--State Employees; Drug Testing of POST certified

employees; urge discontinue program. ................................. 86

SR 15--J. P. Marshall By-Pass; designate 441 Highway

Around City of Eatonton ................. 86, 181, 198, 220, 236, 634, 2373

SR 16--Governor; elect and serve one six-year term of office ................... 87

SR 17--Gambling on Cruise Vessels; authorize; amend Constitution ............. 87

SR 18--State Employees; overtime pay and compensatory

time off; relative to ............................ 87, 105, 117, 128, 163, 169

SR 19--Bicycle Trails and Pedestrian Walkways; urge

apply federal funds ................................ 87, 216, 247, 284, 294

SR 20--Obstetrics, Senate Study Committee; creating.......................... 87

SR 21--Grand Juries Study Committee; creation ......... 87, 1308, 1379, 1450, 1451

SR 22--Chatham County Judicial Compensation Study

Committee ....................................... 87, 641, 675, 723, 743

SR 23--State Employees; Hiring Freezes, Layoffs, Furloughs

and Understaffing in State Institutions............... 87, 641, 675, 762, 770

SR 24--Legislative Overview Joint Committee on State Government ............ 87

SR 25--Rails-to-trails; abandoned rights of ways,

corridors; conversion for recreational purposes ...... 88, 181, 198, 220, 237

SR 26--Freeman, Charles Marc, Athens Firefighter Award; commend............ 95

SR 27--Pryor, James Jarratt, Athens Law Enforcement Award; commend ....... 95

SR 28--University of Georgia; 1990 NCAA Division I National

Champion UGA Baseball Team; commend. ........................ 95, 203

SR 29--Postsecondary Vocational Education Laboratory,

Equipment and Library Research Needs Study Committee ............. 88

SR 30--University System Laboratory, Equipment,

Rehabilitation Technology, and Eminent Scholars Endowment

Study Committee ................................. 88, 884, 929, 971, 1034

SR 31--State Employees; Ordered Military Duty; employment,

pay, retirement credit rights .................. 103, 194, 217, 250, 261, 1801

SR 32--Motorcycle Awareness and You Month; recognize ................. 103, 195,

217, 250, 262, 1959

SR 33--Committee on Senate Administrative Affairs; change composition........ 98

2394

JOURNAL OF THE SENATE

SR 34--Bittaker, Alan; commend ........................................ 95, 283 SR 35--Reliford, Joe Louis; commend ................. 96, 283 SR 36--FHA/HERO Future Homemakers of America/Home
Economics Related Occupations; commend .......... 103, 180, 198, 220, 238 SR 37--Hembree, April; 4-H National Champion; commend .................... 96 SR 38--Cabaniss, Dee; 4-H National Champion; commend ..................... 96
SR 39--Property Conveyance; Troup County; audio transmission cable easement ........... 103, 142, 181, 201, 203, 478, 2373
SR 40--Property Conveyance; Cobb County-Marietta Water Authority; easement..................... 103, 142, 181, 201, 203, 478, 2373
SR 41--Property Conveyance; Whitfield County; easement for maintenance of Abutment Road and slope.......... 103, 142, 182, 201, 204, 478, 2373
SR 42--Property Conveyance; Dawson County; easement to Oglethorpe Power Corporation for power line ............... 104, 142, 182, 201, 205, 478, 2373
SR 43--Music Industry Committee, an Interim Study Committee and Citizens' Advisory Council ................. 104, 1212, 1262, 1317, 1324
SR 44--Property Conveyance; Early County; easement for underground audio transmission cable..... 104, 142, 182, 201, 206, 478, 2373
SR 45--Property Conveyance; Donalsonville State Patrol Post; sell certain property to Carter Manufacturing Co., Inc. 104, 142, 182, 201, 207, 478, 2373
SR 46--Hall, Kevin; 4-H National Champion; commend........................ 96 SR 47--Senate; Urging Former House of Representative
Members Elected Senate to Adopt Ways of the Senate ................. 95 SR 48--Pierce, Jason, 4-H National Champion; commend ...................... 96 SR 49--Pierce, Jeffrey, 4-H National Champion; commend ..................... 96 SR 50--Shearouse, Stephanie, 4-H National Champion; commend ............... 96 SR 51--Williams, Kerry, 4-H National Champion; commend.................... 96 SR 52--Sheffield, Amy; 4-H National Champion; commend ..................... 96 SR 53--Lee, J. J.; 4-H National Champion; commend.......................... 96 SR 54--Noncertificated School Personnel Study Committee; create ............. 104 SR 55--Property Conveyance; High Falls State Park; easement to Southern Bell
Telephone Co. for transmission cable ..... 104, 142, 182, 201, 208, 478, 2373 SR 56--Southeast Georgia Veteran's Day Celebration in
Statesboro; inviting President George Bush ...... 104, 194, 217, 250, 262, 920 SR 57--Insurance; Department; senior citizens assistance
officer; urge designation............................ 104, 180, 198, 220, 239 SR 58--Wright, Darron, 4-H National Champion; commend ................... 106 SR 59--Teachers; Alternative Teacher Certification Joint
Study Committee .................................................. 105 SR 60--State Employees; ordered military duty; employment,
retirement rights ................................. 116, 194, 218, 250, 263 SR 61--National Guard; members; support service Operation
Desert Storm ...................................................... 106 SR 62--New Birth Missionary Baptist Church; commend ..................... 106 SR 63--Haralson County Comprehensive High School Football
Team and Coach Chuck Taylor; commend............................ 106 SR 64--Cobb County; Concord Historic District; urge
funding for a heritage park ................................. 116, 196, 199 SR 65--Special County 1% Sales Tax for Educational
Purposes; amend Constitution ....................................... 116 SR 66--Recycled Paper Products; urging Senate Offices
to purchase....................................... 116, 180, 198, 220, 239 SR 67--Property Conveyance; Fulton County; easement and WCC property exchange
with Georgia Power Company ........ 116, 142, 182, 201, 208, 478, 807, 2373 SR 68--Property Conveyance; Georgia Dome Project site; tracts exchanged
with Stanley Rinzler, et. al. .............. 116, 142, 182, 201, 209, 478, 2373

INDEX

2395

SR 69--License Plates; Special; commemorate 1996 Olympic Games; request issuance 1995 ...................... 116, 195, 218, 250, 264
SR 70--Judicial Circuits; special trial districts, investigative grand juries; provide for establishment; amend Constitution .............................. 116, 195,
218, 250, 265, 556, 647, 655, 679, 680 SR 71--Silver-Haired Legislature; commend ................................. 119
SR 72--Children and Youth; programs; committee to study coordination ...................... 125, 794, 848, 890, 902, 2261, 2357, 2373
SR 73--Georgia Citizens for the Arts; commend .......................... 127, 186
SR 74--Amos, John B.; condolences at passing ............................... 127 SR 75--Counties, Municipalities; bonds and debt obligations for public
facilities requires voter approval; amend Constitution.............. 141, 405
SR 76--Justices of Supreme Court, Appellate Judges Appearing as Counsel; expiration of 5 years; amend Constitution ............................ 141
SR 77--Robinson, Nikki, 1990 Georgia Occupational GOAL Award; commend .............................................. 160, 683
SR 78--Cairo High School Varsity Cheerleaders; commend ................ 160, 207
SR 79--Cairo High School Football Team; commend ..................... 160, 207 SR 80--Ashmore, Sarah; 4-H National Champion; commend................... 160 SR 81--Johns, Tiffany; 4-H National Champion; commend .................... 160
SR 82--Wiley, Gail; 4-H National Champion; commend ....................... 160 SR 83--Spells, Lamar; 4-H National Champion; commend. ................... 160 SR 84--Staten, Dee; 4-H National Champion; commend ...................... 160
SR 85--Lane, Kelda; 4-H National Champion; commend ...................... 160 SR 86--Bennett, Jeff; 4-H National Champion; commend ..................... 161
SR 87--Moore, Greg; 4-H National Champion; Commend ..................... 161 SR 88--Burnsed, Annette; 4-H State President; commend ..................... 161
SR 89--Eckles, Christopher; 4-H National Champion; commend ............... 161 SR 90--Property Conveyance; Baldwin County Board of
Education for school; City of Thomson, property and storage facility ........................... 141, 304, 350, 412, 425, 1430, 1454, 2372 SR 91--Gillis, Mrs. Laura Jean; condolences to family ........................ 160
SR 92--Cairo High School Band; commend .............................. 161, 207 SR 93--Savannah Day at the Capitol; recognize .............................. 161
SR 94--Property Conveyance; Wayne County; grant easement at Altamaha Technical Institute .......... 177, 304, 350, 412, 426, 749, 2373
SR 95--Oil and Gas Resource Exploration in Alaska; urge Congress support. ................ 177, 216, 247, 284, 295, 456, 474, 493, 494
SR 96--Property Conveyance; McQueen's Island, Chatham County; abandoned railroad right of way ................ 177, 304, 350, 412, 426, 749, 776, 2373
SR 97--Georgia Institute of Technology; National Championship Football Team, Coach Bobby Ross and Athletic Director, Dr. Homer Rice; commend ...................................... 183, 491
SR 98--Urge Passage Federal Surface Transportation Reauthorization Act ............................... 177, 246, 279, 311, 329
SR 99--Olympic Games, XXVI Summer Olympiad, 1996; Billy Payne, President, Atlanta Organizing Committee; commend ............ 183
SR 100--Valdosta High School Football Team and Coach Nick Hyder; commend............................................... 183, 286
SR 101--Northside Middle School; recognize .................................. 183
SR 102--Bonaire Elementary School; recognize ................................ 183 SR 103--White, Jeffrey L.; commend ..................................... 183, 559
SR 104--Alley, James W., M.D.; regrets at passing ............................ 183 SR 105--Federal Nonconventional Tax Credit for Alternate
Fuels; urge extend ................................................. 191
SR 106--Property Conveyance; Georgia War Veterans Cemetery; land exchange with Garvis Youngblood; sell certain tract to Kay Epps............ 191, 304, 350, 412, 427, 429, 455, 456, 1430, 1452, 2372

2396

JOURNAL OF THE SENATE

SR 107--King-Abernathy State College; urge change name of Atlanta Metropolitan College........................................ 192
SR 108--Georgia Recreation Park Association; commend ................... 199, 553 SR 109--Georgia Southern University; Tim Stowers Head
Coach; commend ............................................... 199, 327 SR 110--Georgia Southern University; 1990 NCAA Division
I-AA National Champion Football Team; commend ............... 199, 327 SR 111--Clack, Billy J., Georgia Emergency Management
Agency; commend .................................................. 199 SR 112--Underwood, Carroll; commend ...................................... 219 SR 113--Poultry Marketing; urge additional credit
guarantees to Soviet Union .................... 214, 448, 484, 556, 647, 652 SR 114--DeKalb County Fire Station #2 and Captain
Lowell E. Gibbs; commend.......................................... 219 SR 115--Maloof, Manuel, CEO of DeKalb County; commend ................... 219 SR 116--Sinkwich, Frank; regrets at passing .................................. 219 SR 117--Lester, Raymond; commend ..................................... 219, 409 SR 118--Taylor, Glenn Edward; commend ................................ 219, 409 SR 119--Paulding County High School Band and Directors; commend .......... 219 SR 120--Georgia Association of Black State Colleges; commend................. 230 SR 121--Counties; Commissioners, Officials and Employees
of Georgia; commend ............................................... 219 SR 122--Davis, Raymond G., Medal of Honor Highway; designate in
Henry County ............ 244, 406, 451, 494, 555, 610, 763, 786, 1430, 2373 SR 123--Purple Martin Capital of Georgia; proclaim Elbert County ............. 248 SR 124--Perrin, Joel Christopher; express regrets at passing.................... 283 SR 125--Firefighter's Recognition Day, 19th Annual; commend ................. 283 SR 126--Georgia School of the Deaf, 1990 Football Team; commend ............ 283 SR 127--Georgia Poultry Industry; recognize contribution to economy ........... 283 SR 128--Lieutenant Governor; Pierre Howard; birthday congratulations ........ 283 SR 129--State Arboretum of Georgia, designate the Thompson Mills Forest
of the University of Georgia ............ 302, 671, 718, 762, 772, 1431, 2373 SR 130--Hunter, Guy, Chief Warrant Officer; POW Held by
Iraq; commend .................................................... 306 SR 131--Slosheye Trail Big Pig Jig State Barbecue Cooking
Contest; recognize .................................................. 306 SR 132--Nessmith, Ben; recognize ....................................... 307, 812 SR 133--Operation Desert Storm; Multinational Coalition
Nations; appreciation to ............................................ 352 SR 134--Lindsay, Dr. Beverly; honoring ...................................... 352 SR 135--Arnold, J.W., Elementary School, 1991 Georgia
School of Excellence; commend...................................... 352 SR 136--Riverdale High School, 1991 Georgia School of
Excellence; commend ............................................... 352 SR 137--Paulding County; Operation Desert Storm; support
men and women serving ............................................ 352 SR 138--Polk County; Operation Desert Storm; support men
and women serving ................................................. 352 SR 139--South Fulton Tennis Center; endorse 1996 Olympic
Competitions ...................................................... 352 SR 140--Property Conveyance; convey parcel to Brantley
County Board of Education; Pulaski Women's Prison, easement to Oglethorpe Power .............. 343, 639, 675, 723, 740, 1430, 1561, 2372 SR 141--Adams, Kenneth E.; commend .................................... . . 352 SR 142--DeSoto Baptist Church Centennial; congratulate ...................... 352 SR 143--Leizman, Dr. Alicia P.; commend .................................... 409

INDEX

2397

SR 144--Travel and Tourism Industry in Georgia; commend ................... 409

SR 145--Goetze, Vicki, Amateur Golfer; commend ........................... . . 409

SR 146--Technology Related Assistance Trust Fund for Individuals with

Disabilities; amend Constitution to create ......... 402, 884, 929, 971, 1035

SR 147--Warner Robins Air Logistics Center and Major

General Richard F. Gillis; commend ............................. 409, 490

SR 148--Hahira, City of, Centennial Celebration; congratulate

409, 491

SR 149--Teachers Accumulated Sick Leave Joint Study

Committee ............................. 445, 884, 929, 971, 1036, 2367

SR 150--Education, Office of Commissioner; replace State

School Superintendent; amend Constitution .......................... 445

SR 151--Congress, U.S.; Petition for a Constitutional

Convention; proposing sanctions for certain disrespectful

acts involving the U.S. flag .............. 445, 639, 675, 762, 777

SR 152--Energy; urge national strategy to reduce

foreign source dependence ......................... 480, 640, 675, 762, 772

SR 153--Water Supply; southeastern region; committee to

study allocation .................................. 480, 884, 929, 971, 1037

SR 154--Lemacks, Sheriff D. G. "Bill" of Clayton County; commend .... 454, 634

SR 155--Chafin, Annie Q.; commend ......................................... 454

SR 156--Dulaney, Gilbert G.; commend ...................................... 454

SR 157--Gilmore, Herb; commend .......................................... . 490

SR 158--Lieutenant Governor; Pierre Howard; commend ....................... 490

SR 159--Sales Tax; special purpose county; educational

purposes; amend Constitution ...................... 481, 639, 675, 723, 733

SR 160--Roberts, Julia; commend....................................... ..... 490

SR 161--Gasoline Marketing; motor fuel pricing issues;

committee to study ................................................ 481

SR 162--Pepperell High School Football Team; commend ...................... 490

SR 163--Senate; Rules; amend order of business; recitation

of Pledge of Allegiance ............................ 550, 641, 675, 722, 724

SR 164--Thomson Work Unit, Division of Youth Services; commend ............ 553

SR 165--Sink, Scott; commend .......................... .................... 553

SR 166--Urban Policy Study Commission; creation .............. 550, 927, 964, 1174,

1175, 1223, 1224, 2241, 2291, 2371

SR 167--Ledford, Mrs. Renee; commend ..................................... 553

SR 168--Telephones; ADAD equipment and long distance calls;

urge FCC regulate ................................ 550, 716, 757, 806, 830

SR 169--Election by Plurality of Votes; Secretary of State, Attorney General; State

School Superintendent, Commissioners of Insurance, Agriculture, Labor 550

SR 170--Superior Courts; Judges; appointment by Governor,

4 year terms; amend Constitution ................................... 551

SR 171--Superior Court Judges; one-time adjustment of term

so all judges elected at same time ................................... 551

SR 172--Anderson, Dr. Larry; commend ...................................... 553

SR 173--School Finance Study Committee ........................... 636

SR 174--Georgia County Government Week; designate in April ............. 636, 794,

848, 890, 911, 1801

SR 175--WMOG Radio of Brunswick; commend............ 644

SR 176--Coweta County; Operation Desert Storm; support men

and women serving................................................. 644

SR 177--Atlanta Area Technical School; acquisition by Board of Regents ........ 636

SR 178--Alexander, Warren; commend ....................................... 644

SR 179--Watering Restrictions; newly installed

landscaping; urge exemption .................. 636, 715, 757, 851, 856, 1672

SR 180--South Georgia Parkway; designate Corridor Z developmental Highway

from Columbus to Brunswick ......... 637, 794, 848, 890, 912, 916, 933, 953

2398

JOURNAL OF THE SENATE

SR 181--Walker, Pfc. Charles Scott; honoring first Georgia soldier to die in Operation Desert Storm ............................. 678
SR 182--Coffee County; Operation Desert Storm; support men and women serving................................................. 678
SR 183--Reinhardt College Choir; commend .............................. 720, 758 SR 184--Mclntosh, Louisa Aichel; commend .................................. 720 SR 185--Johnstone, Lieutenant Colonel Brian; support for ..................... 720 SR 186--Benteen Elementary School Students and Faculty; commend ........... 720 SR 187--Phillips School of Theology Founder's Day; recognizing ................ 720 SR 188--Austin, Teddy; commend ....................... 720 SR 189--At-risk Students, Drop Outs; committee to study
alternative programs ............................................... 751 SR 190--Regional Development Centers; committee to study
coordinated planning ....................... 751, 927, 964, 1269, 1277, 2367 SR 191--Central Baptist Church of Gainesville Centennial; commend ........... 758 SR 192--Davis, General Raymond G.; honoring. ............................... 758 SR 193--Walton County; Operation Desert Storm; support men
and women serving ................................................. 758 SR 194--Elliott, Paul William of Coffee County; honoring ...................... 758 SR 195--Atlanta Red Cross; commend .................................. 758, 1131 SR 196--State Properties Commission; terminate lease
to Consolidated Atlanta Properties, Ltd. ............................. 790 SR 197--Airport Development Authority, Joint Study
Committee; creating ........................................ 791, 927, 964 SR 198--High Falls and Watson Mill Bridge State Parks;
lease of abandoned hydroelectric plants to Fall Line Hydro Company, Inc. ................ 842, 1211, 1262, 1318, 1337, 2350, 2352, 2373 SR 199--National Guard; 48th Infantry Brigade Called Federal Active Duty; commend ...................................... 849 SR 200--State Financing and Investment Commission; membership of Director, Office of Planning and Budget........... 842, 926, 964, 1174, 1184 SR 201--Flipper, Henry Ossian, Commemorative Postage Stamp; urge issuance .......................................... 849, 1672 SR 202--Spalding County; Operation Desert Storm; support men and women serving ............................................ 849 SR 203--Teenage Pregnancies; urge study of methods to effect reduction .................................... 880, 1576, 1585, 2264 SR 204--Academic Recognition Day, Outstanding Scholars; commend. ......................................................... 888 SR 205--Postsecondary Technical and Adult Education Finance Study Commission; creation ........ 880, 962, 1114, 1174, 1183, 1801 SR 206--Pruett, Darla, Miss Georgia 1990; commend ..................... 888, 1814 SR 207--Loar, Barbara; commend .................................. 888 SR 208--Ladies' Garden Club of Athens Centennial; recognize ...................................................... 888, 931 SR 209--Brown, Honorable Charlie of Butts County; commend ................. 888 SR 210--Clark, Merle E., Statesboro Police Chief; commend................ 888, 931 SR 211--Natural Resources Officers, Corporal Harry R. Carter and Ranger Eric Sanders; commend ....................... 888, 931 SR 212--State YMCA and Silver-Haired Legislature; commend. ......................................................... 931 SR 213--Andersonville POW Memorial Trail; designate from Fort Valley to Americus ............ 959, 1166, 1217, 1317, 1318, 1959, 2373 SR 214--Rural Development Assistance; urge state agencies employ citizens ............................................ 931 SR 215--Albany Day at the State Capitol; declare February 25, 1991 ..................................................968

INDEX

2399

SR 216--Folsom, Honorable James E., Alabama Lt. Governor; commend ........................................... 969, 1324
SR 217--Wolf Creek Skeet and Trap Club and Cochran Mill Park; endorse Olympic event sites ................................... 959
SR 218--Shaw, Mrs. Emily C.; commend ....................... 969 SR 219--Study Committee on Certificate of Need and Process
for Approval...................................................... 1108 SR 220--DeKalb County; site for 1996 Olympic tennis
events; support ................................................... 1108 SR 221--DeKalb Historical Society and Renovation of Old
Courthouse; commend ............................................. 1114 SR 222--Posses, Auxiliaries and Voluntary Law
Enforcement Officers Joint Study Committee ........................ 1108 SR 223--Sickle Cell Anemia Study Committee ............................... 1108 SR 224--Lead Poisoning Prevention Study Committee; creating ............... 1108 SR 225--Law Enforcement; local officers; urge improve
retirement benefits ........................... 1108, 1259, 1309, 1390, 1421 SR 226--Johnson, General Hansford T.; commend ....................... 1115, 1267 SR 227--Cox, Honorable Joe Lane of Dawson County; commend .............. 1115 SR 228--Savannah St. Patrick's Day Parade Committee and
Dignitaries; commend ............................................. 1131 SR 229--AFDC Recipients of Public Assistance; school attendance
requirement; request federal waiver ............ 1161, 1211, 1262, 1318, 1329 SR 230--Children's Trust Fund; state tax on consumer rental,
motion pictures, video recording, cassettes; amend Constitution ....... 1161 SR 231--Georgia Tree Farm Program; commend ............................. 1171 SR 232--Physician's Assistants, Regulation of, Study
Committee .................................. 1161, 1212, 1262, 1318, 1339 SR 233--Designate; Roger E. James Bridge in Clinch County; J. Truman Holmes
Bridge in Towns County...... 1162, 1213, 1262, 1318, 1341, 1780, 1792, 2372 SR 234--Senate; Rules; amend number of pages allowed
President per day ................................................. 1162
SR 235--Designate; Lyle Jones Parkway; bypass highway, City of LaFayette ..................... 1162, 1213, 1262, 1318, 1330, 1801, 2373
SR 236--Jones, Mark Edward; recognizing ................................... 1171 SR 237--Jones, Marine Corporal Phillip J. of East Point;
condolences to family. ............................................. 1221 SR 238--Drug Trafficking; prohibit pardon or parole;
amend Constitution ............................................... 1208 SR 239--Inland-Rome, Inc. Paper Mill; recognize ............................. 1221 SR 240--Inland Container Corporation Linerboard Division; recognize .......... 1221 SR 241--Inland Container Corporation Box Factory; recognize ................. 1221 SR 242--General Electric Company of Rome, Georgia; recognize ............... 1221 SR 243--Georgia Power Company; Hammond Generating Plant; recognize ...... 1221 SR 244--Parker, Charla, 1990 Watermelon Queen; commend .................. 1266 SR 245--Hemperley, Ruth Ryner of Vienna; commend ........................ 1267 SR 246--County and Municipal Employment Practices Study
Committee; creation .......................... 1252, 1308, 1379, 1450, 1453 SR 247--General Assembly; Adjournment; March 1 to
March 5 ............................................... 1235, 1250, 1298 SR 248--Vandiver Island; change name of Colonel's Island,
Glynn County; honoring former Governor S. Ernest Vandiver ..... 1252 SR 249--Lindsey, John, Rattlesnake Hunter; commend ....................... 1267 SR 250--Desert Storm Monument Commission; creating ...................... 1253 SR 251--Beavers, Howard; condolences to family ............................. 1267 SR 252--Goff, James Rayford "Jim Buck"; condolences to family .............. 1267 SR 253--Midwifery; certification program; committee to study ................. 1253

2400

JOURNAL OF THE SENATE

SR 254--Hardy, Ellen Erwin of Commerce; commend ......................... 1267 SR 255--English, Betty; commend .......................................... 1267 SR 256--Ballard, Richard of Butts County; commend ......................... 1267 SR 257--Randall, Mrs. Jo Rider, 1991 Mother of the Year; commend .......... 1267 SR 258--Delta Air Lines 50th Anniversary in Atlanta; commend ............... 1267 SR 259--Williams, Joseph Brian; commend .................................. 1314 SR 260--Overby, Honorable Howard T.; condolences to family................. 1314 SR 261--South Fulton County Residents; commend support for
Olympic sites ..................................................... 1314 SR 262--Hardegree, Craig, Community Service Volunteer;
commend. ........................................................ 1314 SR 263--Evans Middle School in Columbia County, Students,
Faculty; commend ................................................ 1314 SR 264--Wild Game and Fish Cookoff and Exposition of
Stewart County; designate as the official Georgia event .......... 1314, 1959 SR 265--Youth With a Cause, Inc., and Hampton Boys Home; commend ....... 1380 SR 266--Rural Economic, Industrial Development in
Depressed Areas; study of ......................................... 1374 SR 267--Douglas Judicial Circuit; Juvenile Court Pilot Project; commend ...... 1380 SR 268--Bremen Lions Club; commend ..................................... 1380 SR 269--Buchanan Lions Club; commend ................................... 1380 SR 270--Buchanan Woman's Club; commend ................................ 1380 SR 271--Tallapoosa Jaycees; commend ...................................... 1380 SR 272--Tallapoosa Lions Club; commend ................................... 1380 SR 273--Children's Code Study Committee; condense laws
under single title.................................................. 1374 SR 274--Haney, Lee, World Champion Body Builder; commend .......... 1380, 1683 SR 275--TRIO Day in Georgia; recognizing February 23 ...................... 1380 SR 276--Albright, Dr. A. D.; commend ...................................... 1380 SR 277--Dental Hygienists Licensing Study Committee; create ................ 1374 SR 278--Royal New Zealand Air Force Visiting Personnel; recognize ........... 1380 SR 279--Lowery, Bill, Music Publisher; commend ............................ 1381 SR 280--Resource Conservation and Development Councils; recognize ......... 1381 SR 281--Millen Baptist Church Youth Ministries "Famine
Project"; commend ................................................ 1381 SR 282--Low and Moderate Income Housing in Georgia Study Committee ..... 1431 SR 283--Sorrow, Ann; commend ............................................ 1440 SR 284--Greene, Stephanie Jane, 1990 Miss Georgia Pre-Teen; commend....... 1462 SR 285--Southeast Growth and Economic Development Study
Committee; create............................ 1571, 1676, 1677, 1815, 1830 SR 286--Domestic Violence; create commission to study problems, issues ....... 1572 SR 287--Williams, Dr. Edward B. of Morehouse College; honoring ............. 1588 SR 288--Dennard, Charles T., President, Vulcan
Materials Company SE Division; commend ................. 1588, 1683 SR 289--Senate; Rules; amend; numerical order of bills ....................... 1572 SR 290--Homelessness, Hunger, Poverty; recognizing the
plight of the poor ................................................. 1588 SR 291--Moody Air Force Base in Valdosta, 50th Anniversary; commend .... 1680 SR 292--Retirement Benefits for Municipal, County Law
Enforcement Officers Study Committee ............. 1672, 1805, 1806, 2266 SR 293--Council of Superior Court Clerks of Georgia; commend ............... 1680 SR 294--Older and Handicapped Georgians' Transportation
Task Force; create ................................ 1673, 1805, 1806, 2266 SR 295--Lincoln County High School Softball Team; commend................ 1680 SR 296--Lincoln County High School Football Team; commend ............... 1680 SR 297--U.S. Army, 24th Infantry Division of Fort Stewart; commend .... 1810, 2158

INDEX

2401

SR 298--Senate; Rules; amend; complaints of alleged sexual harassment of employees .......................... 1804, 1963, 1965
SR 299--Study Committee on the Regulation of Firearms Sales............... 1804 SR 300--Cowart, Charles Martin; commend .................................. 1810
SR 301--Calhoun County High School Girls' Basketball Team; commend .................................................. 1810
SR 302--Landrum, Honorable Phillip Mitchell, Former Georgia Congressman; condolences to family ......................... 1810
SR 303--Georgia State University; Basketball Team; Trans America Athletic Conference Championship; commend ......... 1824
SR 304--Dodson, Lieutenant Eric of Albany; commend ...................... 1964 SR 305--Mauldin, Fire Chief Ellis A., of Cedartown; commend ............... 1964 SR 306--Crowe, Robert L., DOAS Computer Services Division;
commend upon retirement ......................................... 1964 SR 307--Cochran Mill Park for Olympic Equestrian Events; endorse ........... 1963 SR 308--Central Metals Company of Atlanta; commend ...................... 1964 SR 309--Mitchell-Baker High School Basketball Team; commend ............. 1964 SR 310--Roe, Betty, and Barbara Browning; commend........................ 1965 SR 311--Statesboro High School Basketball Team; commend .................. 1965 SR 312--Spinks, Mrs. Etta Tant, 105th Birthday; recognize ................... 2163
SR 313--Life Insurance Company of Georgia 100 Years Service; commend ................................................. 2163
SR 314--Taylor County High School Girls' Basketball Team; commend .................................................. 2164
SR 315--Hart County Lady Bulldogs Basketball Team; commend .............. 2164 SR 316--Morrow High School Girls' Basketball Team; commend............... 2021 SR 317--General Assembly; Adjournment; March 13 to
March 15 and adjourn sine die at 4 P.M. ...................... 2064, 2101 SR 318--Goff, Roy D. of Jackson; commend ................................. 2164
SR 319--General Assembly; Adjournment; March 13 to March 15 .............................................. 2099, 2121, 2150
SR 320--Jeff Davis County High School Band; commend ..................... 2164 SR 321--Jeff Davis County Junior High School Band; commend ............... 2164 SR 322--Dawson County High School Girls' Basketball Team;
commend......................................................... 2164 SR 323--Samaritano, Mario; commend ...................................... 2164 SR 324--Lakeside High School, Georgia Academic Bowl Team;
commend. ........................................................ 2164 SR 325--South Gwinnett High School Mock Trial Competition
Team; commend .................................................. 2164 SR 326--Clinch County High School Girls' Basketball Team;
commend......................................................... 2164 SR 327--Turner County; Peanut Monument; proclaim as state
monument. ....................................................... 2164 SR 328--Killearn Properties, Inc., Eagle's Landing
Country Club and J. T. Williams; commend ......................... 2164 SR 329--Human Resources; At risk, Troubled Children
Resources; cost effective management report......................... 2164 SR 330--At-risk Families; urge University System
investigate ways to address needs................................... 2164 SR 331--Barker, Honorable Ed of Warner Robins; commend .................. 2165 SR 332--Clayton County Water Authority; commend ......................... 2187 SR 333--Blaylock, Christine Daniels, Albany Educator; honoring............... 2187 SR 334--Blaylock, Rod; commend........................................... 2187 SR 335--Worthy, James Earl of Albany Killed Operation
Desert Storm; condolences to family ................................ 2187

2402

JOURNAL OF THE SENATE

SR 336--Gnehm, Edward "Skip", Ambassador to Kuwait; congratulate ...................................................... 2187
SR 337--Kimoto, Ujihito of Kimoto Tech, Inc. in Cedartown; commend.............................................. 2187
SR 338--Findley, Harvey D.; expressing appreciation to ....................... 2264 SR 339--Grant, Reverend E. James; honoring ................................ 2365 SR 340--Cole, Dr. Johnnetta B.; honoring ................................... 2365 SR 341--General Assembly; Adjournment; sine die,
7:02 PM, March 15, 1991 ................................ 2364, 2371, 2373 SR 342--Ray, Senator Walter; honoring ..................................... 2365 SR 343--C-Step, Residential Substance Abuse Treatment
Program; recognize ................................................ 2365 SR 344--Aging, Georgia Council on; commend ............................... 2366

INDEX

2403

PART II

HOUSE BILLS AND RESOLUTIONS
HB 1--Sales Taxes; food exemption repealed; income tax credit provided ......................... 1358, 1364, 1434, 1577, 1815, 1956
HB 2--Health; Clinical Laboratories; tissue banks denned....................................... 172, 177, 347, 408, 456, 469
HB 3--Dentists and Dental Hygienists; License Renewal; scientific based continuing education; hardships . . 271, 275, 551, 642, 680, 703
HB 4--Dental Hygienists; temporary licenses ........... 297, 302, 551, 642, 680, 704 HB 5--Ambulances; License Requirements; use of term; certified
cardiac life support personnel ..... 297, 302, 1112, 1169, 1390, 1419, 1801 HB 7--Ben Hill County; Board of Education; members; date
to take office ......................................... 112, 117, 142, 162 HB 9--State Boxing and Wrestling Commission Created to
Regulate Promoters and Events ................................. 206, 210 HB 11--Open Bottle Bills; Alcoholic Beverages; possession while driving;
penalty .......................................... 1157, 1162, 1378, 1435, 1684, 1783, 1838, 1859, 1886, 1901, 2347, 2368
HB 12--Public Utilities; electric, gas, telephone companies; limit alien, foreign ownership of voting stock .......... 875, 880
HB 14--Elections; Handicapped Electors; voting booths, paper ballots; privacy. ....................... 710, 713, 926, 964, 1451, 1565
HB 15--License Plates; County Designation; alteration of; special veterans plates applicaitons................. 876, 880, 1167, 1217
HB 26--Dentists; dentures and partials; require mark with patient's ID............................ 339, 343, 717, 757, 1451, 1541
HB 29--Human Resources; Adoption Unit; transmittal of parental rights termination orders .... 173, 178, 1167, 1217, 1816, 1952, 2155
HB 32--Motor Vehicle Warranty Rights Act; defective automobiles; consumer right to remedies; fee payments ........... 211, 214, 248, 304, 350, 412, 429
HB 33--Retirement Bills; fiscal precertification; condition to introduction .................. 188, 192, 405, 451, 494, 555, 647, 680, 693
HB 34--State Employees; Retirement; benefits; special increases; authority boards of trustees to grant ................... 188, 192, 405, 451, 494, 555, 647, 680, 694
HB 35--State Employees; Retirement; benefits; special increases to offset income taxation ............ 188, 192, 405, 452, 494, 555, 647, 680, 696
HB 36--State Purchasing; recycled paper products; amount of funds expended ................ 1363, 1364, 1574, 1581, 1975, 2081, 2370
HB 40--Employees' Retirement System; Members Drafted Armed Forces; employer contributions to pension accumulation fund ............. 189, 192, 405, 452, 494, 555, 647, 680, 697
HB 42--Retirement; certain public systems; board of directors; remove Insurance Commissioner; add DOAS, Fiscal Director or teacher .................... 271, 275, 640, 675, 1116, 1148, 1426
HB 43--Retirement and Pensions; Employer Contribution Rates Set by Board of Trustees; certain departments .............. 189, 192, 405, 452, 494, 555, 647, 680, 698
HB 44--Lowndes County; State Court; judge; full-time; not practice private law; compensation .................. 112, 117, 142, 162
HB 47--Bad Checks; check dishonor fees; service charges; written demands .............................. 187, 193, 303, 350, 412, 430

2404

JOURNAL OF THE SENATE

HB 62--Malt Beverages Produced Home Consumption; define head of household.............................................. 840, 842
HB 63--DUI; amount of alcohol in person's blood; presumptions; fines; alcohol, drug treatment; publication of names; penalties .............. 1157, 1162, 1378, 1436, 1594, 1595, 1692, 1726, 1780, 1789, 2312, 2368
HB 66--Habitual Violators; forfeiture of vehicle; procedures; judicial sale; proceeds; lienholder defense; family hardship ............. 666, 669, 927, 964, 1116, 1133, 1946, 2061
HB 67--Elections; State Board; contested primaries, elections, or recall petitions; judicial review; selection of presiding judge; procedures ................ 340, 343, 639, 675, 1451, 1565
HB 68--Elections; Code Title 21; correct errors, omissions, typos .............................. 172, 178, 245, 279, 311, 330
HB 69--Courts; Appellate Cases; applications; increase bill of costs ............................ 339, 343, 1212, 1262, 1451, 1530, 1802
HB 70--Courts; Appeals in Actions for Damages; judgments of $10,000 or less .... 339, 343, 1212, 1262, 1389, 1414, 1693, 1788, 1829, 1835, 2114, 2152
HB 72--Controlled Substances or Marijuana Violations; property subject forfeiture; substantial revisions; seizure; sales; distribution of proceeds ....... 298, 302, 1212, 1262, 1318, 1342, 1960
HB 78--Retirement and Pensions; Teachers; members who elect Board of Regents plan; transfer contributions ....... 187, 193, 405, 452, 494, 555, 611
HB 84--Appropriations; supplemental FY 1990-1991; Department of Labor .......................... 272, 275, 448, 484, 555, 607
HB 85--Appropriations; supplemental FY 1990-1991; general obligation debt ............... 121, 125, 179, 198, 219, 220, 223, 242
HB 86--Marijuana; offense of trafficking; quantity involved; punishment........................................... 298, 302
HB 87--Juveniles Committing Drug Trafficking; designated felony acts; prosecution; restrictive custody; confinement; drug treatment ................................................ 211, 215
HB 93--Ad Valorem Taxes; dates to open and close books for return of taxes ........................... 667, 669, 844, 886, 971, 1046
HB 94--Tybee Island, City of; elections; mayor, councilpersons; time, terms ............................ 112, 117, 246, 249
HB 96--Physically Disabled Persons; right to be accompanied by a service dog .................... 440, 445, 1168, 1217, 1390, 1423, 1804
HB 97--Deeds to Secure Debt; failure to supply cancellation upon payment within time limit; damages ....................... 747, 751, 1167, 1217, 1389, 1395, 1450, 1458, 1815, 1859, 2155
HB 117--Workers' Compensation; claims; filing date . 173, 178, 448, 484, 556, 647, 657 HB 118--State Agencies; Administrative Procedure Act; documents filed by
receipt date or mail postmark date . . . 173, 178, 1113, 1169, 1451, 1553, 1802 HB 120--Appropriations; supplemental FY 1990-1991; certain changes .......... 1205,
1208, 1376, 1436, 1594, 1659, 1664, 1886, 1909, 1947, 1952, 2187, 2269 HB 122--Public Safety Department; Motor Vehicle Accident
Reports; copy fees ........................ 271, 275, 552, 643, 680, 704 HB 123--Driver's License; Suspension or Revocation; marijuana possession
conviction; reinstatement ............... 1251, 1253, 1576, 1585, 1684, 1735 HB 125--Probation; Offenders Sentenced Community Service;
use for private gain prohibited ......... 172, 178, 845, 886, 1976, 2136, 2369 HB 127--Stephens County; Magistrate Court; chief
magistrate; nonpartisan nomination and election ......... 137, 141, 196, 200 HB 129--DUI; intoxicated persons; detention period prior
release on bail ........................ 479, 481, 845, 886, 1174, 1193, 1427 HB 133--Motor Vehicles and Traffic; accident reports; disclosure limitation;
news dissemination; research ....... 1101, 1108, 1259, 1309, 1451, 1566, 1803

INDEX

2405

HB 134--Property; Residential; security deposits; military personnel; liability for rent. .................... 338, 344, 641, 675, 851, 862
HB 139--Commercial Vehicles; driver's license requirements; disqualifications............. 957, 959, 1259, 1309, 1451, 1532
HB 140--Georgia Aviation Hall of Fame; board; joint legislative overview committee created; funds; powers, duties............ 1359, 1364, 1574, 1585, 1976, 2138, 2177, 2180, 2325, 2326
HB 143--Engineers and Surveyors; professional; certification; define terms; regulate; qualifications; use of seal; change OCGA references ....... 633, 637
HB 145--Motor Vehicle Insurance; premium discounts to defensive drivers or honor students; eligibility requirements; conditions; insurer report ...... 271, 275, 448, 484, 556, 647, 658, 1804
HB 146--Educators; sexual offenses committed by school personnel; reports ......................... 920, 922, 1165, 1217, 1451, 1536
HB 149--Radios, Stereos; Motor Vehicles; devices audible from 100 feet distance; prohibited ....... 493, 546, 717, 757, 971, 1048, 1803
HB 167--Code of Georgia; OCGA; errors and omissions corrections; revisions; modernizations ........... 173, 178, 449, 484, 556, 647, 659, 1428
HB 168--Code of Georgia; Amend Title 47; typographical, errors and omissions corrections ................ 211, 215, 305, 350, 412, 431
HB 170--Criminal Procedure; Probation; orders for shortening period; procedure; notices; hearing.... 173, 179, 305, 350, 412, 432
HB 171--Webster County; board of commissioners; create ......... 137, 141, 196, 200 HB 172--Carlton, City of; mayor and council; time of
election, terms; vacancies; grammatical changes .......... 137, 141, 196, 200 HB 173--General Assembly; Clerk of House and Secretary
of Senate; succession to office . . . 187, 193, 641, 676, 851, 859, 971, 1042, 1802 HB 174--Livestock; disease control; bovine diseases, swine mycobacteriosis;
issuance of injunctions; procedures......... 188, 193, 448, 485, 556, 647, 660 HB 175--Farm Tractor Purchases; Farm Equipment Warranty
Act; enacted ...................... 1102, 1108, 1433, 1577, 1816, 1915, 2154 HB 177--Agriculture; Packaged Commodities; weights,
measures; testing; sampling procedures ..... 188, 193, 448, 485, 556, 647, 661 HB 179--Anabolic Steroids; Schedule III dangerous drug
listing; repeal penalties ........................ 338, 344, 551, 643, 680, 705 HB 182--Solid Waste Handling Facilities; major permit modifications;
vertical expansion; limitations ........ 666, 670, 1167, 1217, 1594, 1612, 1803 HB 186--Corrections; Escapees; peace officers, use of
deadly force to prevent or apprehend ........... 440, 446, 552, 643, 680, 706 HB 187--Driver's License Deposit Lieu of Bail; valid
receipt; time period ....................... 211, 215, 1805, 1807, 1976, 2096 HB 188--Civil Actions; Summons; by whom served; appointed process
servers over age 18 years ........ 1360, 1364, 1576, 1585, 1976, 2097, 2371 HB 195--Elections; special; municipal special; uniform
dates; exception............................... 173, 179, 245, 280, 311, 330 HB 196--Campaign Contribution Disclosure Reports; filing;
unopposed candidates ............................. 173, 179, 409, 639, 676 HB 198--Elections; Referendums on Taxation Questions;
time peroid for date of election .................... 1103, 1108, 1377, 1436 HB 199--Courts; Juvenile; associate judges; change certain authority, jurisdiction;
add to Council of Juvenile Court Judges ......................... 271, 275, 1212, 1262, 1594, 1684, 1776
HB 201--Elections; Candidates; write-in; notice of candidacy; designate specific office .......... 297, 302, 405, 452, 494, 555, 647, 680, 699
HB 202--Superior Courts; Clerks; vacancies in office; period chief deputy shall serve .... 297, 302, 405, 452, 494, 555, 647, 680, 700

2406

JOURNAL OF THE SENATE

HB 204--Elections; Municipal; notice of candidacy; filing time period...................... 298, 303, 405, 452, 494, 555, 647, 680, 701
HB 207--Crime Information Center; dissemination; criminal history records to county boards of registration and elections........ 1361, 1364, 1574, 1581
HB 208--Business Records; 3-year retention requirements; exceptions .............................. 1101, 1109, 1309, 1379, 1684, 1736
HB 209--County Tax Commissioner; vacancy in office; special election to fill............. 298, 303, 405, 453, 494, 555, 647, 680, 701
HB 210--GeorgiaNet Authority; Membership; powers; electronic data transmissions; executive director; employee benefits; excess funds ....... 340, 344, 716, 757, 1174, 1190, 1693, 1919, 2165, 2167, 2238, 2367
HB 213--Probate Courts; Mental Health Hearings; out-of-county patient; noncounty reimbursement ... 1103, 1109, 1378, 1436
HB 215--Georgia Courts Automation Commission; creation; membership; powers to implement state-wide system network; create advisory council............................. 271, 276, 449, 485, 556, 647, 662, 1428
HB 217--Hazardous Chemicals; definitions; federal regulated, labeled; applicability to state employees occupational exposure; amend provisions .......................... 839, 842, 1212, 1263, 1815, 1890, 2156
HB 218--MARTA; Annual Report and Payments Lists; notice of availability .................................................... 187, 193
HB 219--MARTA; Police, Security; qualifications; immunity; jurisdiction; arrest powers....................................... 188, 193
HB 220--Supreme Court; Motion for Rehearing; change to motion for reconsideration ................... 338, 344, 641, 676, 1117, 1153
HB 221--MARTA; Reserve Funds; use of interest income for operating costs................................................. 188, 194
HB 223--Mechanics' and Materialmen's; claimant notify property owner or contractor ........... 270, 276, 672, 718, 1174, 1188, 1427
HB 224--Real Estate Brokers, Salespersons; licenses; revise requirements, qualifications, nonresident reciprocity; revocation; regulations .......... 666, 670, 845, 886, 1116, 1139, 1145, 1693, 1794
HB 226--Georgia Nonprofit Corporation Code; comprehensive revision of organization, incorporation, operation, regulation, members, obligations .......... 1249, 1253, 1377, 1436, 1815, 1861
HB 231--Housing Authority Police; arrest powers; conditioned upon peace officer training; contracts for police services ................. 271, 276, 305, 351, 412, 433, 455, 457, 458, 476, 494, 556, 620, 622
HB 232--Georgia Mutual Aid Act; contracts, agreements with other states, federal law enforcement agencies ................... 1156, 1162, 1259, 1309, 1594, 1816, 1913
HB 233--Ad Valorem Tax; property fair market value; criteria; consideration of state, federal restrictions, limitations on the land use............................................ 711, 713, 1211, 1263
HB 235--Public Officers and Employees; Governing Bodies; filling of vacancies in office; appointments ........ 1251, 1253, 1434, 1577
HB 236--Chatham-Savannah Youth Futures Authority; additional members; terms; quorum; residency ........... 172, 179, 246, 249
HB 237--Acworth, City of; sale of water, sewer system; expenditures; special election........................... 172, 179, 246, 249
HB 238--Emergency Management Rescue Specialist; indemnification ................... 1102, 1109, 1376, 1436, 1594, 1684, 1755
HB 240--Sexual Offenses; victims under age 16; exclusion to limitation on prosecution.......................... 439, 446, 1377, 1436
HB 241--Counties; Emergency Management, Office of; establishment; disaster relief funds ... 399, 402, 926, 965, 1975, 2084, 2370

INDEX

2407

HB 244--Inmates; illiteracy; testing below 5th grade reading level; required instruction; incorporate parole guidelines............... 1361, 1364
HB 245--Motor Vehicles and Traffic; License Plates; registration, certificates of title; driver's licenses; equipment; inspections; traffic offenses; revise, modernize, clarify ... 399, 403, 884, 929, 1174, 1197, 1693, 1758, 1829, 1836
HB 247--Driver's License; issuance; restricted permit; 14 year old; assist visually impaired parent or guardian .... 211, 215, 348, 408, 456, 469
HB 248--Penal Institutions; inmate random drug tests; GBI investigate abuse.................................. 1157, 1162, 1258, 1309
HB 251--Inheritance; child born out of wedlock; paternal kinship; evidence.......................... 440, 446, 1212, 1263, 1975, 2057
HB 256--Certified Public Weighers; repeal surety bonds requirement ............................. 188, 194, 448, 485, 556, 647, 663
HB 257--Property; Ad Valorem Tax; reappraisal; changed valuation on appeal; tax notices .... 1206, 1208, 1577, 1582, 1684, 1756, 1962
HB 259--Civil Actions; Breach of Restrictive Covenants; building set-back lines violations; statute of limitations ..... 339, 344, 672, 719, 851, 872, 1427
HB 261--License Plates; Special; commemorate 1996 Olympic Games; agreement for use of logo..... 919, 922, 1167, 1217, 1389, 1390, 1804
HB 263--Income Tax; credit; employer provided basic skills education program ....................... 272, 276, 405, 453, 494, 555, 612
HB 264--Tax Assessors, Appraisal Staff; entry upon property ................... 789, 791, 1211, 1263, 1390, 1422
HB 266--Ad Valorem Tax; agricultural preferential assessment; beginning period; unpaid taxes; final settlement period..................... 1156, 1163, 1377, 1436, 1976, 2116, 2370
HB 268--General Assembly; Lobbyists; registration of persons representing state agencies ...... 633, 637, 845, 886, 971, 1038, 1804
HB 269--Vital Records; Registration; births, death, medical certifications; when and by whom filed............. 297, 303, 1112, 1169, 1451, 1546, 1801
HB 271--Explosive Devices; criminal possession of bombs, grenades; penalties .......................... 338, 344, 641, 676, 1174, 1200
HB 272--Fire Sprinklers or Water-Spray Systems; pipe installers; valid licenses ............................................ 340, 344, 1213, 1263, 1389, 1400, 1693, 1751, 1829, 1831, 2153, 2353
HB 274--Environmental Protection Division of DNR; director; advisory council; appointment. . 271, 276, 449, 485, 556, 647, 663, 1428, 1464
HB 275--Smoking or Use of Tobacco By Students Prohibited School Property or Buses ..................................... 1363, 1364
HB 276--Pregnant Females; drug users; priority admission drug abuse treatment programs ...... 298, 303, 1379, 1437, 1974, 2021, 2154
HB 279--Insurance; Health; pharmaceutical coverage; requiring exclusive utilization of mail-order distributors prohibited ............. 547, 551, 1258, 1310, 1389, 1393, 1693, 1826, 1839, 1850, 2177, 2367
HB 280--Electric Generating Plants; certificated capacity resources; review modification by construction, purchase, sale or expenditures; rates ............................... 633, 637, 1434, 1577, 1974, 1988, 2155
HB 281--Crane Game Machines, Devices; exception to gambling prohibitions .................................. 340, 345, 639, 676, 851, 863
HB 283--Ad Valorem Tax; assessment; current use value; farm, timber, environmentally sensitive lands and residential transitional properties .................................... 633, 637, 1377, 1437, 1815, 1867, 2001, 2018, 2072, 2078, 2274, 2368
HB 284--Appropriations; supplemental SFY 1990-91 .................. 266, 448, 485, 555, 559, 607, 611, 667, 683, 702, 703, 1049, 1050, 1098, 1593
HB 285--Appropriations; general; State FY 1991-1992 .................... 1203, 1376, 1437, 1594, 1614, 1658, 1664, 1666, 1685, 1694, 1706, 2187, 2368

2408

JOURNAL OF THE SENATE

HB 287--Georgia Municipal Training Institute; board of directors; additional mem ber; training classes for city clerks; funding...... 399, 403, 672, 719, 851, 867
HB 288--Agencies Transporting Patients, Inmates Diagnosed Communicable Dis ease; notification requirements; confidentiality . . .439, 446, 551, 643, 680, 707
HB 289--Child Abuse; Reports; access to records; relevant employment conduct; protect identity certain persons; reclassification of cases ........... 547, 551, 1113, 1169, 1224, 1241
HB 290--Superior Courts; Clerks; fees; change charges, amounts, collection ................ 1358, 1365, 1576, 1585, 1683, 1712, 1961
HB 291--Workers' Compensation; Coverage; inclusion of certain volunteer workers; conditions.............. 272, 276, 448, 485, 556, 647, 680, 691, 1427
HB 292--Horse Shows, Competitions, Performers, Parades; equine activities; limit liability of professionals; exceptions ........................ 839, 842, 1210, 1263, 1389, 1397, 1860, 1950
HB 293--Retail Contracts; revolving accounts; delinquency charges .................................... 711, 713, 844, 887, 1116, 1136
HB 294--Decatur County; Tax Commissioner; compensation ....... 187, 194, 246, 249 HB 295--Conditioned Air Contractors; licenses; renewal; regulation; display ...... 895,
896, 1434, 1578, 1684, 1772, 1999, 2037, 2101, 2118, 2241, 2368 HB 296--Retirement and Pensions; Public Employees; retirees; health
care benefits; prefunding future cost ........ 839, 842, 1259, 1310, 1451, 1539 HB 298--Family Violence or Protective Order Violations; felonious acts; arrest based
probable cause; enforcement officer duties; notice to judge ......... 919, 922 HB 303--Employment Security Law; Comprehensive Revision; redesignate, relocate
provisions; unemployment compensation; define employing units, contributions due on wages paid................ 440, 446, 640, 676, 851, 858 HB 308--Juror Lists; use for commercial solicitation prohibited ........................................ 1360, 1365, 1675, 1676 HB 313--Municipal Courts; judges; certificate of training; redefine term...... 399, 403,
641, 676, 971, 1047 HB 314--Insurance; Motor Vehicle Accident Reparations Act; comprehensive
revision ........................................................... 546 HB 315--Dentistry, Practice of; definition ........... 839, 842, 1166, 1218, 1451, 1542 HB 316--Fairburn, City of; Ad Valorem Taxes; homestead
exemption ............................................ 838, 843, 927, 931 HB 317--Nonpublic Postsecondary Institutions; personnel qualifications; permit re
newal; bonds; filing of complaint; fines ...................... 398, 403, 671, 719, 1174, 1223, 1231, 2157
HB 318--Nonpublic Postsecondary Institutions; application and renewal; special administrative fees ................. 398, 403, 671, 719
HB 319--Nonpublic Postsecondary Institutions; default claims; Tuition Guaranty Trust Fund participation; fees ......... 876, 880, 1575, 1582, 1685
HB 320--Technical and Adult Education, State Board; reduction in force policy for state technical institutes ........... 399, 403, 793, 848, 1223, 1236
HB 323--Shellfish; comprehensive regulation of; pickers, sellers, harvesting and taking; inspection; permits; tagging and shipment; lease of beds .................. 440, 446, 883, 929, 1174, 1187
HB 324--Property; Criminally Derived; illegal drug activity; prohibit sell or exchange .......... 633, 637, 1378, 1437, 1975, 2068, 2299, 2325, 2350, 2363
HB 326--Newton County; Industrial Development Authority; additional revenue bond issuance ..................... 241, 244, 1167, 1172
HB 327--Newton County; Board of Education; compensation . . . . 241, 244, 1167, 1172 HB 328--Clinical Laboratories; requests by chiropractors
to examine specimens .......................................... 632, 637 HB 329--Administrative Procedure Act; Licensees; contested cases;
prehearing review of investigative files ....... 711, 713, 793, 848, 1116, 1132

INDEX

2409

HB 330--Cobb County; Millage Rate Determination; certification; adoption procedures ................................ 241, 244
HB 333--Delinquent Taxpayers; garnishment against persons indebted to defendant ............. 1101, 1109, 1376, 1437, 1594, 1815, 1862
HB 334--Taxes and License Fees; remittances; dishonored checks or money order; increase penalty. . . 1205, 1208, 1376, 1437, 1976, 2126
HB 335--Internal Revenue Code; revise definition; incorporate federal provision ................. 711, 714, 926, 965, 1116, 1146
HB 336--Sales Taxes; payment of tax by contractors; surety bond requirements ................................ 1251, 1253, 1376, 1437
HB 338--Income Tax; payment; change time for corporations ............... 712, 714, 926, 965, 1116, 1147
HB 340--Taxpayer Appeals; surety bonds; value of property title or interest ........................... 957, 959, 1377, 1437, 1974, 1998
HB 343--Workers' Compensation; Independent School Systems; participate municipal group self-insurance ...... 748, 751, 883, 929, 971, 1043
HB 344--Independent School Systems; participate interlocal risk management agency for municipalities .... 877, 880, 1165, 1218, 1451, 1539
HB 346--Teachers Retirement; Creditable Service; withdrawn contributions; reestablishment; interest payments...................... 339, 345, 640, 676
HB 347--Liability or Casualty Insurers; claimant requests for information; failure comply; sanctions ........................ 339, 345
HB 350--Telephone Service Carriers; 976, 900 numbers imposing per call charges; billing suspension; cease, desist orders . . 748, 752, 925, 965, 1117, 1150, 1427
HB 351--Certified Public Accounts; educational requirements ................................ 711, 714, 793, 848, 971, 1043
HB 355--Sumter County; Treasurer; abolish elected office; designate employee perform duties. ..................... 241, 244, 305, 307
HB 356--Catoosa County; Probate Court; parttime clerical assistance; employment; compensation .................. 241, 245, 305, 308
HB 358--DUI Alcohol or Drug Use Risk Reduction Programs; operators, instructors, criminal records checks; fees; corrections facilities ................. 633, 638, 1167, 1218, 1594, 1684, 1738, 1838, 1886
HB 359--Sumter County Project Financing Community Improvement District Act.............................. 241, 245, 305, 308
HB 360--Superior Courts; Blue Ridge Circuit, third judgeship; Gwinnett Circuit, sixth judgeship . 1301, 1304, 1575, 1582, 1684, 1732, 1815, 1834, 2155
HB 361--Cumming-Forsyth County Unification Commission; creation ....... 242, 245, 1963, 1966, 1970, 2050, 2055, 2101, 2134, 2309, 2368
HB 362--Mitchell County; Office of County Administrator; creation .............................................. 242, 245, 305, 308
HB 366--Homicide Punishable Injurious Acts; time within which death must occur ........... 1359, 1365, 1575, 1585, 1816, 1914, 2154
HB 373--Teachers; duty-free daily lunch period ........................... 547, 551 HB 374--Tallapoosa Circuit; superior court; change term;
Haralson, Polk Counties ................... 339, 345, 1113, 1170, 1224, 1238 HB 375--Firearms; statewide regulation; preempt, prohibit
local regulation ................................................ 839, 843 HB 377--Chatham County; Board of Education; chairman; time
of appointment ....................................... 270, 277, 348, 353 HB 378--Troup County; Board of Elections and Registration;
duties; assumption by superintendent ................... 270, 277, 449, 454 HB 379--Inmates; County Jails; assignment to home arrest programs; electronic
monitoring; restricted area; eligibility; earned wages ............... 711, 714, 793, 848, 1174, 1223, 1229
HB 380--Inmates; County Jails; assignment to work release programs; eligibility; revocation; earned wages ........... 711, 714, 793, 848, 1116, 1137

2410

JOURNAL OF THE SENATE

HB 383--Check Cashers; licensees operating more than one location; surety bonds ......... 1205, 1208, 1376, 1438, 1594, 1976, 2139
HB 386--Holly Springs, City of; mayor, council; time of election, taking office, term ............................ 270, 277, 348, 353
HB 387--Surety Bonds; Guaranteed Arrest Bonds Issued by Auto or Truck Clubs; increase amount ........ 749, 752, 883, 930, 1116, 1133
HB 388--Cherokee County; Board of Education; district vacancies; members changing residence.................. 270, 277, 348, 353
HB 389--Personal Care Homes; directors, employees; hearings to mitigate convictions barring license or employment. . 748, 752, 1377, 1438, 1976, 2121
HB 395--Mitchell County; Hospital Authority; membership; number of; terms; appointment; vacancies ............... 270, 277, 406, 411
HB 396--Stolen Vehicles; report of theft to Crime Information Center................ 1249, 1253, 1576, 1582, 1685, 1975, 2058
HB 397--Jackson County; board of commissioners; rilling of vacancies ......................................... 270, 277, 348, 353, 441
HB 398--Rockdale Judicial Circuit; Superior Court; second judgeship............................... 1301, 1304, 1575, 1582, 1814, 1821
HB 399--Georgia Child Care Council; creation; composition; duties; direction; federal block grant funds ............ 748, 752, 1168, 1218, 1389, 1409, 1802
HB 400--Insurance; Health Care Plans; formation of health care corporations; revisions..................... 633, 638, 754, 795, 851, 864
HB 402--Cemeteries and Burial Grounds; authority to perserve, protect; application for disinterment, reinterment...... 1206, 1208, 1434, 1578, 1815, 1839, 1974, 2038, 2177, 2260, 2309, 2337
HB 403--Local Boards of Education; meeting notices; newspaper publication ....................... 632, 638, 845, 887, 1174, 1186
HB 406--Occupational Diseases; asbestosis or mesothelioma; claims for disablement; time period for filing ......... 1156, 1163, 1575, 1582, 1683, 1815, 1865, 2156
HB 408--Mental Health; Psychologists; perform certain acts which physicians may perform ................................ 1157, 1163
HB 412--County Tax Digests; deficiencies; appeals from disapprovals; conditional approval; hearing officer; collections; assessments ................. 918, 923, 1377, 1438, 1815, 1866, 2157
HB 413--Income Tax; withheld employee wages; employer returns, payments; failure to file within prescribed time; penalty............................ 920, 923, 1211, 1263, 1389, 1406, 1802
HB 416--Assistant District Attorneys; duties; child support recovery; compensation ............ 1157, 1163, 1575, 1585, 1816, 1955, 2155
HB 417--Guardianships; limited or permanent duration; procedures to establish ............. 919, 923, 1378, 1438, 1816, 1943, 2156
HB 420--Excise Tax on Rooms, Lodgings or Accommodations; county and municipal authority to levy for coliseum, exhibit hall purposes; limitations ........ 919, 923, 1211, 1263, 1451, 1555, 2020, 2023
HB 422--License Plates; special; citizen band radio operator; repeal issuance................................ 439, 447, 552, 643, 680, 707
HB 423--Motor Vehicle Registration and Licensing Requirements; redefine "resident" .................................... 439, 447, 552, 643, 680, 708
HB 424--Hospital Authorities; state grants for public health purposes ........................................... 632, 638, 1377, 1438
HB 427--General Assembly; members; oath of office; state court judges administer............ 1156, 1163, 1434, 1578, 1685, 1975, 2086
HB 428--Local Legislation; notice of intention to introduce; author's affidavit............................ 665, 670, 926, 965, 1224, 1242
HB 429--Superior Courts; Judges; senior judges; persons who receive disability benefits .................. 918, 923, 1212, 1264, 1451, 1551

INDEX

2411

HB 434--Fire Suppression Systems or Fire Extinguisher Businesses; rules and regulation; licensure; permits; violations; penalties ............... 1359, 1365, 1574, 1582, 1976, 2119
HB 436--Counties; claims to unclaimed cash bail bonds; disposition ............................. 1250, 1254, 1576, 1585, 1976, 2141
HB 437--Athletic Trainers; revise definitions; state board members residency ........... 1359, 1365, 1441, 1576, 1586, 1684, 1753, 1962
HB 438--Livestock Dealers; liability in purchase or sale of leased livestock......................... 918, 923, 1210, 1264, 1684, 1731
HB 439--Inspection Permits; elevators, escalators, manlifts, boilers, pressure vessels, carnival rides; disposition of fees ........ 666, 670, 721, 883, 930, 1117, 1152
HB 441--Firemen's Pension Fund; Membership; revise definitions; eligibility; leave of absence; reinstatement conditions; overpayments ............... 399, 403, 640, 676, 851, 861
HB 442--Sheriffs; Retirement Fund; increase fees charged civil actions, remit to fund ..................... 398, 404, 640, 677, 852, 873
HB 446--Veterinarians; Scope of Practice; dental procedures ............................. 1251, 1254, 1433, 1578, 1684, 1771
HB 448--Family Violence; cases involving injury; bail procedures; conditions ................... 1102, 1109, 1378, 1438, 1594, 1607
HB 449--Family Violence; Investigations; basis of arrest decisions; written reports; contents ........... 1156, 1163, 1377, 1438, 1684, 1740, 1961
HB 450--State Purchasing; bills owed; enact Georgia Prompt Payment Act ..................... 1102, 1109, 1211, 1264, 1684, 1770, 1961
HB 451--Traffic Accidents Resulting Serious Injuries or Fatalities; driver's license suspension to refuse submit chemical test .... 1280, 1298, 1805, 1807
HB 454--Law Enforcement Officers, Firemen, Prison Guards, Public Service Commission Personnel; indemnification; applications; time for filing..... 920, 924, 1211, 1264, 1815, 1831, 1976, 2120, 2369
HB 455--Evidence; witnesses; state law enforcement officers; payment of fees ........... 1362, 1365, 1675, 1676, 1974, 2005, 2154
HB 456--Income Tax; capital gains; additional adjustment....... 920, 924, 1211, 1264 HB 461--Civil Practice; continuances; absence of witness residing outside
state; absence of lead counsel serving General Assembly ........... 399, 404, 1377, 1438, 1594, 1609, 1685, 1814, 1824, 1911, 1954
HB 462--McDuffie County; Deputy Coroner; appointment, salary ............................................ 297, 303, 483, 491, 634
HB 464--Tift County; Board of Commissioners; chairman; salary; county purchasing agent .............................. 338, 346, 449, 454
HB 465--Contracts; Public Works; bids; affiliated corporations rescinding bids in favor of affiliate; forfeiture of proposal guaranty .................. 919, 924, 1166, 1218, 1389, 1404, 1802
HB 468--License Plates; plates or tags resembling official plates prohibited.................... 919, 924, 1167, 1218, 1594, 1975, 2046
HB 469--Pleas of Insanity or Mental Incompetency Time of Crime; inpatient commitment; outpatient criteria; DHR release hearing requests..... 632, 638, 1212, 1264, 1815, 1888, 2155
HB 470--Check Cashers; License to Cash Checks; requirements; exemption .................................. 876, 881, 925, 965, 1116, 1131
HB 474--Occupational Therapists; Licensure; qualifications; examinations; permits; assistants; use of certain treatment techniques .................. 1249, 1254, 1377, 1439, 1594, 1608
HB 475--Cotton growers; boll weevil eradication assessments; hardship exemption; liens for payment; penalties .......... 339, 345, 1433, 1578, 1815, 1858, 2156
HB 476--Paupers' Burials; interment expense amount; governing authority discretion ................ 339, 345, 672, 719, 1451, 1532

2412

JOURNAL OF THE SENATE

HB 478--Judges; superior, inferior or juvenile; mandatory retirement age; exception; certificate of capability ........ 1102, 1110, 1259, 1310, 1451, 1534
HB 480--Ticket Agents; athletic contests; authorized service charge ......... 633, 638, 845, 887, 971, 1045, 1046, 1100, 1117, 1154, 1174, 1223, 1230, 1427
HB 482--Medical Assistance Department; Indigent Care Trust Fund contributions........................ 633, 638, 1112, 1170, 1269, 1297
HB 483--Superior Court Judges; contributions; withdrawal; postretirement cost-of-living benefits ........ 711, 714, 1259, 1310, 1389, 1391
HB 484--Peace Officers Annuity and Benefit Fund; Beneficiary Records; errors of overpayment or underpayment; correction ..................... 340, 345, 640, 677, 851, 866
HB 488--Counties; facilities development; capital improvements; local plans, committees; state matching grants . . 1206, 1209, 1577, 1582, 1685, 1974, 1977
HB 490--Whitfield County; Board of Education; election; terms .... 398, 404, 483, 491 HB 492--Evidence; admissibility of nonerasable optical
image reproductions ....................... 918, 924, 1212, 1264, 1451, 1559 HB 493--Tallapoosa Judicial Circuit; Additional Assistant District Attorney;
county payments; Paulding, Polk, Haralson Counties .............. 399, 404, 1113, 1170, 1451, 1529
HB 497--Cobb County; Board of Commissioners; compensation ............ 398, 404 HB 508--Certificate of Need; outpatient diagnostic and surgical clinic services;
applications for exemptions; violations; fines ...................... 493, 546, 716, 757, 1116, 1128, 1131, 1887, 1891
HB 514--Gas Utilities; rate-making proceedings; filing cost of service data ........................ 789, 791, 926, 965, 1224, 1236, 1961
HB 516--Atlanta Judicial Circuit; superior court; additional judge ....................... 1301, 1304, 1575, 1582, 1815, 1887
HB 518--Atlanta, City of; Zones; residential, acreage exception, units for homeless persons; commercial rehabilitation, taxable value ................ 1155, 1164,
2158, 2160, 2163, 2299, 2370 HB 519--Deprived Children; foster care placement; case review;
additional period............................................. 1251, 1254 HB 524--Tallapoosa, City of; City Manager; tenure of office and
removal .............................................. 398, 404, 483, 491 HB 526--Highways, Roads or Streets; pavement markers;
restricted use of .......................... 748, 752, 1213, 1265, 1976, 2136 HB 528--Mechanics and Materialmens; Liens; forms; affidavits of nonpayment;
waiver and release upon payments; suppliers of rental tools, equipment..................................................... 788, 791, 1212, 1265, 1450, 1522, 1803 HB 531--Property; Personal; custody of law enforcement; disposition; evidence; return.............. 1103, 1110, 1259, 1310, 1974, 2028 HB 532--Lee County; Board of Elections; repeal.................. 665, 670, 926, 965 HB 533--Workers' Compensation; Group Self-insurance Fund; expand definition of county ........ 1358, 1365, 1805, 1807, 1975, 2090, 2369 HB 534--Gwinnett Circuit; superior court; sixth judgeship ..... 1301, 1304, 1575, 1583 HB 536--Effingham County; State Court; judge, solicitor; change salary ......................................... 439, 447, 641, 645 HB 537--Courts; Probate; change costs for specific services; computerized records ...... 1206, 1209, 1805, 1807, 1974, 1982, 2155 HB 540--Probate Courts; Year's Support; criteria to grant additional year. ................... 1156, 1164, 1576, 1586, 1975, 2050, 2154 HB 542--Fulton County; Office of Sheriff; revise obsolete provisions ........................................ 1155, 1164, 1806, 1810 HB 544--Atlanta Community Improvement District Act; purposes; powers; boards. ............ 747, 752, 1378, 1382, 1387, 1911, 2087

INDEX

2413

HB 546--Health Care Facilities; permit to operate; final

revocation orders....................... 956, 960, 1166, 1218, 1389, 1416

HB 547--Child Support; enforcement; income deduction orders; earnings report;

notices; parentage tests; confidential records ................ 711, 714, 1377,

1439, 1683, 1708, 2154

HB 548--Airport Property acquisition; prohibit condemnation by counties,

municipalities outside boundaries for certain time period .......... 665, 670,

794, 848, 971, 1039

HB 549--Garden City; mayor, council; elections; time; terms; oath;

organizational meeting................................. 439, 447, 641, 645

HB 550--Workers' Compensation; medical benefit charges; employer failure

to pay ...................................................... 1280, 1298

HB 553--Norcross, City of; council-manager form of government . . . 788, 792, 927, 931

HB 554--Persons Charged AIDS Transmitting Crimes; HIV testing; disclosure

to victims; prohibit use of results by courts................. 840, 843, 1377,

1439, 1594, 1683, 1685, 1960

HB 555--Torts; immunity from liability; volunteer

transportation services................... 1359, 1366, 1675, 1676, 1975, 2053

HB 557--School Bus Drivers; monthly salary longevity

increases ............................... 1363, 1366, 1434, 1578, 1684, 1737

HB 558--Water Systems and Wastewater Treatment; plant operators, laboratory

analysts; certification; reciprocity; Board of Examiners............. 956, 960,

1259, 1310, 1685, 1816, 1899

HB 560--Juvenile; incorrigible child sentenced Department of Corrections for

special management; change effective date of 1990 Act

... 749, 752,

1377, 1439, 1684, 1780

HB 561--Water Well Construction; contractor licenses;

performance bonds ...................... 1362, 1366, 1575, 1583, 1816, 1928

HB 563--Real Estate Transfer Tax; Exemption; deed of assent

or distribution by an executor ............ 1157, 1164, 1676, 1677, 1815, 1853

HB 567--Public Indecency; third or subsequent conviction;

punishment. ...................... 1102, 1110, 1378, 1439, 1685, 1975, 2070

HB 569--Property; Dispossessory Proceedings; issuance of summons;

magistrate court clerk or deputy clerk ...... 877, 881, 1167, 1219, 1451, 1560

HB 572--Juvenile Courts; office of senior judge created................... 1206, 1209

HB 574--False Reporting of Theft or Conversion of a

Vehicle; penalty ........................ 1206, 1209, 1576, 1583, 1974, 2044

HB 576--Funeral Directors and Embalmers; apprenticeships; modify

registration provisions ............................... 956, 960, 1211, 1265

HB 578--Georgia Building Authority; railroad operations;

property acquisition ....................... 957, 960, 1213, 1265, 1451, 1561

HB 582--Nonpublic Postsecondary Institutions Act; medical

school exemption ...................... 666, 670, 793, 848, 971, 1040, 1427

HB 583--Butts County; Board of Commissioners; receipts and disbursements;

publication ........................................... 476, 481, 641, 645

HB 584--Libraries; public systems; boards of trustees;

members ........................... 877, 881, 1165, 1219, 1684, 1814, 1817

HB 585--Butts County; Superior Court Clerk; compensation; salary

in lieu of fee system................................... 476, 481, 641, 645

HB 587--Butts County; Tax Commissioner; compensation ......... 476, 481, 641, 645

HB 589--School Personnel Certification; transfer functions to Professional

Standards Commission from Department of Education ............ 748, 753,

845, 887, 971, 1044

HB 592--Griffin-Spalding County Board of Education; members;

compensation ......................................... 476, 481, 641, 645

HB 593--Pike County; School District Taxes; homestead exemption;

certain residents ............................ 477, 482, 641, 645

2414

JOURNAL OF THE SENATE

HB 594--Used Car Dealers' Registration Act; licenses; exemptions; pawnbrokers; leasing companies; antique autos; auctions; suspension violations . 1302, 1304,
1381, 1805, 1807, 1974, 2002fcst]HB HB 597--Screven County; Board of Commissioners; members;
compensation ......................................... 477, 482, 641, 646
HB 599--Cobb County; Private Sector Survey Committee on Cost Control in County Government ......................................... 477, 482
HB 601--Candidates for State Office; testing for illegal drugs defined; qualified laboratories; pauper's reimbursement .................... 956, 960
HB 602--Local Governing Bodies; investments of risk management and self-insurance funds ................. 1206, 1209, 1434, 1578, 1975, 2083
HB 604--Adoption; Documents; affidavits; petitions; applications and fees; surrender; decrees; prohibit placement inducements; examination of records ........................ 1205, 1209, 1379, 1439, 1816, 1904, 2156
HB 605--Toilets, Showers, Faucets; water use requirements; prohibited sales .... 1102, 1110, 1435, 1578, 1684, 1795, 1849, 2009, 2118, 2131, 2297, 2368
HB 607--Atlanta, City of; Motor Vehicle Self-Insurers; authority; population reference ............. 875, 881, 1168, 1219, 1390, 1418
HB 608--Municipalities of 350,000 or More; change population figures various provisions of O.C.G.A. Title 36 ............................ 875, 881, 1168, 1219, 1450, 1460, 1815, 1863, 2154
HB 609--Income Tax; Returns for Cities of 350,000 or more; change population figures ............ 875, 881, 1168, 1219, 1450, 1462
HB 610--Campus Police; law enforcement powers repealed; cities of 400,000................................................ 918, 924
HB 611--Public Safety Radio Services; change population requirements ............................. 876, 881, 1168, 1219, 1450, 1463
HB 612--City Business Improvement Districts; cities of 400,000; repeal Act.................. 876, 882, 1168, 1219, 1450, 1464
HB 613--License Plates; special; firefighters; authority for issuance ...................................... 1361, 1366, 1576, 1583
HB 614--Housing Authorities; commissioners; cities of 350,000 population ........................ 876, 882, 1168, 1219, 1450, 1518
HB 615--Public Works Projects; eminent domain powers; cities of 350,000. ..........................876, 882, 1168, 1219, 1450, 1519
HB 616--Water Well Standards Advisory Council; extend to 1997 ....................................... 788, 791, 884, 930, 1224, 1241
HB 619--Fort Valley, City of; municipal elections; time; qualifications ......................................... 632, 639, 717, 721
HB 626--Counties; unincorporated areas; ordinances; increase maximum fines ................. 1156, 1164, 1309, 1379, 1976, 2132
HB 637--State Employees; Retirement Systems; joint investments; pooled trust funds ............. 956, 960, 1259, 1310, 1594, 1684, 1976, 2134
HB 642--Georgia Basic Health Insurance Plan; development of model plan; coverage for persons poverty level incomes ................. 789, 791, 1112,
1170, 1224, 1239, 2177, 2300 HB 643--Mountains, River Corridors, Wetlands; protection;
standards, procedures ............. 1362, 1366, 1435, 1579, 1815, 1849, 2156 HB 646--Motor Vehicle Franchises; distributor protection;
dealer warranty reimbursement. .... 1102, 1110, 1259, 1311, 1450, 1521, 1802 HB 647--Douglas County; Community Improvement Districts
Act; enact .................................... 665, 671, 794, 796, 797, 878 HB 648--Water Pollution; violations; orders of abatement;
procedures ....................... 1250, 1254, 1576, 1583, 1976, 2108, 2370 HB 649--Fulton County; Motor Vehicle Registration;
staggered periods ................................. 1155, 1164, 1806, 1811

INDEX

2415

HB 652--Hazardous Waste Management act; change certain definitions .............................. 1358, 1366, 1435, 1579, 1684, 1791
HB 653--Vehicle Trailers; house, auto, boat; annual license fees ........................... 1248, 1254, 1576, 1583, 1684, 1793
HB 654--Georgia Commission on Women; creation.......... 1360, 1366, 1806, 1807 HB 655--City of DeKalb Study Commission; create ....... 665, 671, 794, 796, 797, 805 HB 656--Teachers Retirement; Members Ordered Military Duty;
continuation of employer contributions ...... 956, 960, 1259, 1311, 1451, 1528 HB 657--MARTA; Reserve Funds; use of interest income for
operating costs..................................... 748, 753, 1378, 1382 HB 658--MARTA; Annual Report and Certain Listings; public
notice of availability. ...................... 748, 753, 1378, 1383, 1388, 1803 HB 659--MARTA; Police, Security; qualifications; immunity;
powers; jurisdiction............................................. 957, 961 HB 660--Agricultural Commodity Commission for Peanuts;
membership; qualifying .................... 956, 961, 1210, 1265, 1975, 2062 HB 663--Gwinnett County; Millage Rate Resolutions and Ordinances;
procedures; definitions; certification of taxable values .............. 710, 715 HB 664--Gwinnett County Recreation Authority; millage rate;
determination; taxable value certification; resolutions .............. 710, 715 HB 665--Savannah, City of; Mayor and Aldermen; residency
requirements ......................................... 710, 715, 794, 797 HB 667--Gay, Town of; city council, quorum; mayor pro
tempore, appointment ................................. 710, 715, 794, 797 HB 670--Elections; Polling Places; equipment; proposed Constitutional
amendment summary. ............. 1251, 1254, 1434, 1579, 1685, 1975, 2082 HB 671--Vehicle Operating Private Owned Residential Area;
traffic enforcement ........... 1250, 1255, 1378, 1439, 1594, 1976, 2145, 2369 HB 674--Public Roads; displaced wetlands; mitigation;
property acquisition ....................... 839, 843, 1213, 1265, 1815, 1832 HB 679--Prosecuting Attorneys' Council; administrative or
clerical personnel; compensation ............ 877, 882, 1167, 1220, 1975, 2083 HB 682--State Court; judge and solicitor; salary ........................... 747, 753 HB 683--Juvenile Delinquency Cases; records inspection;
fingerprint, photo file........................................... 919, 924 HB 684--DeKalb County; Recorder's Court; violation of
ordinances; maximum fines ............................ 747, 753, 846, 850 HB 685--Decatur County; State Court; judge; compensation ....... 747, 753, 794, 797 HB 686--Fairmont, City of; mayor, repeal veto power;
municipal court, jurisdiction ......................... 747, 753, 846, 850 HB 688--Rome-Floyd County Commission on Children and
Youth; add position ................................... 747, 753, 846, 850 HB 693--County Water, Sewer Systems; construction or
repair; materials requirements ............ 1362, 1367, 1805, 1807, 1974, 1977 HB 694--Public Transit Vehicles or Stations; crimes of
assault, battery; punishment ............. 1361, 1367, 1576, 1586, 1975, 2059 HB 695--Georgia Student Finance Commission, Higher Education
Assistance Corporation and Student Finance Authority; advertisement of programs .................... 1103, 1110, 1258, 1311, 1594 HB 699--Lilburn, City of; franchises; grant to certain utilities for use of streets, alleys; lengthen time period ................ 788, 792, 1113, 1115 HB 700--Houston County; Board of Commissioners; chairman; expense account; filling of vacancy...................................... 788, 792, 884, 889 HB 701--Barnesville, City of; City Council; elections .............. 788, 792, 884, 889 HB 706--Parks, Historic Sites, Recreational Areas; parking permits; intent.......................... 1101, 1111, 1259, 1311, 1389, 1403

2416

JOURNAL OF THE SENATE

HB 707--Boat Safety Act; hazardous areas; safety zones; registration; boating under influence, blood alcohol content; flotation devices .............. 1249,
1255, 1576, 1583
HB 708--Hunting, Fishing Licensed Bonded Agents; self-insurance; survey labels ........................ 1358, 1367, 1435, 1579
HB 709--Air Pollution Control; Pollutant Emission Sources; permits; fees; penalties ............ 957, 961, 1259, 1311, 1389, 1396
HB 718--Atlanta Judicial Circuit; Superior Court; chief judge; repeal 1963 Act.................. 1302, 1305, 1805, 1807, 1976, 2109
HB 720--Civil Actions; Stay of Proceedings; Soldiers' and Sailors' Civil Relief Act of 1940 ................ 1300, 1305, 1576, 1586
HB 727--Education; Textbooks; lost or damaged; sanctions against pupils; local policies........................ 1249, 1255, 1433, 1579
HB 728--Agricultural Commodities; use during nonworking hours; employer discrimination prohibited ...................... 1359, 1367
HB 730--Fulton County; School District Ad Valorem Taxes; homestead exemption; elderly and disabled persons; referendum. . 1155, 1164, 2158, 2159, 2160, 2369
HB 731--Municipalities of 6,000 or Less; city jail; persons in charge; dispatcher certified as jailer ... 1248, 1255, 1576, 1583, 1975, 2085
HB 732--Washington County; Board of Education; elections; powers; appoint school superintendent; referendum....... 838, 843, 927, 931
HB 733--Johnson County; Magistrate Court; costs; fees for county law library. ................................... 838, 843, 927, 931
HB 736--Ben Hill County; Board of Commissioners; composition ........................................ 838, 843, 1806, 1811
HB 737--Ben Hill County; School Superintendent; appointment by board of education ................................. 838, 844, 963, 969
HB 739--Limited Partnerships; indemnification of partners and other persons .................. 876, 882, 1212, 1265, 1594, 1975, 2072
HB 740--Chatham County and City of Savannah; Board of Education; method of filling vacancies; referendum ................. 838, 844, 927, 932
HB 744--Local School Systems; pilot projects; students at risk and dropouts ............................................ 1250, 1255
HB 746--Commercial Fishing; power-drawn nets; unlawful shrimping; violations; penalty............ 1249, 1255, 1576, 1584, 1816, 1951, 1999, 2052
HB 752--Catoosa County; Board of Elections and Registration; qualifications of members .............................. 838, 844, 927, 932
HB 753--Catoosa County; Board of Utilities Commissioners; member selection; terms ............................... 838, 844, 927, 932
HB 754--Mount Zion, City of; corporate limits; inclusion of certain territory .................................... 839, 844, 927, 932
HB 758--Health Care Providers; accreditation; review organizations; disclosure ................ 1251, 1255, 1576, 1586, 1816, 1912
HB 759--Rabun County; Superior Court; clerk; change compensation ........................................ 839, 844, 963, 969
HB 760--Beneficiaries of Service-connected Disability; guardians; compensation ................. 1300, 1305, 1576, 1586, 1976, 2140
HB 763--Correctional Industries Administration; executive officer; compensation ......... 956, 961, 1166, 1220, 1269, 1296, 1298, 1427
HB 764--Waycross, City of; Downtown Development Authority; additional member; tax collection contracts with Ware County ...... 875, 882, 963, 969
HB 766--Banks County; Coroner; salary per investigation ......... 875, 883, 963, 969
HB 769--Multiple Employer Self-insured Health Plans; regulation of; licensure ......... 1252, 1256, 1434, 1579, 1814, 1820, 1860, 1914, 2050, 2056
HB 770--Walker County Water and Sewer Utility Authority; creation .................................... 918, 925, 2158, 2159

INDEX

2417

HB 771--Dougherty County; Probate Court; judge; change salary ......................................... 918, 925, 1167, 1172, 1428
HB 772--Private Detective, Security Businesses; revise license requirements; exceptions; suspension for felony crimes ........................ 1249, 1256, 1434, 1579, 1976, 2097, 2370
HB 773--Workers' Compensation; independent contractors; equipment owner-operators .............. 1249, 1256, 1434, 1579, 1975, 2053
HB 774--Health Care Providers; inducements to attract patients; prohibit advertise waive insurance deductible or copayment .................. 1360, 1367, 1805, 1808, 1974, 2003, 2063, 2098
HB 776--Insurance; Administrators of Certain Plans; licensure; bonds; grounds for refusal ................ 1251, 1256, 1575, 1584, 1684, 1746, 1961
HB 781--Marietta, City of; Corporate Limits; deannex and exclude certain property ........................... 1911, 1923, 1963, 1966
HB 782--Tollway Providing Access to Island with Public Beach; parking fees ............... 1299, 1305, 1435, 1580, 1816, 1944, 2155
HB 785--Juveniles; serious traffic offenses; court jurisdiction; sanctions; reporting procedures .................... 1360, 1367, 1806, 1808, 1976, 2132
HB 787--Dawson County; Sheriff; compensation ................ 918, 925, 1113, 1115 HB 788--License Plates; special; veterans of U.S. Armed
Forces ................................. 1363, 1368, 1576, 1584, 1975, 2089 HB 789--Lamar County; Magistrate Court; chief magistrate;
nonpartisan election ................................. 918, 925, 1113, 1115 HB 790--Lamar County; Office of County Manager; repealed ... 918, 925, 1113, 1115 HB 791--Railroad Crossings; requirements to stop; vehicles carrying hazardous
waste or acidic liquids; all school buses . 1359, 1368, 1576, 1584, 1684, 1778 HB 792--Local School Districts or Systems; bonded indebtedness; withholding
state moneys to pay .......... 1360, 1368, 1434, 1580, 1684, 1752, 1962 HB 793--Teachers; sick leave; state funded and local funded leave days; maximum
contribution to banks or pools ......... 1301, 1305, 1434, 1580, 1684, 1744 HB 794--Georgia Trust Act; reenact; comprehensive
revision ................................ 1363, 1368, 1805, 1808, 1975, 2064 HB 798--Telephone Monitoring; license to intercept;
wiretapping exemption .................. 1300, 1305, 1805, 1808, 1976, 2128 HB 800--Oconee County; Board of Education; school
superintendent appointment; referendum ............ 1247, 1256, 1577, 1589 HB 802--Canton, City of; Mayor and Council; time of election, taking
office; terms; tax returns, inspections, executions ....... 955, 961, 1167, 1172 HB 803--Cherokee County; Board of Elections and
Registration ........................................ 955, 961, 1167, 1172 HB 804--State Games Commission; additional members;
powers; sites; contracts .................. 1102, 1111, 1165, 1220, 1389, 1417 HB 805--Cobb County; Operation Desert Storm Family
Assistance Commission; create........................ 955, 961, 1167, 1172 HB 808--Public Road Work; financing; Guaranteed Revenue
Debt Common Reserve Fund; General Obligation Debt Sinking Fund................ 1203, 1376, 1439, 1594, 1660, 1665, 1961 HB 809--Eastman, City of; Corporate Limits; extend, increase ............................................ 955, 962, 1167, 1172 HB 810--Dade County; Water and Sewer Authority; members; filling of vacancies .................................. 955, 962, 1167, 1172 HB 811--Hunting; Unlawful Killing of Deer at Night; property seizure; retention ............... 1363, 1368, 1435, 1580, 1815, 1861 HB 813--Chattooga County; State Court; judge, solicitor; salaries............................................. 955, 962, 1167, 1172 HB 814--Water Pollution Control; Pollutant Discharge Limitation of Phosphorus into Chattahoochee River ..... 1301, 1306, 1576, 1584, 1684, 1745, 1849, 1910

2418

JOURNAL OF THE SENATE

HB 819--Calhoun-Gordon County Airport Authority; add

members; terms; quorums.......................... 1101, 1111, 1213, 1222

HB 820--Development Authorities; powers to promote

industry, agriculture and trade ........... 1302, 1306, 1434, 1580, 1975, 2067

HB 822--Georgia Computer Systems Protection Act;

reenact. .......................... 1301, 1306, 1576, 1586, 1975, 2045, 2157

HB 823--Courts; Clerks; deposit of court costs for

collection of civil, criminal penalties ...... 1361, 1368, 1576, 1586, 1975, 2069

HB 824--Driver Training Schools; two-year licenses; minimum

surety bond; application fees ................. 1360, 1368, 1576, 1584, 1684

HB 825--Counties; zoning proposal review procedures;

encourage separate planning commissions .................... 1362, 1369

HB 826--Fulton County; Contracts; purchasing procedures;

resolution or ordinance; sealed bid............................. 1425, 1431

HB 829--Public Service Commission; Chairmanship; rotation

plan for one term; vice chairman selection........... 1359, 1369, 1434, 1580

HB 830--Pickens County; school district ad valorem taxes;

certain residents .................................. 1101, 1111, 1213, 1222

HB 831--Cherokee County; school district taxes; income

eligibility limits ................................... 1101, 1111, 1213, 1222

HB 833--Louisville, City of; new charter ..................... 1101, 1111, 1213, 1222

HB 835--Handicapped Persons; Mobility Impaired Persons and

Their Service Dogs; right to equal accommodations . . 1300, 1306, 1675, 1677

HB 841--Dade County; Board of Commissioners; create;

provide election districts........................... 1247, 1256, 1378, 1383

HB 843--Brunswick, City of; New Charter ................... 1155, 1165, 1259, 1268

HB 844--Agriculture; Dealers; bond requirements; businesses

purchasing dairy products ......... 1248, 1256, 1433, 1580, 1684, 1775, 1962

HB 845--Insurance; Life Policies; interest on proceeds,

payments due; change rate......... 1302, 1306, 1575, 1584, 1684, 1774, 1961

HB 849--Dentists; names of dentists practicing at a

location; post at entrance ...

1358, 1369, 1675, 1677, 1974, 2029, 2157

HB 852--Banks County; Magistrate Court; law library fees .... 1425, 1431, 1676, 1680

HB 853--White County; Magistrate Court; chief magistrate;

nonpartisan nomination and election................ 1155, 1165, 1259, 1268

HB 856--Centerville, City of; Police Court; fines and imprisonment; mayor,

council, city employment ..... 1156, 1165, 1259, 1315, 1381, 1384, 1389, 1670

HB 861--Forsyth County; Board of Commissioners; Chairman;

members; compensation............................ 1205, 1210, 1309, 1315

HB 863--Douglas County; Hospital Authority; vacancies;

method of filling .................................. 1205, 1210, 1309, 1315

HB 864--Pine Lake, City of; new charter .................... 1371, 1374, 1435, 1441

HB 866--Hamilton, City of; mayor's court; fines, length

of sentence ....................................... 1247, 1256, 1378, 1383

HB 867--Heard County; Board of Commissioners; provide new

board .................................. 1247, 1257, 1378, 1383, 1388, 1670

HB 873--Columbia County; Board of Education; appointment

of future school superintendents; referendum ........ 1247, 1257, 1378, 1383

HB 874--Glennville, City of; mayor, council; time of

election, taking of office, terms ..................... 1247, 1257, 1378, 1383

HB 875--Bailable Offenses; superior court judge may

delegate authority ............................................ 1301, 1306

HB 876--Marietta Public School System; board of education;

advertise vacancy ................................. 1247, 1257, 1435, 1441

HB 877--Cobb County; Magistrate Court; magistrates;

qualifications; number of; selection ................. 1248, 1257, 1378, 1383

HB 879--Putnam County; Hospital Authority; staggered terms . 1248, 1257, 1577, 1589

INDEX

2419

HB 880--Sparta, City of; new charter........................ 1299, 1307, 1577, 1589 HB 882--City of DeKalb Study Commission; create ........... 1248, 1257, 1378, 1384 HB 884--Commerce, City of; new charter .................... 1248, 1257, 1378, 1384 HB 885--Irwin County; Contracts; corrections facility
as commercial enterprise to house inmates .......... 1248, 1257, 1378, 1384 HB 886--Vehicles Transporting Etiologic or Biohazardous
Material; sign or placard requirements . . . 1301, 1306, 1378, 1440, 1684, 1769, 1975, 2095, 2126, 2133, 2165, 2166, 2323, 2367
HB 887--Carroll County; State Court; judge; compensation .... 1248, 1258, 1378, 1384 HB 889--Mental Health; Hospitalization; voluntary, involuntary patients; exams,
treatment, discharge decisions; attending physician; records disclosure ........................ 1302, 1307, 1576, 1586, 1816, 1929, 2157 HB 890--Kennesaw, City of; corporate limits ................. 1299, 1307, 1435, 1441 HB 891--Candler County; Magistrate Court; chief magistrate and magistrate; apppointment...................... 1299, 1307, 1435, 1441 HB 894--Radiation-generating Sites or Facilities; licensees; commercial sterilization; tanning equipment; regulate licensees; bond amount .... 1363, 1369, 1675, 1677, 1975, 2073, 2153 HB 899--Pike Clean and Beautiful Authority and Recycling Program; creation ................................. 1299, 1308, 1435, 1441 HB 901--Public Service Commission; Special Operating Fees Apportioned Among Utilities; calculation method ............... 1300, 1307 HB 902--Insurers; actions filed against unauthorized insurers; service of process upon Insurance Commissioner ............ 1360, 1369, 1434, 1580, 1684, 1777 HB 905--Insurance; Accident and Sickness; cancellation or nonrenewal group policyholders; notice requirements ...................... 1300, 1307,
1434, 1581, 1685, 1815, 1894, 2154 HB 906--Insurance; Credit Life, Accident and Sickness;
credit transactions; duration ........... 1300, 1307, 1434, 1581, 1815, 1857 HB 909--Moultrie, City of; ordinance violations;
penalties ......................................... 1299, 1308, 1577, 1589 HB 911--Loganville, City of; City Council; organization
meeting, oath; repeal removal city manager.......... 1299, 1308, 1577, 1589 HB 915--Kingsland Area Convention and Visitors Bureau
Authority Act; enact .............................. 1371, 1374, 1435, 1441 HB 916--Kingsland, City of; Corporate Limits; change ........ 1923, 1924, 1963, 1966 HB 917--Athens-Clarke County State Court; chief judge;
clerk of court..................................... 1371, 1374, 1435, 1442 HB 919--Surface and Air Transportation Regional Authority;
creation by contiguous counties; membership; powers; bonds; ordinance ........................................ 1359, 1369, 1806, 1808 HB 920--Bryan County; Sheriff; compensation. ............... 1371, 1375, 1577, 1589 HB 922--Warwick, City of; mayor, council; four-year term; qualification; election .............................. 1371, 1375, 1435, 1442 HB 923--Bryan County; Probate Court; judge; annual salary ............................................ 1371, 1375, 1577, 1589 HB 926--Gwinnett County; Board of Commissioners; authority to employ county historian.................................... 2101, 2147 HB 927--Warner Robins Building Authority; created..................... 1838, 1867,
1963, 1966, 1968, 2157 HB 928--World Congress Center; Police, Security Guards; jurisdiction; powers;
employee criminal records check... 1362, 1370, 1574, 1584, 1814, 1816, 2156 HB 929--Glascock County; Board of Commissioners;
obligations; payment method ....................... 1372, 1375, 1435, 1442 HB 930--Burke County Economic Development Authority Act;
enact ............................................ 1372, 1375, 1435, 1442

2420

JOURNAL OF THE SENATE

HB 931--Burke County Project Financing Community Improvement Districts Act........................ 1372, 1375, 1435, 1442
HB 933--State Employees; Drug Testing of Safety Sensitive and Critical Personnel Act of 1991........ 1358, 1370, 1675, 1677, 1974, 2148
HB 935--Coosa Water Authority; service area boundaries within Union County .............................. 1372, 1375, 1435, 1442
HB 940--Notla Water Authority; service area geographic boundaries; City of Blairsville facilities located Nottely River .... 1372, 1375, 1435, 1442
HB 941--Muscogee County; Board of Elections and Registration; creation; membership, powers, duties . . 1372, 1375, 1435, 1442
HB 942--Muscogee County; State Court; full-time chief assistant solicitor; duties, compensation ............. 1372, 1376, 1435, 1442
HB 945--Young Harris, City of; corporate limits.............. 1711, 1798, 1963, 1966 HB 947--Tallapoosa Judicial Circuit; Superior Court;
judges; district attorney; county supplement ......... 1372, 1376, 1435, 1442 HB 948--Centerville, City of; Corporate Limits ............... 1372, 1376, 1963, 1966 HB 951--Hancock County; Board of Commissioners;
compensation; cost of living increases .......................... 1425, 1432 HB 952--Putnam County; Board of Commissioners;
compensation; cost of living increases .......................... 1425, 1432 HB 953--Pulaski County; Board of Education; elections;
filling of vacancies; referendum ..................... 1668, 1673, 1806, 1811 HB 957--Macon County; Motor Vehicle Registration; repeal
designated periods ................................ 1425, 1432, 1676, 1680 HB 960--Cobb Judicial Circuit; district attorney, assistants,
chief investigator and investigators; salary supplement........... 1425, 1432 HB 961--Cobb County; Juvenile Court; judge; compensation .............. 1426, 1432 HB 962--Cobb County; Tax Commissioner, Chief Clerk, and
Secretary; compensation ...................................... 1426, 1432 HB 963--Cobb County; State Court; criminal cases; procedures;
contempt punishment; solicitor; compensation, retirement........ 1426, 1432 HB 964--Cobb County; Superior Court; clerk and deputy;
compensation ................................................ 1426, 1432 HB 965--Cobb County; State Court; clerk and chief deputy
clerk; compensation .......................................... 1426, 1433 HB 966--Cobb County; Probate Court; judge and clerk;
compensation ................................................ 1426, 1433 HB 967--Gwinnett County; Recorder's Court; solicitor
and assistants, appointment; compensation .......... 1568, 1572, 1676, 1680 HB 970--Cobb County; State Court; judges and associate
judges; annual salary ......................................... 1426, 1433 HB 971--Kingsland, City of; City Manager; change
mandatory provision .............................. 1923, 1924, 1963, 1966 HB 973--Camden County; Public Service Authority; powers;
cooperative contractual agreements ................ 1923, 1924, 1963, 1967 HB 974--Forsyth County; Board of Education; raise maximum
per diem ......................................... 1568, 1572, 1676, 1680 HB 975--Grayson, City of; Water Authority Act; enact........ 1568, 1572, 1676, 1680 HB 976--Pickens County; Board of Commissioners; create ..... 1711, 1798, 1963, 1967 HB 977--Cobb Year 2000 Commission; create ................ 1568, 1572, 1676, 1681 HB 978--Barnesville, City of; Elections; date ................. 1568, 1572, 1676, 1681 HB 979--Walton County; Probate Court; judge not serve as
chief magistrate ................................... 1568, 1572, 1676, 1681 HB 980--Conyers-Rockdale Amateur Athletics Authority;
create ............................................ 1569, 1572, 1676, 1681 HB 981--Muscogee County; Ad Valorem Tax; homestead
exemption; repeal certain adjustments .............. 1669, 1673, 1806, 1811

INDEX

2421

HB 982--Muscogee County; Ad Valorem Tax; homestead property, repeal certain assessment; referendum .... 1669, 1673, 1806, 1811, 1812, 1962
HB 983--Muscogee County; Ad Valorem Tax; homestead exemption; disabled veterans ....................... 1571, 1573, 1676, 1681
HB 986--Muscogee County; Ad Valorem Tax; homestead exemption; county, school taxes; certain residents .... 1571, 1573, 1676, 1681
HB 987--Toccoa, City of; Corporate Limits; extend ........... 1569, 1573, 1676, 1681 HB 988--Chattooga County; Board of Commissioners; create. . . 1569, 1573, 1676, 1681 HB 989--Douglasville-Douglas County Water and Sewer
Authority; right of entry and inspection ............. 1569, 1573, 1676, 1681 HB 990--Douglasville-Douglas County Charter Commission;
create............................................ 1668, 1673, 1806, 1811 HB 991--Duluth, City of; Mayor and Council; election and
terms ............................................ 1569, 1573, 1676, 1681 HB 992--Buford, City of; Corporate Limits; deannex certain
property ......................................... 1668, 1673, 1806, 1811 HB 995--DeKalb County; Ad Valorem Tax; county, school
taxes; certification; millage rate..................... 1569, 1573, 1806, 1811 HB 996--DeKalb County; Special Services Tax Districts;
municipality may exclude itself. ......... 1569, 1573, 1676, 1681, 1682, 1961 HB 997--DeKalb County; State Court; costs and fees ..... 1567, 1574, 1963, 1967 HB 998--DeKalb County; Community Relations Commission;
terms .................................. 1569, 1574, 1963, 1967, 1969, 2157 HB 1005--Newton County; Ad Valorem tax; homestead
exemption; county, school taxes; referendum ......... 1669, 1673, 1806, 1812 HB 1006--Rockdale County; Board of Registrations and
Elections; repeal Act creating ................................. 1668, 1674 HB 1007--DeKalb County; Chief Executive Officer; annual
salary .................................. 1668, 1674, 1963, 1967, 1972, 2153 HB 1008--Macon, City of; Corporate Limits; change ........... 1668, 1674, 1806, 1812 HB 1010--Henry County; Community Improvement Districts;
create............................................ 1668, 1674, 1806, 1812 HB 1011--Stockbridge, City of; new charter ......... 1668, 1674, 1963, 1967, 1969, 2157 HB 1012--Henry County; Board of Education; chairman and
members; compensation. ........................... 1668, 1674, 1806, 1812 HB 1014--Sparta-Hancock Public Facilities Authority Act .... 1669, 1674, 1806, 1812 HB 1015--Henry County; Magistrate Court; chief magistrate;
compensation ..................................... 1669, 1674, 1806, 1812 HB 1016--Henry County; Coroner; salary ..................... 1669, 1674, 1806, 1812 HB 1017--Coweta County; Board of Commissioners; additional
member elected at large ........................... 1669, 1675, 1963, 1967 HB 1019--Marietta, City of; Corporate Limits; change ......... 1711, 1798, 1963, 1967 HB 1020--Richmond County; Governing Authority; increase
compensation of certain officials ......... 1712, 1798, 1963, 1967, 1972, 2153 HB 1021--College Park, City of; Municipal Elections;
dates; provide for four wards; referendum ........... 1669, 1675, 1806, 1812 HB 1022--Hogansville, City of; Ad Valorem School Taxes;
maximum millage rate; referendum ............................ 1711, 1798, 1963, 1967, 1974, 2158, 2159, 2162, 2163, 2370
HB 1023--Walker County; probate court; compensation of personnel. ........................................ 1711, 1798, 1963, 1968
HB 1024--Walker County; Tax Commissioner; compensation of personnel. ........................................ 1711, 1798, 1963, 1968
HB 1025--Walker County; Superior Court; clerk; compensation of personnel ...................................... 1711, 1799, 1963, 1968
HB 1026--Bacon County; Board of Commissioners; revise, reenact law creating ............................... 1923, 1924, 1963, 1968

2422

JOURNAL OF THE SENATE

HB 1027--Graham, City of; incorporate; boundaries, powers .... 1711, 1799, 1963, 1968 HB 1028--Brantley County; Board of Comissioners;
compensation; mileage expense rate ................. 1711, 1799, 1963, 1968 HB 1032--Baker County; Office of Treasurer; abolish;
appoint county depository ......................... 1712, 1799, 1963, 1968 HB 1033--Baker County; Tax Commissioner; consolidate
offices of tax receiver and collector ................. 1712, 1799, 1963, 1968 HB 1040--Roswell, City of; Corporate Limits; change .......... 1999, 2001, 2158, 2159 HB 1046--Clayton County; Tax Commissioner; compensation
of deputy ........................................ 1838, 1867, 1963, 1968 HB 1047--Warner Robins, City of; Corporate Limits; include
certain property near Sandy Run Road ............. 1838, 1867, 1963, 1968 HB 1049--Homerville, City of; council meetings; police
court jurisdiction.................................. 1838, 1867, 1963, 1968 HB 1051--Newnan-Coweta County Airport Authority;
membership ...................................... 2000, 2001, 2158, 2159 HB 1052--Rockdale County; Recreational Authority; create ................ 2000, 2001 HB 1053--Rockdale County; Board of Elections and
Registration; create........................................... 2000, 2001 HB 1054--Chatham County; State Court; judges;
compensation ........................... 2000, 2001, 2331, 2332, 2333, 2358 HB 1055--Bartow County; School Superintendent; board of
education appoint................................. 2000, 2002, 2158, 2159 HB 1056--Bartow County; Board of Education; chairman
appointed annually by members ................... 2000, 2002, 2158, 2159 HB 1058--Peach County; Hospital Authority; membership;
filling of vacancies ................................ 2000, 2002, 2158, 2159 HB 1059--Taylor County; Board of Commissioners;
compensation ..................................... 2000, 2002, 2158, 2160 HB 1065--Fulton County; Property Development Near
Residential Lake; prior permit required ............. 2101, 2147, 2158, 2160

INDEX

2423

HOUSE RESOLUTIONS

HR 1--House of Representatives; Convened; notify Senate..................... 28 HR 4--General Assembly; Joint Session; inauguration of
Governor and Lt. Governor, January 14 ....................... 28, 72 HR 5--General Assembly; Joint Session; state of state
messeage from Governor; January 16........................... 29, 96, 107 HR 6--General Assembly; Joint Session; invite Supreme
Court Justices and Appellate Judges .................................. 96 HR 7--Lottery Operated by State; provide; separate budget category; prohibit
parimutuel betting and casino gambling ......... 254, 266, 346, 408, 456, 470 HR 8--General Assembly; Joint Session; budget message from
Governor; January 18........................................ 29, 97, 129 HR 9--General Assembly; Joint Session; message from Chief
Justice Supreme Court; February 4 ......................... 29, 97, 288 HR 15--Regional Development Center Boundaries; transfer
of Fayette County from Mclntosh Trail RDC to Atlanta Regional Commission ............................. 137, 141, 195, 218, 250, 266, 298 HR 16--Local Constitutional Amendments; Acts repealing; condition for effectiveness; majority vote by local voters required ................... 189,
194, 305, 351, 412, 433 HR 18--Compensation Resolutions; Drew, Mrs. Margaret;
compensate.................................... 789, 792, 1804, 1808, 2102 HR 19--Wetlands Conservation Study Committee;
creation .............................. 341, 346, 884, 930, 1174, 1195, 1803 HR 32--Fiscal Year of State Government; change to April 1
beginning 1993; amend Constitution ............................. 920, 925 HR 40--Compensation Resolutions; Thomason, James;
compensate.................................... 789, 792, 1805, 1808, 2103 HR 42--Compensation Resolutions; Heartstedt, Edmund J.;
compensate.................................... 789, 792, 1805, 1808, 2103 HR 53--Designate; Tom Arrendale, Jr. Intersection, S.R. 115
and S.R. 365 in Habersham County.............................. 100, 106 HR 72--Georgia Army and Air National Guard; expressing
support for .................................................... 100, 106 HR 73--Property Conveyances; easements; City of Edison for gas pipeline;
City of Eastman for sewer line ........... 477, 482, 639, 677, 851, 868, 1803 HR 74--Property Conveyances; to City of Cave Springs, Fannin Campus
Tract 1; to Richmond County Health Department, Georgia Regional Hospital tract ........ 477, 482, 671, 719, 1815, 1854, 1975, 2049, 2121, 2166 HR 80--Property Conveyances; easement for underground cable, Fannin, Gilmer Counties; lease to City of Savannah for recreation complex ......... 440, 447, 639, 677, 1174, 1186, 1224, 1243, 1389, 1413, 1803 HR 81--General Assembly; Joint Session; message from Governor; January 18; change time of day ........................ 112, 119 HR 101--Georgia Council on Environmental Quality; urge creation to review standards .................................... 877, 883 HR 103--Property Conveyances; railroad depot property to City of Adairsville .......................... 477, 482, 639, 677, 1116, 1138 HR 104--Compensation Resolutions; Conestoga Management, Inc.; compensate ............................. 1104, 1111, 1804, 1808, 2104 HR 105--U.S. and State Flags; sanctions for disrespectful acts; applying to Congress to call convention to amend Constitution.... 440, 447, 1434, 1581, 1815, 1833 HR 107--Compensation Resolutions; Hargus, Wilma G.; compensate.................................... 789, 792, 1804, 1809, 2105

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JOURNAL OF THE SENATE

HR 109--Compensation Resolutions; Daniel, Cary J.; compensate.................................... 789, 792, 1804, 1809, 2105
HR 110--River Corridors; urge comprehensive assessment; designating Department of Natural Resources as coordinator .................. 272, 277, 449, 485, 556, 647, 680, 692
HR 119--Compensation Resolutions; Marks, Keith Stephen; compensate.................................. 1207, 1210, 1805, 1809, 2106
HR 120--Georgia Citizens for the Arts; commend .......................... 137, 161 HR 121--Finster, Howard, the Reverend; commend ........................ 137, 161 HR 131--University of Tennessee at Chattanooga; urge permit certain residents
attend without out-of-state fee payment. ........ 137, 141, 246, 280, 311, 331 HR 150--Property Conveyances; Dougherty County; land
exchange with Albany Technical Institute ..... 477, 482, 639, 677, 1117, 1153 HR 151--Judgments; avoiding sentence by discharge of
debt, bankruptcy; urge Congress override Pennsylvania v. Davenport case ......................... 1252, 1258, 1575, 1585, 1975, 2056 HR 155--J. Carrell Larmore Probation Detention Center; designate; Fulton County .................... 712, 715, 793, 849, 1117, 1151 HR 156--Designate; Jimmy Lee Campbell Memorial Highway within City of Dallas ..................... 272, 277, 406, 453, 494, 556, 614 HR 157--Lorenzo Benn Youth Development Center; designate ................................. 789, 792, 1213, 1265, 1451, 1552 HR 160--Property Conveyance Easements in 10 Counties Through State Property Granted for Utility, Telecommunication or Sanitation Facilities ..................................... 477, 483, 671, 719, 851, 865 HR 162--Steve Polk Plaza; designate plaza front of Georgia Railroad Depot. ...................... 634, 639, 793, 849, 971, 1048 HR 165--Cathy, S. Truett; commend ..................................... 212, 219 HR 184--Compensation Resolutions; Nelson, Hoyt L.; compensate.................................. 1104, 1111, 1804, 1809, 2107 HR 185--Telephones; tollfree county-wide calling; urge expand 22 mile radius ................... 1158, 1165, 1574, 1587, 1815, 1833 HR 186--Mental Health Day; proclaim February 4, 1991 ................ 254, 266 HR 189--Urge Federal Financial Support Allowing Ineligible Lower-income People to "Buy-in" Medicaid Health Care Coverage . . . 749, 754, 1112, 1170, 1815, 1851 HR 210--DeKalb County Homestead Exemptions Study Committee ........................... 440, 447, 884, 930, 1174, 1223, 1229 HR 225--State Arboretum of Georgia; designate the Thompson Mills Forest......................................... 712, 715 HR 229--General Assembly; Adjournment; February 8 to February 11 .......................................... 400, 418, 474, 475 HR 233--Fiddlers, Official State Convention; Georgia Mountain Fair ................................................. 400, 409 HR 261--Cable Industry; urge State-wide fiber optic network; competitive market .................................. 1303, 1308 HR 283--Zell Miller Mountain Parkway; designate; portion of Appalachian Highway .... 1207, 1210, 1378, 1440, 1594, 1610, 1611, 1667, 1685, 1974, 1981 HR 285--Joint Georgia Airport Development Authority Study Committee .... 789, 793, 962, 1114, 1174, 1223, 1233, 1389, 1392, 1803 HR 286--Amtrak Passenger Rail Service Between Chicago and Florida Through Georgia; endorsing ....................... 1158, 1165,
1213, 1265, 1389, 1403, 1886, 1904, 2118, 2119, 2153, 2263 HR 288--Education; appointment of local school superintendents by elected
local boards; amend Constitution ......... 1328, 1434, 1581, 1684, 1728, 1962 HR 290--Joint Workers' Compensation Task Force;
creating ..................... 1104, 1111, 1212, 1266, 1389, 1415, 1712, 1819 HR 294--Clayton County; Motor Vehicle Tag Departments; commend .... 712, 720

INDEX

2425

HR 297--Student Awareness of Right to Vote; urge State Board implement .............................................. 667, 678
HR 299--General Assembly; Adjournment; February 15 to February 18 ............................................... 702, 737, 746
HR 318--Designate; John T. McKenzie Bridge in Montezuma, Macon County...................... 957, 962, 1213, 1266, 1594, 1974, 2008
HR 332--Future Commissioners of Insurance, Agriculture, Labor and Members of Public Service Commission Shall be Appointed by Governor.................. 1104, 1112, 1805, 1809, 1976, 2122
HR 336--Compensation Resolutions; Coursey, Marshall D.; compensate.................................. 1362, 1370, 1804, 1809, 2107
HR 337--Natural Resources Department, Regional Headquarters in Brunswick; dedicate for Samuel Thomas Cofer ......... 957, 962, 1259, 1311, 1451, 1554
HR 346--Designate; Elmer A. Dennard Highway, State Route 18 at Gordon to Jeffersonville City Limits.... 1207, 1210, 1378, 1440, 1975, 2047
HR 347--Fines, Forfeitures, Fine Add-ons; committee to study feasibility of adopting state uniform schedule, purposes .................................... 1672, 1675, 1805, 1809, 2267
HR 348--Water Resources Conservation Management Study Committee; creating ............... 1250, 1258, 1435, 1581, 1685, 1975, 2073
HR 349--Designate; Woody Glenn Highway; S.R. 52 from US 411, Chatsworth to Gilmer County line. .. . 1104, 1112, 1213, 1266, 1390, 1420
HR 352--Warm Springs Hydrotherapy Pool Complex; negotiation of long-term lease ............ 1303, 1308, 1434, 1581, 1814, 1818, 2241, 2307
HR 368--General Assembly; Adjournment; February 22 to February 25 .................................................. 941, 954
HR 376--Saint David's Welsh Society Day; recognize....................... 957, 969 HR 402--James Earl Carter, Jr. Tribute Commission;
creating ................................ 1303, 1308, 1378, 1440, 1594, 1611 HR 441--School Facility Construction Projects; creating
the Joint Capital Outlay Study Committee ................ 2152, 2268, 2371 HR 472--General Assembly; Adjournment; March 8 to
March 11 ................................................... 1665, 1666 HR 500--K.T. Kennedy Reef; designate; offshore fishing site
end of Sapelo Island Channel ...................................... 2367

2426

JOURNAL OF THE SENATE

PART III
ALPHABETICAL INDEX
A
ACADEMIC RECOGNITION DAY, OUTSTANDING SCHOLARS; commend ................................................................ SR 204
ACCOUNTANTS; Certified Public Accounts; educational requirements......... HB 351
ACWORTH, CITY OF; sale of water, sewer system; expenditures; special elections ..................................................... HB 237
AD VALOREM TAX (Also See Revenue and Taxation and Homestead Exemption) Agricultural Preferential Assessment; beginning covenant period............... HB 266 Appeals From Assessment; duties of county board of tax assessors ............ HB 257 Assessment; current use; conservation; environmental sensitive land ........... HB 283 Assessment; current use; farm and timber lands; criteria; 2000 acres per taxpayer; 10-year covenant............................................... HB 283 Assessment; taxpayer appeal procedures; filing real estate transfers ........... SB 103 Assessment; tax assessor, appraisal staff allowed entry on property ............ HB 264 Counties; board of tax assessors; elections by local Act ................ SB 44 Counties; unpaid taxes; final settlement period .............................. HB 266 County Tax Digests; deficiencies; appeals from disapprovals, conditional approval; hearing officer; collections; assessments........................... HB 412 County Tax Levy to Finance Services for At-risk Children; referendum ........ SB 424 Dates for Opening and Closing Books for Return of Taxes..................... HB 93 Equalized Adjusted School Property Tax Digest; assessment-ratio studies ...... SB 201 Exemption; armed forces veterans post headquarters; statewide referendum ... SB 280 Exemption; standing timber until it is harvested............................. HB 283 Freeport Exemption; referendum election; date; time period .................. HB 198 Fulton County and Municipalities Within; millage rate determination........ SB 43 Homestead Exemption; improvements to leased property; referendum approval ............................................................... SB 440 Property Fair Market Value; criteria; consideration of state, federal restrictions, limitations on the land use ................................... HB 233 School Facility Construction Projects; bond referendums; creating the Joint Capital Outlay Study Committee.................................... HR 441 Tax Executions; administration fee may include attorneys' fees ................ SB 56
ADAIRSVILLE, CITY OF; Property Conveyance; railroad depot property for public purposes ...................................................... HR 103
ADAMS, KENNETH E.; commend ......................................... SR 141
ADJOURNMENT General Assembly; January 18 to January 28 .................................. SR 5 General Assembly; February 8 to February 11 .............................. .HR 229 General Assembly; February 15 to February 18 ............................. HR 299 General Assembly; February 22 to February 25 .............................. HR 368 General Assembly; March 1 to March 5 ..................................... SR 247 General Assembly; March 8 to March 11................................... HR 472 General Assembly; March 13 to March 15 ................................... SR 319 General Assembly; March 13 to March 15; adjourn sine die at 4 P.M. ......... SR 317
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INDEX

2427

ADJOURNMENT (Continued) General Assembly; sine die, 7:02 PM, March 15, 1991 ........................ SR 341

ADMINISTRATIVE PROCEDURE ACT Licensees; contested cases; prehearing review of investigative files ............. HB 329 Personal Care Homes; directors; licensure; contested cases; hearings .......... .HB 389 State Agencies; documents filed upon receipt or mail postmark date .......... .HB 118

ADMINISTRATIVE SERVICES DEPARTMENT Contracts; minority business enterprises; certification......................... SB 144 Contracts; minority business enterprises; certification; sealed bids ............. SB 183 Fiscal Division; administer Technology Related Assistance Trust Fund for Individuals with Disabilities ......................................... SB 269 Fiscal Division; director; membership on retirement boards ................... HB 42 Membership; Advisory Council to Georgia Courts Automation Commission ..... HB 215 Purchases of Paper Products; recycled products; funds expended ............... HB 36 State Purchasing; bills owed, enact Georgia Prompt Payment Act ............. HB 450

ADOPTION Certificate of Birth for Adoptees Born in a Foreign Country .................. HB 269 Documents; affidavits; petitions; applications and fees; surrender; decrees; prohibit placement inducements; examination of records .................... HB 604 Issuance of Decrees; superior court clerks fees ............................... HB 290 Parental Rights; termination orders; transmit Human Resources Department .... HB 29

ADVERTISING (Also See News Media) Commercial; bus shelters on public road rights of way; permits .............. SB 158 Concert Promoters; ticket advertisements; disclose lip synched music ............ SB 9 Dentists Practicing at a Location; posting of listing of names ................. HB 849 Health Care Providers; inducements to attract patients; deceptive practice...... HB 774 Insurance, Direct Response; unfair business practices......................... SB 390 Insurers; duty to publish notice of rate filing ........................... SB 28 Legal Notice of Intention to Introduce Local Bills; affidavit................... SB 174 Local Boards of Education Monthly Meeting Notices; newspaper options....... HB 403 Notice of Intention to Introduce Local Bills; author's affidavit ................ HB 428 Outdoor Advertising Along State Highways; prohibited trimming .............. SB 152 Solicitation of Sealed Bids Relating to State Purchasing...................... SB 183

AGED (See Elderly)

AGING, GEORGIA COUNCIL ON; commend

SR 344

AGRICULTURE Ad Valorem Taxes; farm and timber lands; assessment; current use value ...... HB 283 Ad Valorem Taxes; preferential assessment; covenant period .................. HB 266 Agricultural Commodity Commission for Peanuts; membership; qualifying...... HB 660 Certified Public Weighers; repeal surety bonds requirements .................. HB 256 Commissioner; election by plurality of votes cast; amend Constitution ......... SR 169 Commissioner; future successors to office shall be appointed by Governor; amend Constitution ..................................................... HR 332 Cotton Growers; boll weevil eradication assessments; hardship exemption; liens for payment; penalties .............................................. HB 475 Dealers; bond requirements; businesses purchasing dairy products ............. HB 844 Development Authorities; power to expend surplus funds to promote .......... HB 820 Egg Products; poultry producers, handlers, wholesale or retail dealers; registration; licensing; food standards, grades, weight....................... SB 126 Equine Activities; limit liability of professionals; exceptions ................... HB 292 Farm Tractors; Farm Equipment Warranty Act enacted ...................... HB 175

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2428

JOURNAL OF THE SENATE

AGRICULTURE (Continued) Farm Winery Tasting Facilities; wine sales on Sundays....................... SB 389 Gasoline Products Containing Alcohol; labeling of pump dispensers............ SB 140 Horses; equine activities; injury risks; liability; immunity; exception ........... SB 287 Horticulture Industry; professional landscaping; urge exempt watering restrictions ............................................................. SR 179 Livestock Dealers; liability in purchase or sale of leased livestock ............. HB 438 Livestock; disease control; bovine diseases, swine mycobacteriosis; issuance of injunctions; procedures .................................................. HB 174 Operations, Farm Products, Growing Crops; defined.......................... SB 311
Packaged Commodities; weights, measures; testing; sampling procedures ....... HB 177 Poultry Marketing; urge additional credit guarantees to Soviet Union.......... SR 113 Poultry Products Inspection Act, Georgia; enact .............................. SB 36 Resource Conservation and Development Councils, RCDCs; recognize .......... SR 280 Shellfish; oysters, clams; inspection; certification; tags, labeling ................ HB 323 Tobacco as a Legal Agricultural Product; prohibit job discrimination ........ SB 251 Tobacco Products; use during nonworking hours; employers prohibited
penalize employees ...................................................... HB 728 Turner County Peanut Monument; proclaim as state monument .............. SR 327

AIDS, ACQUIRED IMMUNE DEFICIENCY SYNDROME Agencies Transporting Patients, Inmates Diagnosed Communicable Disease; notification requirements; confidentiality .................................. HB 288 Inmates Transferred Other Facilities; disclosure to receiving facility infectious diseased or HIV infected ............................................ SB 128 Persons Charged AIDS Transmitting Crimes; HIV testing; disclosure to victims; prohibit use of results by courts.......................................... HB 554 Sex Education; include teach abstinence as method of prevention ............. SB 330

AIR POLLUTION CONTROL; Pollutant Emission Sources; permits; fees; penalties .......................................................... HB 709

AIRPORTS (See Aviation)

ALBANY, CITY OF; Albany Day at the State Capitol; declare February 25, 1991 ..................................................... SR 215

ALBRIGHT, DR. A. D.; commend

SR 276

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Also See Driving Under Influence or Motor Vehicles) Alcoholism; patient care and treatment, voluntary and involuntary ............ HB 889 Alcoholism; treatment by psychologists; involuntary treatment review .......... HB 408 Boats; operating under influence; presumptions; blood alcohol content ......... HB 707 DUI Alcohol or Drug Use Risk Reduction Programs; qualifications; fees........ SB 312 DUI Alcohol Reduction Programs; operators, instructors, records check; fees; corrections facilities ................................................ HB 358 DUI; amount of alcohol in person's blood; presumptions; fines; alcohol, drug treatment; publication of names; penalties ............................. HB 63 DUI; blood alcohol concentration level; lower presumptive level ............... SB 113 DUI; blood alcohol concentration level; lower to 0.05 grams .................... SB 91 DUI; blood alcohol concentration level; lower to 0.10%; presumption ...... SB 275 DUI; blood alcohol concentration level; 0.10 grams; presumption .............. SB 111 DUI; driver's license suspension; habitual violators; penalties; pleas ............ SB 274 DUI; habitual violators; vehicles subject forfeiture and sale .................... HB 66 DUI; intoxicated persons; detention period prior release on bail ............... HB 129 DUI; persons convicted multiple times; punishment .......................... SB 273 DUI; persons disqualified from driving a commercial motor vehicle ............ HB 139

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INDEX

2429

ALCOHOLIC BEVERAGES AND ALCOHOLISM (Continued) DUI; refuse chemical tests; serious accidents; license suspension............... HB 451 Food Caterers; licenses to eligible caterers; requirements...................... SB 319 Malt Beverages Produced Home Consumption; define head of household ........ HB 62 Open Containers; possession by vehicle driver or passenger; penalty ...... SB 156 Open Containers; possession by vehicle operator prohibited; penalty ............ HB 11 Open Containers; possession while driving; restrictions; penalty ........... SB 52 Sale of Alcoholic Beverages by Passenger Vessels ............................ SB 265 School Bus Drivers; DUI convictions; punishment............................ SB 312 Wine; Sunday wine sales; tasting facilities; special entertainment district .... SB 389
ALEXANDER, WARREN; commend ....................................... SR 178
ALIENS; limit right of ownership in public utilities ............................ HB 12
ALIMONY; Child Support; education financial assistance to age 21; factors . .... SB 380
ALLEN, SENATOR ROY Communication regarding SB 113......................................... Page 351 Communication regarding voting machine ................................. Page 127 Excused due to family emergency ....................................... Page 2134 Excused from voting on SB 110 ................................ Page 653
ALLEY, JAMES W., M.D.; regrets at passing ..................... SR 104
AMBULANCES (Also See Emergency Medical Services) Emergency Vehicles; intravenous fluids regulations ........................... SB 284 Emergency Vehicles; restricted use of flashing green lights .................... SB 324 License Requirements; use of term; certified cardiac life support personnel .... HB 5 Telephones; public pay phone; free emergency calls .......................... SB 206
AMERICUS, CITY OF; Andersonville POW Memorial Trail; designate section Highway 49 ....................................... SR 213
AMOS, JOHN B.; condolences at passing....................... SR 74
AMTRAK PASSENGER RAIL SERVICE BETWEEN CHICAGO AND FLORIDA; endorsing .................................................. HR 286
ANDERSON, DR. LARRY; commend ................................. SR 172
ANDERSONVILLE POW MEMORIAL TRAIL; designate from Fort Valley to Americus............................................... SR 213
ANIMALS Animal Food Manufacturer; defined, Poultry Products Inspection Act .......... SB 36 Bears; hunting; restrictions; prohibit sell parts or bait bears .................. SB 374 Cockfighting, Offense of; felony penalty; definition .......................... SB 219 Dogs Used by Mobility Impaired Persons; rights and privileges ............... HB 835 Guide Dogs or Service Dogs Accompanying Physically Disabled Persons ........ HB 96 Horse Shows, Competitions, Performers, Parades; immunity of equine professionals; definitions; applicability; notice .............................. HB 292 Horses; equine activities; shows, fairs, competitions, boarding; injury risks; notices; liability; immunity............................................... SB 287 Law Enforcement Dogs; offense of simple battery against; punishment......... SB 255 Livestock; certified public weighers; repeal surety bond requirement ........... HB 256 Livestock Dealers; liability in purchase or sale of leased livestock ............ HB 438 Livestock; disease control; bovine diseases, swine mycobacteriosis; issuance of injunctions; procedures................................................ HB 174 OflScial Dog of Georgia; designate the Golden Retriever ............... SB 352 Pet Ferrets; bear hunting; salt-water fishing licenses ......................... SB 374
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2430

JOURNAL OF THE SENATE

ANIMALS (Continued) Taxidermists; licensing requirements; create state examining board ............ SB 333 Veterinarians; dental procedures ........................................... HB 446 Wild Animals; permit requirements; pet ferrets .............................. SB 374

ANNEXATION; municipalities; corporate boundaries; minimum distance exception ........................................................ SB 119

APPEALS AND ERROR Appeals in Actions for Damages; judgments of $10,000. or less ................. HB 70 Appellate Court; hearing calendar; publication; Georgia Register Act........... SB 379 Appellate Court Judges; exception to mandatory retirement age ............... SB 153 Applications Filed Supreme Court or Court of Appeals; bills of costs ........... HB 69 Former Appellate Court Judges Appearing as Counsel; prohibitions............. SR 76 Taxpayer Appeals; surety bonds; property value, interest ..................... HB 340

APPLING COUNTY; Superior Court; Brunswick Circuit; fifth judgeship ....... SB 314

APPOINTMENTS BY GOVERNOR;

Pages 159, 224, 1444, 2338

Adams, Berta G.................................................. Pages 1448, 2345

Adams, Jr., V. J.................................................. Pages 1444, 2340

Alexander, Barbara .............................................. Pages 1444, 2340

Armstrong, Frank ................................................ Pages 1444, 2340

Arwood, II, David Grant.......................................... Pages 1445, 2341

Austin, Chester Adair ............................................ Pages 1448, 2345

Autry, Jr., J. E................................................... Pages 1445, 2341

Ayers, Mary B. .................................................. Pages 1445, 2341

Baranco, Juanita Powell .......................................... Pages 1450, 2347

Barnard, Larry K. ............................................... Pages 1445, 2342

Barrett, Lula .................................................... Pages 1444, 2340

Barton, William Y................................................ Pages 1446, 2343

Bearden, Stan D. ................................................ Pages 1446, 2342

Beasley, Nancy R. ............................................... Pages 1446, 2343

Belcher, Doris ................................................... Pages 1444, 2340

Billingsley, David L. ............................................. Pages 1444, 2340

Boynton, Asa Terrell............................................. Pages 1445, 2341

Brazell, Hugh H. ................................................ Pages 1444, 2340

Briscoe, F. Woodson ............................................. Pages 1448, 2345

Brown, Charles R. ............................................... Pages 1448, 2346

Brown, R. W. ................................................... Pages 1446, 2342

Brown, Jr., Robert L. ............................................ Pages 1445, 2341

Brown, Roberta M. .............................................. Pages 1447, 2343

Brown, Wilma ................................................... Pages 1446, 2343

Burns, Vera Eileen............................................... Pages 1447, 2343

Burton, Parks W. ................................................ Pages 1448, 2346

Bush, Wilson H. ................................................. Pages 1444, 2340

Bynes, Frenchye M............................................... Pages 1444, 2340

Carmichael, Robert L............................................. Pages 1446, 2343

Carter, Arthur ......................................................... Page 1446

Carter, Gilita .................................................... Pages 1444, 2340

Chadwick, Jean Vangieri ......................................... Pages 1447, 2343

Champagne, Rachel B. ........................................... Pages 1449, 2346

Chapman, John B. ............................................... Pages 1444, 2340

Chase, Richard K. ............................................... Pages 1447, 2344

Cleveland, Jr., Louie W. .......................................... Pages 1448, 2346

Cline, Pierce L................................................... Pages 1444, 2340

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INDEX

2431

APPOINTMENTS BY GOVERNOR (Continued) Clonts, James G.................................................. Pages 1444, 2340 Conger, John T. ................................................. Pages 1444, 2340 Cowan, Joel ..................................................... Pages 1449, 2346 Crecelius, Jr., Bill Wade .......................................... Pages 1444, 2340 Crumbley, Alex .................................................. Pages 1444, 2340 Crumley, Gregory F. ............................................. Pages 1444, 2340 Dana, John A. ................................................... Pages 1445, 2341 Daniels, Maurice................................................. Pages 1449, 2346 Dehnad, Al...................................................... Pages 1447, 2344 Demons, John A. ................................................ Pages 1444, 2340 Doss, Sam ...................................................... Pages 1444, 2340 Durrett, Yvonne R. .............................................. Pages 1448, 2345 Earn, Ernest U. ................................................. Pages 1449, 2346 Edwards, Claybon J. ............................................. Pages 1446, 2342 Eugea, Kenneth ................................................. Pages 1449, 2346 Evans, Robert H. ................................................ Pages 1448, 2346 Feldman, Lynne ................................................. Pages 1446, 2343 Fielder, Napoleon ................................................ Pages 1444, 2340 Flowers, Runette................................................. Pages 1447, 2344 Forth, Frank F................................................... Pages 1444, 2340 Foskey, Gerald .................................................. Pages 1449, 2346 Fowler, John Edward ............................................ Pages 1446, 2343 Frankel, Phyllis. ................................................. Pages 1449, 2346 Funk, Jr., F. James .............................................. Pages 1447, 2344 Gary, Jr., William B. ............................................. Pages 1447, 2344 Gatewood, Jr., T. Schley. ......................................... Pages 1447, 2343 George, James W................................................. Pages 1447, 2344 Glass, Brooks K.................................................. Pages 1449, 2346 Gloster, Yvonne King ............................................ Pages 1446, 2342 Graham, III, John M. ............................................ Pages 1444, 2340 Green, June D. .................................................. Pages 1446, 2342 Griffin, Jr., James................................................ Pages 1444, 2340 Gude, Divide .................................................... Pages 1448, 2345 Hagler, MaryAnne Tyler.......................................... Pages 1446, 2343 Hall, Clyde W. .................................................. Pages 1448, 2345 Hammond, Addison Keith ........................................ Pages 1448, 2345 Hansford, James Edward ......................................... Pages 1448, 2345 Harrington, Jr., James C. ......................................... Pages 1448, 2345 Harris, Charles A. ............................................... Pages 1449, 2346 Hartin, Jean M. ................................................. Pages 1448, 2346 Henderson, Martha .............................................. Pages 1444, 2340 Hightower, Sr., Richard Bryant ................................... Pages 1446, 2342 Hill, Jeffrey Alien................................................ Pages 1447, 2344 Hinton, Sr., Zack B. ............................................. Pages 1444, 2341 Holland, David J. ................................................ Pages 1447, 2344 Hooks, Harvey .................................................. Pages 1444, 2340 Howren, Michael R............................................... Pages 1445, 2341 Hunt, Eugene ................................................... Pages 1448, 2346 Hunter, Cindy B. ................................................ Pages 1444, 2340 Hunter, Jr., Conway W. .......................................... Pages 1445, 2341 Jackson, Eugene H. .............................................. Pages 1447, 2344 Jarvis, Pat ...................................................... Pages 1450, 2347 Johnson, Lottie .................................................. Pages 1444, 2340
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2432

JOURNAL OF THE SENATE

APPOINTMENTS BY GOVERNOR (Continued) Johnson, Michael L. ............................................. Pages 1445, 2341 Joiner, Lasa Y. .................................................. Pages 1446, 2343 Jones, Helen S. .................................................. Pages 1448, 2345 Jones. J. Olan ................................................... Pages 1447, 2344 Jones, Timothy Earl ............................................. Pages 1449, 2346 Jordan, Larry ................................................... Pages 1444, 2341 Kimbel, Jane F. ................................................. Pages 1447, 2343 King, Barbara T. ................................................ Pages 1450, 2347 Krouse, III, Ashby R. ............................................ Pages 1444, 2341 Landers, William A............................................... Pages 1449, 2346 Lawrence, Sam .................................................. Pages 1445, 2341 LeeBern, Jr., Donald M........................................... Pages 1450, 2347 Levi, James Stuart............................................... Pages 1447, 2343 Little, Richard K................................................. Pages 1445, 2342 Lockwood, Will.................................................. Pages 1444, 2340 Maddox, Walter H. .............................................. Pages 1447, 2344 Mahan, Frances H. .............................................. Pages 1448, 2345 Marcus, Kenneth ................................................ Pages 1445, 2341 Marsh, Clara Chestnut ........................................... Pages 1444, 2340 Massey, Jr., James E. ............................................ Pages 1444, 2340 McClendon, Rubye............................................... Pages 1448, 2345 McLaurin, Dwight Oliver ......................................... Pages 1445, 2341 McLemore, Lawrence W. ......................................... Pages 1444, 2341 Mori, Betty Nunn ............................................... Pages 1449, 2346 Morrison, William L.............................................. Pages 1447, 2344 Moskowitz, David H.............................................. Pages 1449, 2346 Ogletree, Laverne C. ............................................. Pages 1446, 2343 O'Neil, Alison Tara .............................................. Pages 1445, 2341 Perry, Connie ................................................... Pages 1446, 2343 Perry, W. S...................................................... Pages 1444, 2341 Porter, Ben G.................................................... Pages 1444, 2341 Prater, R. Burt .................................................. Pages 1446, 2343 Price, Lawrence W. .............................................. Pages 1446, 2343 Puckett, Richard................................................. Pages 1449, 2346 Rains, Robert N. ................................................ Pages 1444, 2341 Randall, Hugh Watts. ............................................ Pages 1447, 2343 Ransom, Gloria Boswell .......................................... Pages 1445, 2342 Rice, Louis W. .................................................. Pages 1448, 2346 Roche, Lue...................................................... Pages 1448, 2345 Rose, Archer R................................................... Pages 1447, 2344 Rose, Leigh Boyd ............................. Pages 1449, 2347 Rudert, Edward H. .............................................. Pages 1444, 2340 Russell, Robert .................................................. Pages 1444, 2340 Scott, Albert J. .................................................... Pages 159, 225 Sexson, William Robert .......................................... Pages 1447, 2344 Sharpe, Diane ................................................... Pages 1444, 2340 Sherrill, Teri L. ................................................. Pages 1445, 2341 Simonds, Deborah ............................................... Pages 1448, 2345 Sise, Robert C. .................................................. Pages 1449, 2346 Smith, Harold G. ................................................ Pages 1447, 2344 Smith, Pamela J. ................................................ Pages 1444, 2341 Smith, Quentin Ted.............................................. Pages 1449, 2346 Smith, Roberta McNeill .......................................... Pages 1447, 2344
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INDEX

2433

APPOINTMENTS BY GOVERNOR (Continued) Snow, Jr., Wayne ................................................ Pages 1450, 2347 Solodar, Helena Stern ............................................ Pages 1446, 2343 Stafford, Charles T. .............................................. Pages 1447, 2343 Staley, Irving T. ................................................. Pages 1447, 2344 Stallings, Richard L. ............................................. Pages 1448, 2345 Steding, Patricia J. .............................................. Pages 1445, 2341 Steinbeck, Klaus................................................. Pages 1445, 2342 Stewart, Jr., Charles L............................................ Pages 1444, 2340 Strickland, Winston .............................................. Pages 1445, 2341 Taylor, Geneva .................................................. Pages 1444, 2340 Thibadeau, Leonard W. .......................................... Pages 1444, 2340 Thomas, Kerry .................................................. Pages 1445, 2342 Thompson, Reece J............................................... Pages 1450, 2347 Thompson, William Joe ....................................... Pages 1444, 2340 Timmerman, Mary Katherine ..................................... Pages 1444, 2340 Toomey, Joel R. ................................................. Pages 1444, 2340 Toth, Floyd ..................................................... Pages 1448, 2345 Turner, Elizabeth ................................................ Pages 1447, 2344 Wages, Valerie J. ................................................ Pages 1446, 2342 Walker, Costelle B. .............................................. Pages 1448, 2345 Ward, Mary Jamerson. ........................................... Pages 1449, 2346 Weadick, James ................................................. Pages 1447, 2343 Wherry, Richard A. .............................................. Pages 1447, 2343 Whitaker, Shirley W.............................................. Pages 1446, 2343 White, Nance.................................................... Pages 1447, 2343 Widener, Jr., Jackson K. ......................................... Pages 1446, 2343 Wiley, William T................................................. Pages 1448, 2345 Wilhite, Carole .................................................. Pages 1444, 2340 Williams, Pelham C. ............................................. Pages 1445, 2342 Williams, Syd ................................................... Pages 1444, 2340 Williamson, Betty Brown ......................................... Pages 1447, 2344 Willingham, Raymond W. ....................................... Pages 1446, 2343 Wilson, Robert .................................................. Pages 1450, 2347 Wilson, Sr., W. James ............................................ Pages 1448, 2345 Wolpert, Edward M. ............................................. Pages 1448, 2345 Wood, Charles S. ................................................ Pages 1448, 2345 Works, Irma Mitchell ............................................ Pages 1447, 2343 Zachary, Sr., William E. .......................................... Pages 1444, 2340

APPROPRIATIONS AND FISCAL AFFAIRS Appropriations; supplemental FY 1990-1991; Department of Labor ............. HB 84 Appropriations; supplemental FY 1990-1991; general obligation debt............ HB 85 Bonded Indebtedness; local school systems; withholding moneys to pay ........ HB 792 Correctional Industries; executive officer; source of compensation .............. HB 763 Fiscal Affairs Subcommittees of Senate; selection of members ................. SB 49 Fiscal Year of State Government; April 1 - March 31 beginning 1993 ........... HR 32 General; State FY 1991-1992 ............................................... HB 285 Lottery Proceeds Specifically Designated Education; amend Constitution ......... HR 7 School Facility Construction Projects; creating the Joint Capital Outlay Study Committee ....................................................... HR 441 Supplemental; amend SFY 1990-91 General Appropriations Act ............... HB 284 Supplemental; certain changes for SFY 1990-1991....................... HB 120
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2434

JOURNAL OF THE SENATE

ARBORETUM OF GEORGIA Designate the Thompson Mills Forest of the University of Georgia ............ SR 129 Designate the Thompson Mills Forest of the University of Georgia ............ HR 225

ARCHERY SEASON FOR HUNTING DEER; use of crossbows

SB 427

ARCHITECT Liens for Architectural Services; property owner, contractor notice ............ HB 223 State Board; registration, certification of interior designers.................... SB 168 Theft; conversion of payments for property improvements; evidence ........... SB 132

AREA PLANNING AND DEVELOPMENT AUTHORITIES (See Authorities or Development Authorities)

ARNOLD, J.W., ELEMENTARY SCHOOL, 1991 GEORGIA SCHOOL OF EXCELLENCE; commend........................................ SR 135

ARRENDALE, TOM, JR., INTERSECTION; designate S.R. 115 and S.R. 365 in Habersham County ...................................................... HR 53

ARRESTS Family Violence Crimes; basis of arrest decisions; statistical report ............ HB 449 Family Violence or Protective Order Violations; probable cause basis .......... HB 298 Guaranteed Arrest Bond Certificates Issued by Auto or Trucking Clubs........ HB 387

ARTS Citizens for the Arts, Georgia; commend ..................................... SR 73 Citizens for the Arts, Georgia; commend ....................................HR 120 Fine Art Works; duplication by printers; permission; penalties .............. SB 375

ASBESTOS MATERIALS; Liability Insurance Coverage for Companies Assisting State in Removal ................................................ SB 342

ASBESTOSIS; claims for disablement; time period for filing ............... HB 406

ASHBURN, CITY OF; Turner County Peanut Monument; proclaim as state monument .......................................................... SR 327

ASHMORE, SARAH, 4-H NATIONAL CHAMPION; commend

SR 80

ASSAULT AND BATTERY Family Violence; arrest based on probable cause; felonious acts ............... HB 298 Offense of Simple Battery Against Police Officers, Law Enforcement Dogs; punishment ............................................................ SB 255 Public Transit Vehicles or Stations; penalties................................ HB 694

ATHENS-CLARKE COUNTY STATE COURT; chief judge; clerk of court .. HB 917

ATHLETICS (Also See Olympic Games) Anabolic Steroids; Schedule III dangerous drug listing; repeal penalties ....... HB 179
Athletic Trainers; revise definitions; state board members residency ........... HB 437 Boxing and Wrestling; promoters and events; regulation; licensure ............... HB 9
Georgia State Games; site selection; state commission members, duties......... HB 804 Girls and Women in Sports Day in Georgia; designate........................ SB 130 Ticket Agents; athletic contests; authorized service charge .................... HB 480

ATLANTA, CITY OF
Ad Valorem Tax; millage rate determination; procedures; public notices ........ SB 43 Atlanta Area Technical School; acquisition by Board of Regents .............. SR 177 Atlanta Community Improvement District Act; purposes; powers; boards ....... HB 544 Atlanta Metropolitan College; urge rename King-Abernathy State College ...... SR 107 Board of Education, referendum approving student uniforms.................. SB 231 Campus Police; law enforcement powers repealed; cities of 400,000 ............ HB 610

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2435

ATLANTA, CITY OF (Continued) City Business Improvement Districts; cities of 400,000; repeal Act ............. HB 612 Councilmembers; duties; deposits of unexpended public funds................. SB 253 Housing Authority Commissioners; cities of 350,000 population................ HB 614 Lorenzo Benn Youth Development Center; designate ......................... HR 157 Motor Vehicle Self-Insurers; authority; population reference .................. HB 607 Municipal Bonds; proceeds; finance emergency home repair loans.............. SB 455 Ordinances; contracts for criminal justice facilities ........................... SB 129 Public Events $1.00 Admission Tax; authorize imposition .................... SB 261 Public Works Projects; eminent domain powers; cities of 350,000 .............. HB 615 School Bonds; issuance without referendum; repeal constitutional amendment . . SB 205 Solid Waste; new disposal facilities; restrictions; conditions .................. SB 386 Zones; residential, acreage exception, units for homeless persons; commercial rehabilitation, taxable value................................... HB 518
ATLANTA JUDICIAL CIRCUIT Superior Court; additional judge; fifteenth judgeship ......................... HB 516 Superior Court; chief judge; repeal 1963 Act............................... HB 718
ATLANTA REGIONAL COMMISSION; Ratify Transfer of Fayette County from Mclntosh Trail Regional Development Center .......................... .HR 15
ATTORNEY GENERAL Election by Plurality of Votes Cast; amend Constitution...................... SR 169 Official and Unofficial Opinions; publication, Georgia Register Act........... SB 379 Powers; approve GBI investigate local law enforcement agencies............... SB 38 Powers, Duties; Georgia Nonprofit Corporation Code ......................... HB 226
ATTORNEYS (Also See Courts, Civil Practice, or Criminal Proceedings) Civil Practice; continuances; absence of counsel serving armed forces .......... SB 238 Civil Practice; continuances; absence of counsel serving General Assembly...... SB 310 Civil Practice; continuances; absence of counsel serving General Assembly...... HB 461 Commercially Solicited Accident Victim Referrals Prohibited; disbarment ...... SB 309 Fees; workers' compensation cases; method for payment ...................... SB 363 Former Supreme Court Justices, Appellate Judges Appearing as Counsel....... SR 76 Tax Executions; delinquent taxes; administration fees may include reasonable attorney fees ........................................................... SB 56
AUCTIONS, AUCTIONEERS Auctioneers; licensure; continuing education; reciprocity; fees................. SB 160 Education, Research and Recovery Fund; creation; license fees; judgment claims; payments ....................................................... SB 161 Vehicle Tent or Auction Sales; contract cancellation rights. ................... SB 353
AUDITS Department, Audits and Accounts; duties; school property tax digest assessment-ratio studies ................................................. SB 201 State Auditor; duties; implement Cost-Benefit Review Act of 1991............. SB 410 State Auditor; precertify fiscal retirement bills prior introduction.............. HB 33
AUSTELL, CITY OF Ad Valorem Taxes; homestead exemption; owner occupied residence............ SB 80 Mayor and Council; powers, duties ineligibility; administrative supervisor ....... SB 76
AUSTIN, TEDDY; commend ........................................ SR 188
AUTHORITIES (Also See Development Authorities) Development; powers; promote industry, agriculture and trade ................ HB 820 Environmental Facilities Authority; at large members; qualifications ............ SB 96
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2436

JOURNAL OF THE SENATE

AUTHORITIES (Continued) Georgia Airport Development Authority; create; powers, purpose; projects ..... SB 244 Georgia Building Authority; railroad operations; property acquisition .......... HB 578 Georgia Education Authority (University); membership; projects. ............. SB 167 GeorgiaNet Authority; composition; powers; electronic data transmissions .... HB 210 Hazardous Waste Management Authority; composition; appointees ............. SB 94 Hospital Authorities; area of operation; expand other city, county ........... SB 294 Hospital; county or municipal; state grants; public health purposes ............ HB 424 Hospital; expand area of operations; loans for health care training............. SB 281 Housing; abolish Georgia Residential Finance Authority ................... SB 95 Housing Authority Commissioners; cities of 350,000 population................ HB 614 Housing; create Georgia Housing and Finance Authority....................... SB 95 Housing; police; arrest powers; training; police services contracts .............. HB 231 Lake Lanier Islands Development Authority; add two members; selection; term.................................................................... SB 99 Regional Development Centers Joint Study Committee ....................... SR 190 State Tollway Authority; contracts; parking fees; beach maintenance........... HB 782 Surface and Air Transportation Regional Authority; creation by contiguous counties; membership; powers; bonds; ordinance ........................... HB 919 World Congress Center Authority; board of governors; eleven members ........ SB 100 World Congress Center; police, security guards; jurisdiction; powers; employee criminal records check ......................................... HB 928 World Congress Center; property, contract events; prohibited conduct; police, security, powers; employee records check ........................... SB 387
AUTOPSIES Death Investigations; tissues retained for additional studies ................... SB 302 Requirements; consent of deceased person's family; exception ................... SB 3
AVIATION Airport Development Authority, Joint Study Committee; creating ............. SR 197 Airport Development Authority, Joint Study Committee; creating ............. HR 285 Airport Property Acquisition; prohibit condemnation by counties, municipalities outside boundaries for certain time period ................... HB 548 Airports; acquisition of property extraterritorially; consent required........... SB 173 Georgia Airport Development Authority; create; purpose, projects ........... SB 244 Georgia Aviation Hall of Fame; board; joint legislative overview committee created; funds; powers, duties ............................................ HB 140 Surface and Air Transportation Regional Authority; creation by contiguous counties; membership; powers; bonds; ordinance ........................... HB 919

BACON COUNTY; Board of Commissioners; revise, reenact law creating...... HB 1026
BAD CHECKS; Issuance for Obligation or Debt for Construction Labor, Materials ............................................................ SB 131
BAIL (Also See Bonds or Criminal Procedure) Bond Issuance Fees; counties of 550,000; public defender office............ SB 227 Bond Issuance Fees; finance local indigent defense programs .................. SB 304 Bonds and Recognizances; forfeiture; principal failure to appear............... SB 308 Bonds; posting of cash; evidence of legal source for cash...................... SB 232 Disposition of Unclaimed Cash Bail Bonds .................................. HB 436 Driver's License Deposit Lieu of Bail; valid receipt; time period ............... HB 187
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BAIL (Continued) DUI Offenses; detention period for intoxicated persons ....................... HB 129 Family Violence; cases involving bodily injury; conditions for bail ............. HB 448 Guaranteed Arrest Bond Certificates Issued by Auto Clubs; surety amount. . . . . HB 387 Offenses Bailable Only Before Superior Court ........................ SB 388 Where Offenses Are Bailable; superior court judge may delegate............... HB 875

BAKER COUNTY Office of Treasurer; abolish; appoint county depository .................. HB 1032 Tax Commissioner; consolidate offices of tax receiver and collector ........... HB 1033

BALDWIN COUNTY Property Conveyance; Georgia War Veterans Cemetery, land exchange to Garvis Youngblood; sell to Kay Epps ..................................... SR 106 Property Conveyance to Board of Education for elementary school ............. SR 90 Tourism Committee Representatives, introduced ........................... Page 491

BALDWIN, SENATOR QUILLIAN; excused to attend a funeral ......... Page 1139

BALLARD, RICHARD OF BUTTS COUNTY; commend

SR 256

BANKING AND FINANCE Bad Checks; check dishonor fees; service charges; written demands ............. HB 47 Bad Checks or Money Orders Used Payment Taxes and Licenses; penalty .... HB 334 Bank Letter of Credit In Lieu Surety Bonds; long-term care facility ........... SB 186 Banks; public assistance checks presented for cash .................. SB 12 Business Development Corporations; approval of loan applications.......... SB 34 Business Records; 3-year retention requirements; exceptions .................. HB 208 Check Cashers; licensee operating more than one location; surety bond ........ HB 383 Check Cashers; licensure; requirements; exemption ........................... HB 470 Check Transactions; merchants requiring ID's; restrictions ..................... SB 11 Code Title 7; errors and omissions corrections; revisions ...................... HB 167 Credit Cards, Check Consumer Transactions; merchants; violations ........... SB 39 Deeds or Other Instruments of Commercial Agencies; execution under seal; validity ................................................................ SB 267 Deeds to Secure Debt; furnishing of cancellation; time limit; damages........... HB 97 Equity Housing Mortgages; Georgia Housing and Finance Authority Act ....... SB 95 Federal Loan Transactions; timber; licensed real estate appraisers .............. SB 82 Financial Institutions; persons reporting suspicion of criminal activities; civil liability immunity .................................................. SB 162 Financial Transaction Card Theft; repeal theft by taking ................. SB 151 Interest; collectable interest rate on judgments .............................. SB 326 Interest; Unliquidated Damages Interest Act; enact .......................... SB 325 Loans; duration of credit life, accident and sickness insurance................. HB 906 Loans to Disabled Persons; Technology Related Assistance Trust Fund ...... SB 269 Local Government Bond Proceeds; authorized investments; revise name of a federal deposit insurance corporation ............................ SB 175 Monetary Instruments; prohibit sell or exchange for criminally derived property ............................................................... HB 324 Property Subject Forfeiture Under Controlled Substances Act. ................. SB 73 Trusts and Trustees; Georgia Trust Act; comprehensive revisions.............. HB 794 U.S. Currency; retailers acceptance as medium of payment .................. SB 13

BANKS COUNTY Coroner; salary per investigation ........................................... HB 766 Magistrate Court; law library fees .......................................... HB 852

BARKER, HONORABLE ED OF WARNER ROBINS; commend

SR 331

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2438

JOURNAL OF THE SENATE

BARNESVILLE, CITY OF City Council; elections..................................................... HB 701 Elections; date..................................................... HB 978
BARTOW COUNTY Board of Education; chairman appointed annually by members .............. HB 1056 Property Conveyance; convey RR depot property to City of Adairsville ........ HR 103 School Superintendent; board of education appoint ......................... HB 1055
BATTERY (See Assault and Battery)
BEARS; hunting, selling parts or baiting; restrictions.......................... SB 374
BEAVERS, HOWARD; condolences to family ............................... SR 251
BEER (See Alcoholic Beverages and Alcoholism)
BELL, MRS. BETTY ANN AND FORMER SENATOR BOB; introduced, song presentation ........................................... Page 2158
BEN HILL COUNTY Board of Commissioners; composition ....................................... HB 736 Board of Education; members; date to take office .............................. HB 7 School Superintendent; appointment by board of education ................... HB 737
BENNETT, JEFF; 4-H National Champion; commend ......... SR 86
BENTEEN ELEMENTARY SCHOOL STUDENTS AND FACULTY; commend ................................................................ SR 186
BIBB COUNTY; Macon-Bibb County Water and Sewerage Authority-Employees Pension Plan; employer contributions ....................................... SB 221
BIDS (See Contracts or Transportation)
BILLBOARDS; outdoor advertising along state highways; prohibited trimming ......................................................... SB 152
BINGO GAMES; licensure; exception; nonprofit games operated for patients .SB 120
BIOMEDICAL WASTE; thermal treatment facilities; permit limitations ....... SB 268
BISHOP. SENATOR SANFORD; excused from voting on SB 110 ........ Page 654
BITTAKER, ALAN; commend ................................. SR 34
BLACK MALES, GOVERNOR'S COMMISSION ON THE SOCIAL STATUS OF; create..................................................................... SR 12
BLACK STATE COLLEGES, GEORGIA ASSOCIATION; dignitaries introduced ................................................... Page 230
BLAIRSVILLE, CITY OF; Notla Water Authority; service area geographic boundaries; facilities located Nottely River .................................. HB 940
BLAYLOCK, CHRISTINE DANIELS, ALBANY EDUCATOR; honoring SR 333
BLAYLOCK, ROD; commend .............................................. SR 334
BLIND PERSONS (Also See Handicapped)
BLUE RIDGE JUDICIAL CIRCUIT Superior Court; third judgeship ............................................ HB 360 Superior Court; third judgeship; Cherokee, Forsyth Counties .................. SB 364
BOATS, MARINE EQUIPMENT AND FACILITIES Boat Safety Act; registration; hazardous areas; safety zones; flotation devices; boating under influence, blood alcohol content............................. HB 707
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BOATS, MARINE EQUIPMENT AND FACILITIES (Continued) Commercial Fishing; power drawn-nets; unlawful shrimping; violations; penalty................................................................. HB 746 Gambling on Cruise Vessels; authorize; amend Constitution .................... SR 17 Passenger Vessels; licensed sales of alcoholic beverages ....................... SB 265 Trailers; house, auto, boat; annual license fees ............................... HB 653

BOILERS AND PRESSURE VESSEL SAFETY ACT; Inspection and Fees; cessation of operation orders; reinspection................................... HB 439

BOLL WEEVIL ERADICATION ACT OF 1985; cotton growers; assessment; liens; penalties; hardship exemption ............................. HB 475

BOMBS; Explosive Devices; criminal possession; penalties ................... HB 271

BONAIRE ELEMENTARY SCHOOL; recognize

SR 102

BONDS

Bail; deposit of driver's license; valid receipts; time period .................... HB 187

Bail; disposition of unclaimed cash bail bonds ............................... HB 436

Bail in Family Violence Cases Involving Injury; conditions for bail ......

HB 448

Bail; offenses bailable only before superior court............................. SB 388

Bail; posting of cash; evidence of legal source for cash........................ SB 232

Bail; where offenses are bailable; superior court judge authority ............... HB 875

Bid Bonds for Public Works Contracts; affiliated corporations; forfeiture ....... HB 465

Counties, Municipalities; indebtedness for public facilities requires

voter approval ........................................................... SR 75

Criminal; clerks' recording fees; sheriffs exempt from paying .................. SB 246

Performance; water well contractors ........................................ HB 561

Revenue; issuance by Georgia Airport Development Authority. ............... SB 244

Revenue; proceeds; investments or reinvestments ............................ SB 175

Revenue; single-family residential housing program cap................... SB 35

Revenue; validation proceedings; petitions; content; maximum rates ............ SB 42

Surety; guaranteed arrest bond certificates issued by auto clubs; amount....... HB 387

Surety; persons, firms engaged purchase of dairy products; exception .......... HB 844

Surety; principal failure to appear; conditions not warrant forfeiture........... SB 308

BOOT CAMPS; Unit of Department of Corrections; special alternative incarceration ............................................................. SB 177

BOXING, PROFESSIONAL; State Boxing and Wrestling Commission Created to Regulate Promoters and Events .................................... HB 9

BRANTLEY COUNTY Board of Commissioners; compensation; mileage expense rate ................ HB 1028 Property Conveyance; parcel to Brantley County Board of Education ....... SR 140

BREMEN LIONS CLUB; commend...................................... SR 268

BRIBERY, OFFENSE OF; abuse of governmental office; state "Hobbs Act" SB 72

BRIDGES (See Highways, Bridges and Ferries)

BRITISH CONSULATE; members Barry Holmes, Andrew Wood, introduced ............................................................. Page 234

BROWN, HONORABLE CHARLIE OF BUTTS COUNTY; commend

SR 209

BRUNSWICK, CITY OF Natural Resources Regional Headquarters Building; dedicate for Samuel Thomas Cofer .......................................................... HR 337 New Charter ...................................................... HB 843

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2440

JOURNAL OF THE SENATE

BRUNSWICK, CITY OF (Continued) South Georgia Parkway; designate; Corridor Z developmental highway ......... SR 180
BRUNSWICK JUDICIAL CIRCUIT; Superior Court; fifth judgeship; Appling, Camden, Glynn, Jeff Davis, Wayne Counties ........................ SB 314
BRYAN COUNTY Probate Court; judge; annual salary ........................................ HB 923 Property Conveyance; power line easement; Richmond Hill Fish Hatchery.... HR 160 Sheriff; compensation ..................................................... HB 920
BUCHANAN LIONS CLUB; commend .............................. SR 269
BUCHANAN WOMAN'S CLUB; commend ...................... SR 270
BUDGET (See Appropriations and Fiscal Affairs)
BUFORD, CITY OF; Corporate Limits; deannex certain property ............. HB 992
BUILDING AUTHORITY, GEORGIA Cruise Vessels as Gambling Places on Coastal Waters; operation of.............. SB 2 Duties; identification cards; former General Assembly members ............... SB 220 Property Acquisition for Railroad Operations ................................ HB 578 Steve Polk Plaza; designate plaza front of Georgia Railroad Depot ............ HR 162
BUILDINGS AND HOUSING Code Title 8; errors and omissions corrections; revisions ...................... HB 167 Elevators, Dumbwaiters, Escalators, Manlifts, Moving Walks; operating permit inspections; time period; fees ...................................... HB 439 Fire Suppression Systems or Fire Extinguishers; rules and regulations ......... HB 434 Handicapped Persons; mobility impaired persons and their service dogs; rights to housing accommodations ........................................ HB 835 Housing; abolish Georgia Residential Finance Authority ....................... SB 95 Housing and Finance Authority; create; designate State Housing Office ......... SB 95 Housing Authorities; commissioners; cities of 350,000 population .............. HB 614 Housing Authority Police; arrest powers; conditioned upon peace officer training; contracts for police services...................................... HB 231 Housing; homelessness; Urban Policy Study Commission. ..................... SR 166 Housing; low and moderate income housing; committee to study .............. SR 282 Housing; low-income housing development credits; revenue bond cap ........... SB 35 Lead-based Paints; committee to study lead poisoning prevention ............. SR 224 Municipal Water Companies; unpaid water charges; liens; procedures .......... SB 254 Residential Areas; notify residents of military practice maneuvers ............. SB 15 Residential; toilet requirements; effective date; prohibited sale ................ HB 605 Restrictive Covenants; actions for building set-back line violations .......... HB 259 Structural Pest Control; research fees on licenses ............................ SB 416 Trailers; house, auto, boat; annual license fees ............................... HB 653 Water Service; unpaid charges; landlord or tenant liability..................... SB 10
BURKE COUNTY Burke County Economic Development Authority Act; enact................... HB 930 Burke County Project Financing Community Improvement Districts Act ....... HB 931
BURNSED, ANNETTE; 4-H State President; commend ................... SR 88
BUSES Bus Shelters for Passengers of Public Systems; issuance of permits ........... SB 158 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 ........... HB 933 Public Transit Vehicles or Stations; assault, battery; punishment.............. HB 694 School Bus Drivers; DUI convictions; punishment............................ SB 312
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2441

BUSES (Continued) School Bus Drivers; monthly salary longevity increases ....................... HB 557
BUSH, PRESIDENT GEORGE; Commend for Leadership in Persian Gulf Crisis ................................................................. SR 9
BUSINESS (See Commerce and Trade or Professions and Businesses)
BUTTS COUNTY Board of Commissioners; receipts and disbursements; publication.............. HB 583 Superior Court Clerk; compensation; salary in lieu of fee system .............. HB 585 Tax Commissioner; compensation........................................... HB 587

c

C-STEP, RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM; recognize ............................................................. SR 343

CABANISS, DEE; 4-H National Champion; commend ......................... SR 38

CABLE INDUSTRY; urging Congress open competitive marketplace .......... HR 261

CAIRO HIGH SCHOOL BAND; commend

SR 92

CAIRO HIGH SCHOOL FOOTBALL TEAM; commend

SR 79

CAIRO HIGH SCHOOL VARSITY CHEERLEADERS; commend

SR 78

CALHOUN, CITY OF; Calhoun-Gordon County Airport Authority; add members; terms; quorums ............................................. HB 819

CALHOUN COUNTY Property Conveyance; City of Edison, easement for gas pipeline ................ HR 73 Property Conveyance; easement to Georgia Power Company ................. .HR 160

CALHOUN COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend ....................................................... SR 301

CAMDEN COUNTY Public Service Authority; powers; cooperative contractual agreements .......... HB 973 Superior Court; Brunswick Circuit; fifth judgeship ........................... SB 314

CAMPAIGN AND FINANCIAL DISCLOSURE (Also See Ethics or Elections) Campaign Contribution Disclosure Reports; unopposed candidates ............. HB 196 Campaigns; limitations on expenditures; violations; penalty ................... SB 239 Contributions; limit amount; candidates for public office........................ SB 4 Contributions; limitations; candidates for public office defined. ........... SB 18 Contributions; political action committees; disclosure requirements ............. SB 20 Literature, Printed Materials; regulation of; misleading endorsers............ SB 22

CAMPBELL, JIMMY LEE, MEMORIAL HIGHWAY; designate within City of Dallas ....................................................... HR 156

CANDIDATES (See Elections)

CANDLER COUNTY; Magistrate Court; chief magistrate; magistrate; appointment ............................................................. HB 891

CANTON, CITY OF; Mayor and Council; time of election, taking office; terms; tax returns, inspections, executions ................................... HB 802

CAPITAL PUNISHMENT (See Death Penalty or Courts)

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2442

JOURNAL OF THE SENATE

CARLTON, CITY OF; mayor and council; time of election, terms; vacancies; grammatical changes ...................................................... HB 172
CARNIVAL RIDE SAFETY ACT; inspection and fees; disbursement of fees . . HB 439
CARROLL COUNTY; State Court; judge; compensation................ HB 887
CARTER, CORPORAL HARRY R.; introduced .......................... Page 931 CARTER, JAMES EARL, JR., TRIBUTE COMMISSION; creating . .... .HR 402
CASINO GAMBLING; prohibitions; amend Constitution ...................... HR 7
CATHY, S. TRUETT; commend .....................................HR 165
CATOOSA COUNTY Board of Elections and Registration; qualifications of members................ HB 752 Board of Utilities Commissioners; member selection; terms ................... HB 753 Probate Court; parttime clerical assistance; employment; compensation ........ HB 356
CAVE SPRING, CITY OF; Property Conveyance; convey certain surplus Fannin Campus property ................................................... HR 74
CEMETERIES Burial Sites; abandoned or not maintained; local authority to protect.......... HB 402 Construction of a Funeral Establishment on Cemetery Property ............... SB 236 Funeral Directors and Embalmers; apprenticeships; modify registration provisions .............................................................. HB 576 Paupers; burial; interment expense amount.................................. HB 476
CENTERVILLE, CITY OF Corporate Limits ................................................. HB 948 Police Court; fines and imprisonment; mayor, council, city employment ........ HB 856
CENTRAL BAPTIST CHURCH OF GAINESVILLE CENTENNIAL; commend ................................................................ SR 191
CENTRAL METALS COMPANY OF ATLANTA; commend ............... SR 308
CERTIFICATE OF NEED (Also See Health Care Facilities) Committee to Study Process for Approval of New Health Care Facilities....... SR 219 Health Care Facilities; acquisitions; restructuring; applications; indigent care . . SB 209 Health Care Facilities; permits to operate; date of final revocation............. HB 546 Health Planning Agency; abolition; change certain references ................. SB 125 Health Strategies Council; creation; Health Policy Council abolished........... SB 192 Requirements of Outpatient Diagnostic and Surgical Clinic Services ........... HB 508
CHAFIN, ANNIE Q.; commend ............................................ SR 155
CHAPLAINS OF THE DAY Alexander, Rev. Cameron M............................................... Page 88 Appleton, Dr. Jon....................................................... Page 553 Brantley, Rev. D. McArthur ............................................. Page 352 Drummond, Dr. Ferrell.................................................. Page 218 Duke, Rev. J. Carlton ................................................... Page 720 Falany, Dr. Floyd ....................................................... Page 968 Flakes, Dr. J. H........................................................ Page 1587 Floyd, Rev. Ed ......................................................... Page 678 Fowler, Rev. Miles ..................................................... Page 1314 Fullington, Rev. Doug ................................................... Page 888 Hale, Rev. Cynthia. .................................................... Page 1964 Hamilton, Dr. C. S. .................................................... Page 1810 Hoard, Dr. Ed ..................................................... Page 1266
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2443

CHAPLAINS OF THE DAY (Continued) Hutchinson, Rev. Clark................................................. Page 1380 Kranz, Rabbi Philip.................................................... Page 1440 Lawrence, Dr. Harold A. ................................................ Page 183 Lebow, Rabbi Steve .................................................... Page 930 Mallard, Rev. Cy ....................................................... Page 283 Mayo, Father James .................................................... Page 159 McCord, Rev. Max..................................................... Page 1171 McLeod, Dr. Frank .................................................... Page 2158 Miller, Mr. Alvis........................................................ Page 409 Myers, Rev. Marcell..................................................... Page 126 O'Conner, Rev. W.M. (Bill) ............................................. Page 1220 Pratt, Rev. Jesse........................................................ Page 644 Salter, Pastor Rastus.................................................... Page 759 Shattles, Rev. Bob ...................................................... Page 849 Shelnutt, Jr., Rev. D.B. ................................................. Page 199 Smith, Dr. Logan ....................................................... Page 490 Starling, Dr. Ruldolph. .................................................. Page 105 Staub, Mr. Eddie ........................................................ Page 13 Sutton, Rev. R.B. ...................................................... Page 1679 Terry, St., Rev. Ronald.................................................. Page 306 Watson, Dr. Gill........................................................ Page 119 Wilson, Rev. Larry D. ................................................... Page 248 Withers, Rev. Harold................................................... Page 1114 Woodall, Rev. Robert ................................................... Page 796 Wyatt, Dr. John W...................................................... Page 453
CHARITABLE SOLICITATIONS; Organizations; registration, financial statement requirements................................................... SB 163
CHARLTON COUNTY; Tax Commissioner; compensation; longevity and cost-of-living increases. .................................................... SB 373
CHATHAM COUNTY Board of Education; Chairman; time of appointment ......................... HB 377 Chatham County and City of Savannah; Board of Education; method of filling vacancies; referendum ............................................. HB 740 Chatham County Judicial Compensation Study Committee .................... SR 22 Chatham-Savannah Youth Futures Authority; additional members; terms; quorum; residency ...................................................... HB 236 Property Conveyance; McQueen's Island; abandoned railroad right of way...... SR 96 State Court; clerk; appointment; removal; interim clerk........................ SB 27 State Court; judges; compensation ......................................... HB 1054 Superior Court; Eastern Judicial Circuit; sixth judgeship ...................... SB 26
CHATSWORTH; designate; Woody Glenn Highway; S.R. 52 from US 411 to county line ............................................................ HR 349
CHATTAHOOCHEE RIVER Water Pollution Control; phosphorus discharge limitations .................... SB 381 Water Pollution Control; phosphorus; limits on amount discharge into ........ HB 814
CHATTOOGA COUNTY Board of Commissioners; create ............................................ HB 988 State Court; judge and solicitor; salary...................................... HB 682 State Court; judge, solicitor; salaries ........................................ HB 813

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2444

JOURNAL OF THE SENATE

CHECK CASHERS License to Cash Checks; requirements; exemption............................ HB 470 Licensees Operating More Than One Location; surety bonds .................. HB 383
CHECKS USED IN FINANCIAL TRANSACTIONS Application for a Bad Check Citation, Arrest Warrant; court fees ............. HB 537 Bad Checks; check dishonor fees; service charges; written demands ............. HB 47 Public Assistance Checks; banks required to cash ............................. SB 12 Revenue Taxes and License Fees; remittances; dishonored check; penalty ...... HB 334
CHEROKEE COUNTY Board of Education; district vacancies; members changing residence ........... HB 388 Board of Elections and Registration ........................................ HB 803 School District Taxes; homestead exemption; income eligibility limit........... HB 831 Superior Court; Blue Ridge Judicial Circuit; third judgeship .................. SB 364 Superior Court; create new third judgeship; additional court reporter .......... HB 360 Water and Sewerage Authority; members; quorum; qualifications; powers....... SB 428
CHILD ABUSE (Also See Minors or Crimes) Reports; access to records; relevant employment conduct; protect identity certain persons; reclassification of cases ................................... HB 289 Victims Under Age 16; exclusion relating to prosecution limitation ........... HB 240
CHILD CARE Assistance to AFDC Recipients; create family resource centers ................ SB 422 Foster Family or Boarding Homes, Day-Care; licensing placement agencies ..... SB 123 Georgia Child Care Council; creation; composition; duties; funding ............ HB 399
CHILD CARE CENTERS (See Day Care Centers)
CHILD CUSTODY Separation or Divorce Cases; best interest of child criteria ................... SB 210 State Policy on Continuing Contact with Parents and Grandparents ........... SB 208
CHILD SUPPORT (Also See Domestic Relations) Computation; amount computed net income; define special circumstances ....... SB 19 Enforcement; income deduction orders; earnings report; notices; parentage tests; confidentiality of records ........................................... HB 547 Orders; education financial assistance to age 21; award factors ................ SB 380 Orders; impaired health care, postsecondary education assistance .............. SB 360 Recovery; appointed assistant district attorneys, compensation ............... .HB 416
CHILDREN (See Minors)
CHILDREN AND YOUTH COORDINATING COUNCIL; creation; coordination of all children's service systems ............................... SB 370
CHILDREN'S CODE STUDY COMMITTEE; condense laws under single title ............................................................... SR 273
CHILDREN'S TRUST FUND; Allocate Proceeds from Tax on Rental of Motion Pictures, Videos .............................................. SR 230
CHIROPRACTORS; Clinical Laboratory Examination of Specimens ........... HB 328
CHURCHES; Reptiles, poisonous; prohibited uses; misdemeanor penalty ................................................................... SB 21
CITIES (See Municipalities or Local Government)
CIVIL ACTIONS (Also See Civil Practice or Torts or Courts) Actions Behalf of Injured Minor Child; period of limitation ................... SB 305 Actions Filed State or Magistrate Court; increase fees charged ................ HB 442
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2445

CIVIL ACTIONS (Continued)

Breach of Restrictive Covenants; building set-back lines violations;

statute of limitations .................................................... HB 259

Continuances; absence of counsel serving armed forces ....................... SB 238

Continuances; absence of witness residing other state; absence of lead counsel

serving General Assembly................................................ HB 461

Domestic Civil Cases; fees for services of superior court clerks ................ HB 290

Duplicating Fine Art Works Without Permission; civil liability ............. SB 375

Fines and Forfeitures, Joint Study Committee and Advisory Council;

creating ................................................................ HR 347

Judicial Sales; forfeiture under Controlled Substances Act ..................... SB 73

Judicial Sales; legal advertisements; which newspaper shall advertise .......... SB 431

Sheriffs; fees for services; change; time of payment........................... SB 171

Stay of Proceedings; Soldiers' and Sailors' Civil Relief Act of 1940 ............ HB 720

Summons; by whom served; appointed process servers over age 18 years ....... HB 188

Tort Actions; property owner's right of action for damage or theft. ............ SB 184

Tort Actions; Unliquidated Damages Interest Act; enact.................... SB 325

Torts; immunity from liability; volunteer transportation services

... HB 555

CIVIL DEFENSE (See Emergency Management or Military Affairs)

CIVIL PRACTICE (Also See Courts) Continuances; absence of counsel serving General Assembly staif .............. SB 310 Continuances; absence of lead counsel serving armed forces ................... SB 238 Continuances; absence of witnesses residing outside state; absence of lead counsel serving General Assembly .................................... HB 461 Default Judgments; time period for filing and serving the answer.............. HB 423 Judgments; claims against auctioneers; special recovery fund .................. SB 161 Judicial Sales; property forfeited Georgia Controlled Substances Act............ HB 72 Limitations as to Trusts; comprehensive revisions of Georgia Trust Act ........ HB 794 Stay of Proceedings; Soldiers' and Sailors' Civil Relief Act of 1940 ............ HB 720

CLACK, BILLY J., GEORGIA EMERGENCY MANAGEMENT AGENCY; commend ................................................................ SR 111

CLARK, MERLE E., STATESBORO POLICE CHIEF; commend

SR 210

CLARKE COUNTY; Athens-Clarke County State Court; chief judge; clerk of court............................................................. HB 917

CLAY, SENATOR CHUCK; excused due to illness in family . Pages 758, 796, 849, 888

CLAYTON COUNTY Board of Commissioners; chairman; compensation............................ SB 403 Clayton County Community Improvement Districts; creation of ............... SB 450 Clayton County Water Authority; commend ................................. SR 332 Motor Vehicle Tag Departments; commend ................................. HR 294 Sheriff and Superior Court Clerk; salaries ................................... SB 404 State Court; deputy clerk; compensation; civil service benefits................. SB 258 State Court; judges; change compensation ................................... SB 401 State Court; solicitor; compensation ........................................ SB 406 Superior Court; deputy clerk; compensation; civil service benefits.............. SB 257 Tax Commissioner; compensation of deputy ................................ HB 1046 Tax Commissioner; Deputy; compensation................................... SB 456 Tax Commissioner; salary ................................................. SB 405

CLINCH COUNTY; Roger E. James Bridge; designate over Suwannoochee Creek ...................................................... SR 233

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2446

JOURNAL OF THE SENATE

CLINCH COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend ................................................................ SR 326
COASTAL ISLANDS AND MARSHLANDS Boat Safety Act; hazardous areas; safety zones; registration; boating under influence, blood alcohol content; flotation devices .......................... HB 707 Colonel's Island, Glynn County; change name to Vandiver Island honoring former Governor S. Ernest Vandiver...................................... SR 248 Commercial Fishing; fishing with power drawn-nets; violations; unlawful shrimping; penalty ...................................................... HB 746 Cruise Vessels as Gambling Places Operating on Coastal Waters ................ SB 2 Cruise Vessels; authorize gambling; amend Constitution ..................... SR 17 Natural Resources Department; volunteer services program established ........ SB 272 Sapelo Island Channel; designating the K. T. Kennedy Reef .................. HR 500 Shellfish; comprehensive regulation of harvesting, taking, sellers ............... HB 323 Tollways Providing Access to Island with Public Beach; parking fees .......... HB 782 Wetlands Conservation Study Committee; creation ............................ HR 19
COBB COUNTY Ad Valorem Taxes; millage rate determination; procedures required of any taxing jurisdiction; notice of property tax increase; hearings................. SB 349 Board of Commissioners; chairman as chief executive officer; powers, duties; assistant; Department of Finance, comptroller requirements................. SB 436 Board of Commissioners; compensation ..................................... HB 497 Board of Commissioners; elections; districts; terms ............................ SB 78 Board of Commissioners; expenditure of funds to employ consultants ........... SB 77 Board of Commissioners; landfills; new site restrictions ........................ SB 83 Board of Education; employee deductions; dues checkoff services .............. SB 331 Cobb Judicial Circuit; district attorney, assistants, chief investigator and investigators; salary supplement .......................................... HB 960 Cobb Judicial Circuit; superior court; judges; salary supplement............... SB 371 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies ....................................................... SB 366 Cobb Year 2000 Commission; create ........................................ HB 977 Commission on Children and Youth; tax-exempt status; extend to 1994 ........ SB 214 Concord Historic District; urge funding for a heritage park .................... SR 64 Juvenile Court; judge; compensation ........................................ HB 961 Magistrate Court; magistrates; qualifications; number of; selection ............. HB 877 Millage Rate Determination; certification; adoption procedures ................ HB 330 Operation Desert Storm Family Assistance Commission; create ................ HB 805 Private Sector Survey Committee on Cost Control in County Government...... HB 599 Probate Court; judge and clerk; compensation ............................... HB 966 Peoperty Conveyance; water distribution system easement ..................... SR 40 Sandy Springs, City of; incorporation subject to a referendum ............... SB 90 Sheriff; chief deputy, investigator, executive assistant; salary .................. SB 448 State Court; additional judge, second division ............................... SB 437 State Court; additional judge to the second division.......................... SB 358 State Court; clerk and chief deputy clerk; compensation ...................... HB 965 State Court; criminal cases; procedures; contempt punishment; solicitor; compensation, retirement ................................................ HB 963 State Court; judges and associate judges; annual salary ....................... HB 970 Superior Court; clerk and deputy; compensation ............................. HB 964 Tax Commissioner, Chief Clerk, and Secretary; compensation ................. HB 962
COBB JUDICIAL CIRCUIT; Superior Court; judges; salary supplement ..... SB 371
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2447

COCKFIGHTING, OFFENSE OF; felony penalty; definition ............... SB 219

CODE OF GEORGIA Amend Title 47; typographical, errors and omissions corrections............... HB 168 Children's Code Study Committee .......................................... SR 273 Children's Code Study Committee; condense laws under single title ........... SR 273 Elections; Code Title 21; correct errors, omissions, typos....................... HB 68 Land Surveyors; change reference to Professional Surveyors................... HB 143 OCGA; errors and omissions corrections; revisions; modernizations ............. HB 167

GOFER, SAMUEL THOMAS; dedicate Department of Natural Resources Regional Headquarters Building in Brunswick for ............................ HR 337

COFFEE COUNTY; Operation Desert Storm; support men and women serving................................................................... SR 182

COLE, DR. JOHNNETTA B.; honoring .................................... SR 340

COLLEGE PARK, CITY OF; Municipal Elections; dates; provide for four wards; referendum ................................................... HB 1021

COLLEGES AND UNIVERSITIES (Also See Education or University System)

Academic Diplomas, Records; falsifying documents; fraudulent use ............ SB 313

Black State Colleges, Georgia Association of; commend ....................... SR 120

Campus Police; law enforcement powers repealed; cities of 400,000 ....

HB 610

Families Receiving Public Assistance; educational assistance trust ........ SB 198

Georgia Student Finance Commission, Higher Education Assistance

Corporation and Student Finance Authority; advertisement of programs ... HB 695

High School Students; postsecondary options; early enrollment credit.......... SB 417

King-Abernathy State College; urge change name of Atlanta

Metropolitan College ...................................... SR 107

Nonpublic Postsecondary Educational Institutions Act; exemption;

ministerial training. ..................................................... SB 407

Nonpublic Postsecondary Institutions; application and renewal;

special administrative fees ............................................... HB 318

Nonpublic Postsecondary Institutions; default claims; Tuition Guaranty Trust

Fund participation; fees ................................................. HB 319

Nonpublic Postsecondary Institutions; exempt certain medical school .......... HB 582

Nonpublic Postsecondary Institutions; personnel qualifications; permit renewal;

bonds; filing of complaint; fines .......................................... HB 317

Parents' Obligation; financial aid to age of majority; child support............. SB 360

Postsecondary Technical and Adult Education Finance Study Commission .... SR 205

Postsecondary Vocational Education Lab, Equipment and Library Research

Needs Study Committee.............................................. SR 29

State Institutions; admission, graduation requirements; disabled students ...... SB 193

State Institutions; provide new full-tuition scholarship program .............. SB 37

State Institutions; provide new full-tuition scholarship program ........... SB 31

Teacher Preparation Programs; requirements; subject area course work .... SB 233

Technical Institutes, State; reduction in force policy ......................... HB 320

University of Tennessee at Chattanooga; urge permit certain residents

attend without out-of-state fee payment .................................. HR 131

COLUMBIA COUNTY; Board of Education; appointment of future school superintendents; referendum ............................................... HB 873

COLUMBUS, CITY OF Muscogee County; Board of Elections and Registration; creation .............. HB 941 South Georgia Parkway; designate; Corridor Z developmental highway ......... SR 180

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2448

JOURNAL OF THE SENATE

COMMERCE AND TRADE (Also See Professions and Businesses) Advertising; billboards along state highways; prohibited trimming ............. SB 152 Agricultural Commodities; use during nonworking hours; employer discrimination prohibited ................................................ HB 728 Alcoholic Beverages; passenger vessels; authorized sales....................... SB 265 Auctioneers; license fees; underwrite special fund; claims, payments ........... SB 161 Auctioneers; licensure; continuing education; reciprocity; fees.................. SB 160 Auto Rental Companies; require vehicle registration, licensing................. SB 307 Bad Checks; check dishonor fees; service charges; written demands ............. HB 47 Banks; public assistance checks presented for cash ............................ SB 12 Boxing and Wrestling; promoters and events; regulation; licensure ............... HB 9 Business Development Corporations; approval of loan applications.............. SB 34 Business Executives Participate in State Government; Fellows Program ........ SB 426 Business Records; 3-year retention requirements; exceptions .................. HB 208 Cable Industry; urging Congress open competitive marketplace ................ HR 261 Certified Public Weighers; repeal surety bonds requirement................... HB 256 Check Cashers; licensee operating more than one location; surety bond ....... .HB 383 Check Cashers; licensure; requirements; exemption ........................... HB 470 Check Transactions Requiring Credit Card, License ID; restrictions. ............ SB 11 Child Care; promote public-private sector collaboration; create council ......... HB 399 Cigarette Vending Machines; prohibit dispensing to minor under age 18 ....... SB 248 Code Title 10; errors and omissions corrections; revisions ..................... HB 167 Commercial Advertising; bus shelters on public roads; permits ................ SB 158 Commercial Agencies; binding deeds or other instruments executed under seal............................................................ SB 267 Commercial Solicitation; telephone orders for printed materials ............... SB 408 Commercial Solicitation; use of vehicle accident reports prohibited ............ SB 376 Commercial Solicitation; vehicle accident victim referrals prohibited ........... SB 309 Computer Systems Protection Act, Georgia; reenact .......................... HB 822 Concert Promoters; ticket advertisements; disclose lip synched music ............ SB 9 Concert Tickets; price scalping prohibited; service charge allowed ............. SB 145 Construction Labor or Material Obligations; issuance of bad checks ........... SB 131 Contractors; payment of sales tax; surety bond requirements.................. HB 336 Contracts; multiyear lease purchases; counties, municipalities ................... SB 6 Contracts; multiyear lease purchases; local school systems ...................... SB 5 Corporations; insurable interest, life of officers, directors, employees ........... SB 154 Crane Game Machines, Devices; exception to gambling prohibitions .......... .HB 281 Credit Cards, Checks; payments or ID; merchants; violations................... SB 39 Credit Cards; financial transaction card theft; offense of taking ............... SB 151 Equipment Dealers; farm tractors; Farm Equipment Warranty Act ............ HB 175 Fair Business Practices Act; consumer transactions; cease and desist orders ..... SB 39 Farm Winery Tasting Rooms; Sunday wine sales; special entertainment districts................................................................ SB 389 Financial Institutions; persons reporting suspicion of criminal activities; civil liability immunity .................................................. SB 162 Fine Art Works; duplication by printers; permission; civil liability ............. SB 375 Fire Suppression Systems or Fire Extinguisher Businesses; regulate............ HB 434 Firearms Dealers; regulate sales; purchaser background check required ......... SB 150 Firearms; regulation of sales, unlawful purchases; study of .................... SR 299 Food Caterers; licensure; alcoholic beverage license eligibility ................ SB 319 Funeral Establishments; construction on cemetery property ................... SB 236 Gasoline Marketing; motor fuel pricing issues; committee to study............. SR 161 Gasoline Products Containing Alcohol; labeling of pump dispensers............ SB 140
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2449

COMMERCE AND TRADE (Continued) Handicapped Persons; mobility impaired persons and their service dogs; right to public accommodations .......................................... HB 835 Hunting, Fishing Licensed Bonded Agents; self-insurance fund; labels ......... HB 708 Insurers; notice of rate filings; publication in newspapers ...................... SB 28 Interior Designers; registration; certification; licensure; permits ................ SB 168 Joint Workers' Compensation Task Force ................................... HR 290 Juror Lists; use for commercial solicitation prohibited ........................ HB 308 Laundries, Cleaners, Dyers, Tailors; liens; sale of goods to satisfy.............. SB 243 Livestock Dealers; liability in purchase or sale of leased livestock ............. HB 438 Lottery Equipment, Printed Materials; sales, shipment out of state ........... SB 367 Minority Business Enterprises; procurement of state contracts ................ SB 144 Minority Business Enterprises; procurement of state contracts; bids ........... SB 183 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ........ SB 230 Motor Vehicle Franchises; distributor protection; dealer warranty reimbursement ......................................................... HB 646 Motor Vehicle Warranty Rights Act; consumer right to remedies ............... HB 32 Packaged Commodities; weights, measures; testing, sampling procedures ....... HB 177 Pawnshop Transactions; vehicle storage fees ................................. SB 336 Persons, Firms Engaged Purchase of Dairy Products; bond requirements ....... HB 844 Petroleum Products; increase environmental assurance fees; trust fund......... SB 385 Pistols and Revolver Sales; 7-day wait period; purchaser records check. ........ SB 118 Private Detective, Security Companies; licensure; exceptions suspensions ....... HB 772 Promotional Giveaways or Contests; deceptive practices ..................... SB 408 Racetracks or Speedways; vehicle exhaust; noise devices ....................... SB 89 Rental or Leasing Companies; vehicles seized for DUI violations ............... HB 66 Rented or Leased Vehicles; forfeiture under Controlled Substances Act ......... SB 73 Retail Contracts; revolving accounts; delinquency charges ..................... HB 293 Retail Grocery Stores; food product price labeling; requirements ............ SB 65 Retailers; payment by U.S. Currency; accept any denomination ................ SB 13 Smoking, Nonsmoking Areas in Public Places; regulation of.................. SB 251 Southeast Growth and Economic Development Study Committee; create ....... SR 285 State Purchasing; bills owed; enact Georgia Prompt Payment Act ............. HB 450 Telephone Monitoring; license to intercept telephone communications ......... HB 798 Telephone Service Carriers; 976, 900 numbers imposing per call charges; billing suspension; cease, desist orders .................................... HB 350 Ticket Agents; athletic contests; authorized service charge .................... HB 480 Trade Secrets; proprietary confidential information submitted Public Service Commission; requests for protective relief ................................. SB 420 Trade Secrets; theft; offense of misappropriation defined; penalty ............ SB 320 Travel and Tourism Industry in Georgia; commend .......................... SR 144 Unsolicited Merchandise; prohibited actions ............................ SB 84 Used Car Dealers' Registration Act; licenses; exemptions; pawnbrokers; leasing companies; antique autos; auctions; suspension violations ......... HB 594 Vehicle Tent or Auction Sales; contracts; cancellation procedures.............. SB 353 World Congress Center Authority; board of governors; eleven members ........ SB 100 World Congress Center; police, security guards; jurisdiction; powers ........... HB 928 World Congress Center; property, contract events; prohibited conduct; police, security, powers; employee records check .................................. SB 387
COMMERCE, CITY OF; new charter............................. HB 884
COMMERCIAL CODE; Code Title 11; errors and omissions corrections; revisions ................................................................. HB 167

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2450

JOURNAL OF THE SENATE

COMMISSIONS, BOARDS Ad Valorem Assessment Review Commissions; repeal provisions ............... HB 412 Advisory Council for Probation in Probate and Magistrate Courts; create ...... SB 224 Agricultural Commodity Commission for Peanuts; membership; qualifying..... HB 660 Anatomical Gift Procurement Advisory Board; membership ................... SB 125 Arbitration Commission; provide for creation of; employee grievances .......... SB 106 Architects, State Board of; additional members; powers; duties ................ SB 168 Atlanta Regional Commission; transfer of Fayette County from Mclntosh Trail Regional Development Center; ratified and approved................... HR 15 Aviation Hall of Fame; board members; overview committee; funds............ HB 140 Black Males, Governor's Commission on the Social Status; creation............. SR 12 Board of Children, Youth, and Family Services; creation ..................... SB 355 Boxing and Wrestling, State Commission; creation ............................. HB 9 Budgetary Management; program review; Cost-Benefit Review Act of 1991 .... SB 410 Child Care Council, Georgia; creation; composition; appointive members ....... HB 399 Children and Youth Coordinating Council; successor to Juvenile Justice Coordinating Council and Commission on Children and Youth ............. SB 370 Claims Advisory Board; hearings; processing compensation resolutions ....... SB 16 Commission on Domestic Violence.......................................... SR 286 Criminal Justice Coordinating Council; composition ......................... SB 370 Desert Storm Monument Commission; creating .............................. SR 250 Education, State Board; supervision of State Department of Education ......... SB 71 Elections, State Board; contested cases; judicial review; powers; duties ......... HB 67 Environmental Facilities Authority; at large members; qualifications .......... SB 96 Environmental Quality, Georgia Council on; urge creation .................... HR 101 Expenditures; legislative overview committee to study; create .................. SR 24 Georgia Auctioneers Commission; license fees for auctioneers ................. SB 160 Georgia Board of Athletic Trainers; members, residency requirements ......... HB 437 Georgia Commission on Women; creation ................................... HB 654 Georgia Courts Automation Commission; creation; membership; council; powers. HB 215 Georgia Education Authority (University); membership; projects. .............. SB 167 Georgia Municipal Training Institute; membership; president of Georgia Municipal Clerks and Finance Officers Association ......................... HB 287 Georgia Register Board; establish; publication of the Georgia Register ......... SB 379 Hazardous Waste Management Authority; appointees; executive director ....... SB 94 Health Strategies Council; creation; Health Policy Council abolished........... SB 192 Hearing Aid Dealers, State Board; membership .............................. SB 222 Housing and Finance Authority, Georgia; creation .......................... SB 95 James Earl Carter, Jr. Tribute Commission; creating ......................... HR 402 Joint Legislative Commission on Future Strategies; creation ................... SB 50 Judicial Nominating Commission; provide; recommend candidates ............. SB 295 Juvenile Justice Coordinating Council; change membership ................... SB 355 Lobbyists; persons representing state agencies; registration..................... SB 55 Lobbyists; registration of persons representing state agencies.................. HB 268 Occupational Therapists, State Board of; contracts for exam services .......... HB 474 Older and Handicapped Georgians' Transportation Task Force; create ......... SR 294 Postsecondary Technical and Adult Education Finance Study Commission ..... SR 205 Professional Engineers and Professional Surveyors, State Board of Registration; name change ............................................... HB 143 Professional Standards Commission; duties; school personnel certification ...... HB 589 Public Officials; elected; ineligible employment for certain period .............. SB 165 Public Service Commission; chairman, vice chairman; selection; rotation plan . .. HB 829 Real Estate Appraisers Board; members; terms of office ....................... SB 82 Residential Finance Authority, Georgia; abolish ........................... SB 95
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2451

COMMISSIONS, BOARDS (Continued) State Agencies; abolition, continuation after 4 Years; amend Constitution ....... SR 10 State Financing and Investment Commission; membership of Director, Office of Planning and Budget ............................................. SR 200 State Games Commission; additional members; powers; duties................. HB 804 State Patrol Disciplinary Board; change composition ......................... SB 172 State Purchasing; bills owed; enact Georgia Prompt Payment Act ............. HB 450 Stone Mountain Memorial Association; add two members; selection; terms ...... SB 98 Technology Related Assistance Trust Fund for Individuals with Disabilities Commission; establish ................................................... SB 269 Urban Policy Study Commission; creation................................... SR 166 Veterans Service Board; approve administrators, Veterans Nursing Homes ...... SB 48 Water Well Standards Advisory Council; extend to 1997 ..................... HB 616 Workers' Compensation, State Board; office of senior administrative law judge ............................................................. SB 323 Workers' Compensation, State Board; procedure for filing claims ............. .HB 117

COMMITTEE, SENATE ADMINISTRATIVE AFFAIRS; appointed

Page 106

COMMITTEES; Senate Standing; appointed................................ Page 88

COMMITTEES, STUDY (Also See Commissions, Boards) Alternative Educational Programs Study Committee ......................... SR 189 Aviation Hall of Fame Joint Legislative Overview Committee; creation......... HB 140 Chatham County Judicial Compensation Study Committee .................... SR 22 Children and Youth Joint Study Committee.................................. SR 72 Children's Code Study Committee ....................................... SR 273 City of DeKalb Study Commission; create................................ HB 882 County and Municipal Employment Practices Study Committee............... SR 246 DeKalb County Homestead Exemptions Study Committee ................... .HR 210 Dental Hygienists Licensing Study Committee ............................... SR 277 Fines and Forfeitures, Joint Study Committee and Advisory Council .......... HR 347 Gasoline Marketing Joint Study Committee ................................. SR 161 Grand Juries Study Committee ...................................... SR 21 James Earl Carter, Jr. Tribute Commission; creating ......................... HR 402 Joint Capital Outlay Study Committee. .................................... .HR 441 Joint Georgia Airport Development Authority Study Committee............... SR 197 Joint Georgia Airport Development Authority Study Committee............... HR 285 Joint Legislative Commission on Future Strategies; creation ................... SB 50 Joint Workers' Compensation Task Force ................................... HR 290 Lead Poisoning Prevention Study Committee................................ SR 224 Legislative Overview Joint Committee on State Government ................... SR 24 Low and Moderate Income Housing in Georgia Study Committee ............. SR 282 Midwifery Study Committee ......................................... SR 253 Music Industry Committee, an Interim Study Committee and Citizens' Advisory Council ..................................................... SR 43 Noncertificated School Personnel Study Committee ........................... SR 54 Obstetrics Study Committee ................................................ SR 20 Physician's Assistants, Regulation of, Study Committee ...................... SR 232 Posses, Auxiliaries and Voluntary Law Enforcement Officers Joint Study Committee ..................................... SR 222 Postsecondary Technical and Adult Education Finance Study Commission ..... SR 205 Postsecondary Vocational Education Laboratory, Equipment and Library Research Needs Study Committee ......................................... SR 29 Regional Development Centers Joint Study Committee ....................... SR 190

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2452

JOURNAL OF THE SENATE

COMMITTEES, STUDY (Continued) Retirement Benefits for Municipal, County Law Enforcement Officers Study Committee ....................................................... SR 292 Rural Policy Study Committee ............................................. SR 266 School Finance Study Committee .......................................... SR 173 Sickle Cell Anemia Study Committee .................................... SR 223 Southeast Growth and Economic Development Study Committee.............. SR 285 Study Committee on Certificate of Need and Process for Approval ............ SR 219 Study Committee on the Regulation of Firearms Sales ....................... SR 299 Teachers Accumulated Sick Leave Joint Study Committee.................... SR 149 Teachers; Alternative Teacher Certification Joint Study Committee............. SR 59 Teenage Pregnancies; urge Senate Youth, Aging, and Human Ecology study methods to effect reduction .............................................. SR 203 University System Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee............................ SR 30 Urban Policy Study Commission ........................................... SR 166 Water Allocation Study Committee ......................................... SR 153 Water Resources Conservation Management Study Committee ............... .HR 348 Wetlands Conservation Study Committee .................................... HR 19
COMMUNICATIONS FROM SECRETARY OF STATE Pages 13, 30, 143, 156, 280, 486, 760, 966, 1311, 1678, 2371
COMMUNITY AFFAIRS DEPARTMENT Assignment; Georgia Housing and Finance Authority.......................... SB 95 Environmental Quality, Georgia Council on; urge creation .................... HR 101 Regional Development Center Boundaries; transfer of Fayette County from Mclntosh Trail RDC to Atlanta Regional Commission....................... HR 15 Rural Facilities Economic Development Act; enact; duties; reports ............ HB 488 Water Resources Conservation Management Study Committee ............... .HR 348
COMPENSATION RESOLUTIONS Conestoga Management, Inc.; compensate ................................... HR 104 Coursey, Marshall D.; compensate .......................................... HR 336 Daniel, Gary J.; compensate................................................ HR 109 Drew, Mrs. Margaret; compensate .......................................... .HR 18 Hargus, Wilma G; compensate ............................................. HR 107 Heartstedt, Edmund J.; compensate ......................................... HR 42 Introduction in Either House of General Assembly; procedures ................. SB 16 Marks, Keith Stephen; compensate ......................................... HR 119 Nelson, Hoyt L.; compensate............................................... HR 184 Thomason, James; compensate ..............................................HR 40
COMPULSORY SCHOOL ATTENDANCE AFDC Recipients of Public Assistance; conditions of eligibility ............ SB 7 Maximum Age; change to 17; exemptions ................................... SB 155
COMPUTERS AND DATA PROCESSING SYSTEMS Computer Systems Protection Act; reenact; penalties for crimes ............... HB 822 Georgia Courts Automation Commission; implement state-wide data base system ............................................................ HB 215 GeorgiaNet Authority; powers; electronic data transmissions .................. HB 210 Optical Image Reproductions; admissibility into evidence ..................... HB 492
CONESTOGA MANAGEMENT, INC., L. F. HEILMAN, PRESIDENT; compensate ............................................................. .HR 104
CONFLICTS OF INTERESTS (See Ethics or Elections)
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2453

CONGRESS, U.S. (Also See Federal Government) Congressional Candidates; election by plurality of votes cast .................. SB 306 Congressional Districts; redistricting; population criteria, specifications, boundaries; judicial review ............................................ SB 138 Congressional Districts; redistricting plans; composition; hearings ........... SB 135 Congressional Districts; redistricting plans; requirements; census geography..... SB 137 Congressional Districts; redistricting; procedures; plans; public hearings, records access; census data; population criteria; judicial review .............. SB 139 Congressional Districts; redistricting; public access to data, materials ........ SB 136 Petition for Constitutional Convention; proposing criminal sanctions for certain disrespectful acts to U.S. or state flags............................. HR 105 Petition for Constitutional Convention; proposing sanctions for certain disrespectful acts involving the U.S. flag .................................. SR 151 Urge Additional Poultry Marketing Credit Guarantees to Soviet Union ........ SR 113 Urge Enactment of Comprehensive National Energy Strategy ................. SR 152 Urge Federal Financial Support Allowing Ineligible Lower-income People to "Buy-in" Medicaid Health Care Coverage ........................... HR 189 Urge Open Cable Industry to More Competition in Marketplace .............. HR 261 Urge Override Pennsylvania v. Davenport whereby Criminal Judgments are Avoided through Bankruptcy ........................................ .HR 151 Urge Passage Federal Surface Transportation Reauthorization Act.............. SR 98 Urge Support Oil, Gas Resource Exploration on Alaska's North Slope ......... SR 95
CONSERVATION AND NATURAL RESOURCES (See Natural Resources or Environmental Protection)
CONSOLIDATED ATLANTA PROPERTIES, LTD., CAPCO; terminate lease ............................................ SR 196
CONSTITUTIONAL AMENDMENTS Counties, Municipalities; indebtedness to provide public facilities requires voter approval........................................................... SR 75 Counties; special purpose sales tax; authorize for educational capital outlay projects ............................................................... SR 159 Drug Trafficking in Controlled Substance or Illegal Drugs; prohibit pardon or parole ........................................................ SR 238 Education, Office of Commissioner; create to replace State School Superintendent ........................................................ SR 150 Election by Plurality of Votes; Secretary of State, Attorney General; State School Superintendent, Commissioners of Insurance, Agriculture, Labor.................................................................. SR 169 Elections; local boards of education; appointment of local school superintendents.................................................. HR 288 Fiscal Year of State Government; change to April 1 beginning 1993 ............ HR 32 Former Supreme Court Justices, Appellate Court Judges; counsel to court in which served; expiration of 5 years ................................ SR 76 Future Commissioners of Insurance, Agriculture, Labor and Members of Public Service Commission Shall be Appointed by Governor.............. HR 332 Gambling on Cruise Vessels; authorize; amend Constitution................ SR 17 General Assembly; members limited to 12 years in office ...................... SR 11 Governor; elect and serve one six-year term of office .......................... SR 16 Judicial Circuits; special trial districts, investigative grand juries; provide for establishment; amend Constitution ..................................... SR 70 Local; Acts Repealing; condition for effectiveness on approval by majority of voters ................................................................ HR 16 Lottery; authorize State Lottery; designate proceeds for education .............. SR 7
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2454

JOURNAL OF THE SENATE

CONSTITUTIONAL AMENDMENTS (Continued) Lottery Operated by State; provide; separate budget category; prohibit parimutuel betting and casino gambling ..................................... HR 7 Revenue Bills; originate in either house of General Assembly .................. SR 13 Special County 1% Sales Tax for Educational Purposes; authorize.............. SR 65 State Agencies; abolition, continuation; public need hearings .................. SR 10 State Children's Trust Fund; state tax on rental, motion pictures, video recording and cassettes .................................................. SR 230 State Financing and Investment Commission; membership of Director, Office of Planning and Budget ....................................... SR 200 Summaries Shall Be Available at Election Polling Places; requirement ......... HB 670 Superior Court Judges; one-time adjustment of term so all judges elected at same time .......................................................... SR 171 Superior Court Judges; 4 year terms of office; appointment by Governor ....... SR 170 Technology Related Assistance Trust Fund for Individuals with Disabilities; provide for creation of .................................................. SR 146
CONSTITUTIONAL OFFICERS (See Public Officers and Employees)
CONSTRUCTION (Also see Contractors or Contracts) Labor or Material Obligations; issuance of bad checks........................ SB 131 Land-disturbances; regulated activities; mountains, river corridors, wetlands protection ..................................................... HB 643 Property Improvements; conversion of payments; intent to defraud; theft ...... SB 132 Residential; toilet requirements; prohibited sale; effective date ................ HB 605 Water Well Contractors; license requirements; performance bonds ............. HB 561
CONSUMER TRANSACTIONS (Also See Selling and Other Business Practices) Farm Equipment Warranty Act; enact ...................................... HB 175 Insurance; accident and sickness policies; notice of nonrenewal................ SB 393 Insurance; actions filed against unauthorized insurers ..................... SB 392 Insurance; unfair business practices; advertising; deductibles .................. SB 390 Insurance; unfair business practices; death benefits; premiums due ............ SB 391 Insurers; summary of financial condition and rate filing ..................... SB 79 Juror Lists; use for commercial solicitation prohibited ........................ HB 308 Motor Vehicle Warranties; consumer right to remedies; fee payments ........... HB 32 Retail Contracts; revolving accounts; delinquency charges ..................... HB 293 Telephone Companies; unlawful disclosure customer's personal records......... SB 297 Telephone Monitoring; license to intercept telephone communications ......... HB 798 Telephone Service Carriers; 976, 900 numbers; per call charges ............... HB 350
CONTRACTORS Conditioned Air; licenses; renewal; regulation; license display.................. HB 295 Construction Labor or Material Obligations; issuance of bad checks ........... SB 131 Contracts for Public Works; bids by affiliated corporations; bid bonds ......... HB 465 Mechanics' and Materialmen's Liens; performance of labor or provisions of materials; affidavits ......................................... HB 528 Mechanics' and Materialmen's Liens; property owner, contractor notice ........ HB 223 Residential Construction; toilet, shower heads, faucet; requirements ........... HB 605 Sales Tax on Subcontracts; surety bond amount requirements................. HB 336 Theft; conversion of payments for property improvements; evidence ........... SB 132 Utility; competency; underground facilities or piping installation for fire sprinklers or water-spray systems ..................................... HB 272 Water or Sewer; county contracts; prohibited materials requirements .......... HB 693 Water Well Contractors; license requirements; performance bonds ............. HB 561 Water Well Standards Advisory Council; extend to 1997.................. HB 616
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INDEX

2455

CONTRACTORS (Continued) Workers' Compensation; independent contractors; equipment owner-operators......................................................... HB 773
CONTRACTS Code Title 13; errors and omissions corrections; revisions ..................... HB 167 Equal Opportunity Office of the Dept. of Transportation; disadvantaged business enterprises; bids by subcontractors .............................. SB 14 Minority Business Enterprises; certification by Department of Administrative Affairs ................................................................. SB 144 Minority Business Enterprises; certification; qualifying ....................... SB 183 Multiyear Lease Purchase; counties, municipalities; referendums ................ SB 6 Multiyear Lease Purchase; local school systems; voter approval.................. SB 5 Municipalities; cooperative management of park and recreation property ....... SB 169 Municipalities of 400,000 or More; criminal justice facilities................... SB 129 Notice to Customers by Cleaners, Laundries, Tailors; waiver of rights.......... SB 235 Public Works; bids; affiliated corporations rescinding bids in favor of affiliate; forfeiture of proposal guaranty ................................... HB 465 State Games Commission; direct-support organizations ....................... HB 804 State; provide for publication under Georgia Register Act .................... SB 379 State Purchasing; contract over $10,000; bidding procedures ................. SB 183 Surrogate Parentage; void and unenforceable contracts ......................... SB 1 Vehicle Tent or Auction Sales Agreements; cancellation procedures .......... SB 353
CONTROLLED SUBSTANCES (Also See Drugs or Pharmacies or Crimes and Offenses) Anabolic Steroids; drug listing Schedule III; repeal penalties .................. HB 179 Bail Bonds; posting of cash; evidence of legal source for cash ................. SB 232 Drug Dependent Pregnant Females; priority admission, treatment access ....... HB 276 Drug Testing; candidates for state office; definition; labs; costs ................ HB 601 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933 Drug Trafficking; juveniles; designated felony act defined; prosecution ........ HB 87 Drug Trafficking; marijuana; quantity involved; punishment.................... HB 86 Drug Trafficking; persons convicted, mandatory term of imprisonment ......... SB 439 Drug Trafficking; persons convicted not eligible pardon or parole .............. SB 438 Drug Trafficking; prohibit pardon or parole to persons convicted .............. SR 238 Forfeiture Proceedings; order of distribution of proceeds; fund drug treatment, victim-witness assistance or finance judicial system ............... SB 73 Penal Institutions; drug abuse; inmate random testing; GBI investigate ....... HB 248 Possession; driver's license; period of suspension ............................. SB 290 Prescription Drugs; Medicaid patients; prior authorization required ........... SB 234 Property Criminally Derived Illegal Activity; prohibit sell, exchange ........... HB 324 Property Subject Forfeiture; disposition; revise practices, procedures........... SB 114 Violations; property subject forfeiture; comprehensive revision ................. HB 72
CONYERS, CITY OF; Conyers-Rockdale Amateur Athletics Authority; create...................................................................HB 980
COOSA WATER AUTHORITY; service area boundaries within Union County .................................................................. HB 935
COPPER WIRING; Fulton County; sales prohibited without certain clearance................................................................. SB 237
CORONERS (See Medical Examiners or Public Officers, Employees)

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2456

JOURNAL OF THE SENATE

CORPORATIONS, PARTNERSHIPS AND ASSOCIATIONS Business Records; retention requirements; specific period ..................... HB 208 Commercial Agencies; binding deeds or other instruments executed under seal.......................................................... SB 267 Corporations; foreign or domestic; insurable interest in life of officers, directors, employees ..................................................... SB 154 Fiduciary Security Transfers, Uniform Act for Simplification of ............... HB 794 Georgia Nonprofit Corporation Code; comprehensive revision of organization, incorporation, operation, regulation, members, obligation ................... HB 226 Georgia Trust Act; reenact; comprehensive revision .......................... HB 794 Health Care Corporations; formation; revisions; purposes; directors ............ HB 400 Income Taxes; payment; change time for corporations ........................ HB 338 Insurers Rehabilitation and Liquidation Act; financial regulations ............. SB 347 Limited Partnerships; indemnification of partners and other persons........... HB 739 Private Detective, Security Companies; licensure; exceptions, suspensions ...... HB 772 Public Records; reproductions; per page copying fees ......................... SB 345 Public Service Corporations; special operating fees; calculation ................ HB 901 Telephone Monitoring; license to intercept telephone communications ....... HB 798 Trade Secrets; appropriate, convert, obtain for improper purposes ............. SB 320
CORRECTIONS (Also See Inmates or Jails) Black Males; commission to study poverty, violence and drug abuse ............ SR 12 Boot Camps; special alternative incarceration units; probation condition ....... SB 177 Calhoun Correctional Institution; easement, City of Edison; gas line ............ HR 73 Children, Youth Services; reorganization; create new department .............. SB 355 Code Title 42; errors and omissions corrections; revisions ..................... HB 167 Commissioner; membership; Advisory Council Courts Automation Commission ............................................................ HB 215 Correctional Industries Administration; executive Officer; compensation ........ HB 763 Correctional Officers; claims for witness fees ................................. HB 455 Correctional Officers; service retirement allowance at age 55 .................. SB 187 Criminal Penalties, Restitution; collection; deposit of court costs .............. HB 823 Delinquent or Unruly Children Committed DHR; interested party petitions .... SB 434 Department; DUI alcohol, drug use reduction programs; fee exemption ....... SB 312 Department; employee retirement credit; age 55 with 10 years ................ SB 245 Department; supplemental appropriations FY 1990-1991 ....................... HB 85 Drug Testing of POST Certified Employees; urge discontinue program.......... SR 14 Eastman Youth Facility; easement, City of Eastman for sewer line ............. HR 73 Escapees; peace officers, use of deadly force to prevent or apprehend .......... HB 186 Firearms; possession by probationers, convicted felons prohibited............... SB 45 Inmate Boot Camp Units; alternative imprisonment; motor vehicle theft ....... SB 350 Inmates; county jails; assignment to home arrest programs; procedures......... HB 379 Inmates; county jails; assignment to work release programs; procedures ........ HB 380 Inmates; illiteracy; testing below 5th grade reading level; required instruction; incorporate parole guidelines ............................................. HB 244 Inmates; transferred other facilities; notice of infectious diseases .............. SB 128 Institutions, Facilities; notify agencies transporting patients, inmates diagnosed with infectious disease; confidentiality........................... HB 288 Irwin County; contracts as commercial enterprise to house inmates ............ HB 885 J. Carrell Larmore Probation Detention Center; designate; Fulton County .... HR 155 Juvenile Detention or Interim Control of an Accused; procedures.............. SB 283 Juvenile Offenders; certain children sentenced Corrections Department ........ HB 560 Juvenile Offenders; subsidies for community based commitment services ..... SB 378 Lorenzo Benn Youth Development Center; designate in Atlanta ............... HR 157 Municipal Detention Facilities; persons on duty; cities of 6,000................ HB 731
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INDEX

2457

CORRECTIONS (Continued) Penal Institutions; drug abuse; inmate random tests; GBI investigate .......... HB 248 Prison Guards; indemnification; applications; time for filing................... HB 454 Probation, Parole Officers; sexual assault of person in custody ................. SB 57 Probation Supervision; cases in Probate and Magistrate Courts .............. SB 224 Probationers Sentenced Community Service; use for private gain .............. HB 125 Pulaski Women's Prison; easement to Oglethorpe Power Corporation .......... SR 140 State Institutions; understaffing; employee hiring freezes, layoffs ............... SR 23
COSMETOLOGY; Certificate of Registration; renewal; education requirements ........................................................... SB 181
COUNCIL OF SUPERIOR COURT CLERKS OF GEORGIA; commend ....................................................... SR 293
COUNTIES (Also See Local Government) Ad Valorem Taxes; assessment; appeal procedures; filing tax returns........... SB 103 Ad Valorem Taxes; disapproved digests; appeals procedures; collections ........ HB 412 Ad Valorem Taxes; equalized adjusted school digest; assessment-ratio studies. . SB 201 Ad Valorem Taxes; Fulton County; proposed rate increase; advertisement; hearings .............................................................. SB 43 Ad Valorem Taxes; homestead exemption; leased property improvements ...... SB 440 Ad Valorem Taxes; levy to finance services for at-risk children................ SB 424 Ad Valorem Taxes; unpaid taxes; final settlement period ..................... HB 266 Airport Property Acquisition; prohibit condemnation outside boundaries ...... HB 548 Airports; acquisition of property extraterritorially; consent required............ SB 173 Board of Elections in Counties of Less Than 11,725; repeal .................. HB 532 Board of Health; access to certain mental health records ..................... HB 889 Boards of Education; chairman; local policy establishing term ................. SB 396 Boards of Registration and Election; request criminal history records .......... HB 207 Bonds and Debt Obligations for Public Facilities Requires Voter Approval ...... SR 75 Cemeteries and Burial Grounds; authority to preserve, protect; permits ........ HB 402 Coastal; operation of cruise vessels as gambling places; referendum ............. SB 2 Commissioners, Officials and Employees of Georgia; commend................. SR 121 Contracts; construction or repair of water, sewer system; materials requirements .......................................................... HB 693 Contracts; multiyear lease purchases; voter referendum approval ................ SB 6 Counties of 550,000 or More; charitable grants; conditions; recommendations of local advisory board; membership defined.............................. SB 86 Counties of 550,000 or More; criminal bail bond fees; use of .................. SB 227 Emergency Management, Office of; establishment; disaster relief funds ......... HB 241 Emergency 911 Telephone Systems; public safety answering point; billing ..... SB 289 Employment Practices; committee to study.................................. SR 246 Environmental Effects of Proposed Governmental Actions; duties .............. SB 97 Firearms; preempt, prohibit local regulation; exclusions ....................... HB 375 Georgia County Government Week; designate in April........................ SR 174 Governing Authorities; members and chief executive officer; salaries ........... SB 200 Grand Juries Study Committee; creation ..................................... SR 21 Highways, Roads or Streets; pavement markers; restricted use ................ HB 526 Hospital Authorities; state grants for public health purposes .................. HB 424 Hotel-Motel Excise Tax; authority to levy; coliseums, exhibit halls, convention, trade show purposes; limitations............................... HB 420 Insurance Premium Taxes; funding streets, roads unincorporated areas ....... SB 372 Investments of Funds; risk management and self-insurance funds ............. HB 602 Jails; assignment of certain inmates to home arrest programs ................. HB 379 Jails; assignment of certain inmates to work release programs ................. HB 380
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2458

JOURNAL OF THE SENATE

COUNTIES (Continued) Judicial Sales; legal advertisements; which newspaper shall advertise .... SB 431 Juvenile Justice Services; subsidies; community based services for commitment of juveniles................................................. SB 378 Law Enforcement Officers; committee to study retirement benefits ............ SR 292 Law Enforcement Officers; discipline actions; complaint review board .......... SB 203 Law Enforcement Services in a Local Emergency; mutual aid contracts with other states, federal agencies; sheriff approval......................... HB 232 Law Enforcement; urge improve retirement, pension benefits.................. SR 225 Law Library; collection of court costs; superior court clerks fees............... HB 290 Library Boards of Trustees; ex officio members of governing authority ........ HB 584 License Plates; alteration of county designation; penalties ..................... HB 15 Local Boards of Education; appoint local school superintendents .............. HR 288 Local Boards of Education; meeting notices; newspaper publication ............ HB 403 Marshals of the Magistrate Courts; employment of; training .................. SB 346 Officers, Employees; actions against; furnish defense of such persons........... SB 279 Paupers' Burials; interment expense amount; governing authority discretion ... HB 476 Probate Courts; judges; nonpartisan elections; procedures ........... SB 62 Public Officials; abuse of office; offense of bribery defined ..................... SB 72 Public Safety Radio Services; counties of 500,000 ..................... HB 611 Residential Areas; notify residents of military practice maneuvers .............. SB 15 Revenue Bonds; proceeds; authorized investments............................ SB 175 Rural Economically Depressed Areas; committee to study development of ...... SR 266 Rural Facilities Economic Development Act; enact ........................... HB 488 Special County 1% Sales Tax for Educational Purposes; authorize. ........ SR 65 Special Purpose County Sales Tax; local school systems to receive and use; amend Constitution ..................................................... SR 159 Special Revenue; TVA apportioned payment share of gross proceeds ..... SB 195 State Courts; jurisdiction over city judicial matters........................... SB 344 Tax Assessor Boards; elections; General Assembly provide local Act ...... SB 44 Tax Assessors, Appraisal Staff; entry upon property.......................... HB 264 Tax Assessors Board; duties; appeals; reappraised valuations .................. HB 257 Tax Commissioner; vacancy in office; time of special election.................. HB 209 Tax Executions; delinquent taxes; administration fee levy ..................... SB 56 Tax Officials; office business hours, days ......................... SB 291 Telephones; tollfree county-wide calling; urge expand 22 mile radius ........... HR 185 Unincorporated Areas; ordinances; increase maximum fine to $1,000 ........... HB 626 Welcome Centers; local program; implementation; state funding criteria .... SB 357 Workers' Compensation; group self-insurance fund; expand definition .......... HB 533 Zoning Actions; disqualified local official; appoint special masters............... SB 67 Zoning Proposal Review Procedures; encourage planning commissions.......... HB 825
COURSEY, MARSHALL D.; compensate. ................................. ,HR 336
COURTS (Also See Judicial Circuits or Superior Courts) Administrative Office of; membership; Advisory Council to Courts Automation Commission ................................................. HB 215 Appeals in Actions for Damages; judgments of $10,000 or less.................. HB 70 Appellate Cases; applications; increase bill of costs ............................ HB 69 Appellate Judges Beyond Age 75; exception to mandatory retirement .......... SB 153 Bail; DUI offenses; detention period for intoxicated persons................... HB 129 Blue Ridge Judicial Circuit; superior court; third judgeship ................... SB 364 Brunswick Judicial Circuit; superior court; fifth judgeship .................... SB 314 Child Custody Disputes; best interest of child criteria ................. SB 210 Child Support Recovery; appointed assistant district attorneys ................ HB 416
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INDEX

2459

COURTS (Continued) Children's Code Study Committee; condense laws under single title. ........... SR 273 Civil Actions; actions behalf of injured minor child; time period ............... SB 305 Civil Actions; breach of restrictive covenants; building set-back lines........... HB 259 Civil Actions Filed State or Magistrate Court; increase fees charged ........... HB 442 Civil Actions; property owner's right of action for damage or theft ........... SB 184 Civil Actions; service of process; summons; by whom served .................. HB 188 Civil Actions; stay; Soldiers' and Sailors' Civil Relief Act of 1940............. HB 720 Civil and Criminal Cases; fees for services of sheriffs; change ................. SB 171 Civil Practice; continuances; absence of counsel serving armed forces .......... SB 238 Civil Practice; continuances; absence of witness residing outside state; absence of lead counsel serving General Assembly.......................... HB 461 Civil Practice; when case in default; filing and serving time period ............ SB 423 Clerks; deposit of court costs for collection of civil, criminal penalties.......... HB 823 Clerks; probate; powers in uncontested cases; counties over 100,000.......... SB 41 Clerks; superior; additional salary for services in other courts ................. SB 441 Clerks; superior; bond forfeitures; sheriffs exempt recording fees .............. SB 246 Clerks; superior court; office hours.......................................... SB 384 Cobb Judicial Circuit; superior court; judges; salary supplement............... SB 371 Code Title 15; errors and omissions corrections; revisions ..................... HB 167 Criminal Judgments, Avoiding Sentence by Discharge of Debt, Bankruptcy; urge Congress override Pennsylvania v. Davenport case..................... HR 151 Criminal Procedure; principal failure to appear; bond forfeiture ............... SB 308 Criminal Procedure; where offenses are bailable; transfer other court .......... HB 875 Criminal Proceedings; pleas; redefine mentally retarded ..................... SB 421 Defendants; pleas of insanity or mental incompetency; inpatient, outpatient custody criteria; release hearing requests .................................. HB 469 Dispositions, Uniform Foreign Depositions Act; Title 24 revisions ............ SB 51 District Attorneys Emeritus; delete certain retirement restriction ............ SB 288 District Attorneys, State Court Solicitors; ordered military duty............... SB 112 Domestic Violence; commission to study personnel training programs .......... SR 286 Eastern Judicial Circuit; superior court; sixth judgeship ....................... SB 26 Evidence; admissibility of nonerasable optical image reproductions ............ HB 492 Evidence; admissible; drug test results; GBI written reports.................... SB 59 Evidence; closed circuit TV testimony of child victims ................... SB 29 Evidence; closed circuit TV testimony of child victims ....................... SB 70 Evidence; disposition of property seized in criminal proceedings ............... HB 531 Evidence; rules; new OCGA Title 24, extensive revision........................ SB 51 Evidence; witnesses; state law enforcement officers; payment of fees .......... HB 455 Family Violence; case involving injury; bail procedures ....................... HB 448 Fines, Forfeitures, Fine Add-ons; committee to study feasibility of adopting state uniform schedule, purposes ......................................... HR 347 Georgia Courts Automation Commission; creation; membership; powers to implement state-wide system network; create advisory council............... HB 215 Grand Juries; committee to study powers, duties, special purposes.............. SR 21 Grand Juries; volume of presentments requires second grand jury .............. SB 85 Griffin Judicial Circuit; superior court; fourth judgeship ..................... SB 334 Guardianship Petitions; procedures; reports; dismissal; expenses ............... HB 417 Indigent Defense; financing of local programs; bail bondsmen fees ............. SB 304 Judges; superior, inferior or juvenile; mandatory retirement age; exception; certificate of capability .................................................. HB 478 Judicial Circuits; special trial districts; investigative grand juries ............... SR 70 Judicial Council of Georgia Employees; creditable retirement service........... SB 445 Judicial Nominating Commission; provide for................................ SB 295
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2460

JOURNAL OF THE SENATE

COURTS (Continued) Judicial Review; contested elections; selection of presiding judge ............... HB 67 Judicial Sales; forfeited vehicles operated by habitual violators ................. HB 66 Juries; felony cases; reduce number of peremptory challenges to ten ........... SB 383 Juries; investigative grand juries in special trial districts....................... SR 70 Juror Lists; use for commercial solicitation prohibited ........................ HB 308 Justices of Supreme Court, Appellate Judges Appearing as Counsel; expiration of 5 years; amend Constitution ............................................ SR 76 Juvenile; associate judges; change certain authority, jurisdiction; add to Council of Juvenile Court Judges ......................................... HB 199 Juvenile; children coming before court; coordinated system of care ............ SB 370 Juvenile; delinquency cases; records inspection; fingerprint, photo file .......... HB 683 Juvenile; delinquency, deprivation hearings, files, reports; public inspection, disclosure; conditions ......................................................... SB 260 Juvenile; incorrigible child sentenced Department of Corrections for special management; change effective date of 1990 Act ............................ HB 560 Juvenile; intake and probation services; transfer state-wide system .......... SB 335 Juvenile; office of senior judge created; appointment to service ................ HB 572 Juvenile Proceedings; detention of accused; imposed freedom restraints ...... SB 283 Magistrate Courts; employment of marshals; training requirements ......... SB 346 Municipal; judges; certificate of training; redefine term ....................... HB 313 Municipal; jurisdiction of State Courts of Counties; city matters .............. SB 344 Probate and Magistrate; misdemeanor cases; probation supervision services. .... SB 224 Probate; change costs for specific services; computerized records............... HB 537 Probate; judges; duties; issuance of firearms licenses .......................... SB 45 Probate; judges; nonpartisan primaries and elections; procedures ............... SB 62 Probate; judges; office business hours, time period, days ...................... SB 291 Probate; judges; retirement; cost-of-living benefits; calculation.................. SB 47 Probate; judges; retirement; creditable service; benefit calculation ........... SB 60 Probate; judges; retirement; eligibility; age 55, 10 years service ............ SB 337 Probate; judges; retirement fund board of commissioners; add member...... SB 46 Probate; judges; retirement; membership; employees of such fund ............. SB 61 Probate; mental health hearings; out-of-county patient; noncounty reimbursement ......................................................... HB 213 Probate; wills and administration of estates; changes; clarifications ............. SB 41 Prosecuting Attorneys' Council; personnel; compensation .................... HB 679 Public Records; reproductions; per page copying fees ......................... SB 345 Rockdate Judicial Circuit; superior court; additional judge .................... SB 127 Sentencing Offenders to Home Arrest Program; procedure .................... HB 379 Sentencing Offenders to Work Release Programs; procedure .................. HB 380 Sentencing; probation conditions; confinement special boot camp .............. SB 177 Sentencing; probation; orders to shorten period; procedures ................... HB 170 Sexual Offenses; disclose to victim exposure to AIDS transmitting crimes ...... HB 554 State Courts of Counties; jurisdiction over city judicial matters ............. SB 344 State; judge or solicitor; retirement, prior service credit....................... SB 149 State; judges administer oath of office to General Assembly members .......... HB 427 State; solicitors; ordered military duty ...................................... SB 112 Stone Mountain Judicial Circuit; superior court; tenth judgeship .............. SB 301 Subpoenas; disclosure of customer personal telephone records ................. SB 297 Summons of Garnishment for Delinquent Taxes ............................. HB 333 Superior; Atlanta Judicial Circuit; additional judgeship ....................... HB 516 Superior; Atlanta Judicial Circuit; chief judge; repeal 1963 Act................ HB 718 Superior; Cherokee, Forsyth Counties; new third judgeship ................... HB 360 Superior; clerks; additional salary for services in other courts .............. SB 441
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INDEX

2461

COURTS (Continued)

Superior; clerks; bond forfeiture recording fees; exempt sheriffs ............... SB 246

Superior; clerks; fees; change charges, amounts, collection..................... HB 290

Superior; clerks; fees; domestic cases; counties of 450,000 ..................... SB 317

Superior; clerks; fees; revise; counties of 550,000 or more ..................... SB 316

Superior; clerks; fees; 1990 population classification .......................... SB 318

Superior; clerks; office hours ............................................... SB 384

Superior; clerks; vacancy in office; period chief deputy shall serve ............. HB 202

Superior; disposition of property seized for certain hunting violations ......... .HB 811

Superior; Gwinnett Judicial Circuit; sixth judgeship .......................... HB 360

Superior; Gwinnett Judicial Circuit; sixth judgeship .......................... HB 534

Superior; Haralson and Polk Counties; change commencement of term ......... HB 374

Superior; hearings, legal sufficiency; Recall Act of 1989 ....... SB 382

Superior; judges; appointment by Governor, 4 year term; amend Constitution SR 170

Superior; judges; comprehensive revision of election method .................. SB 264

Superior; judges; postretirement cost-of-living benefit adjustments; withdrawal. . HB 483

Superior; judges; repeal election, provide appointment by Governor............ SB 263

Superior; judges; single-member districts; elections; terms..................... SB 262

Superior; judges; term of office; adjust so all judges elected same time ......... SR 171

Superior; judicial review; legislative, congressional redistricting

...... SB 138

Superior; petitions for judicial determination of unresolved collective

bargaining issues and MARTA ............................. SB 300

Superior; Rockdale Judicial Circuit; second judgeship ........................ HB 398

Superior; senior judges; judges who receive disability benefits ................. HB 429

Superior; Tallapoosa Circuit; additional assistant district attorney ............. HB 493

Superior; Tallapoosa Judicial Circuit; judges; district attorney;

county supplement...................................................... HB 947

Supreme; motion for rehearing; change to motion for reconsideration .......... HB 220

Tort Actions; Unliquidated Damages Interest Act; enact...................... SB 325

Trials; grounds for continuance; attorneys on General Assembly staff .......... SB 310

Trials; juries in felony cases; change number of peremptory challenges .... SB 383

Trials; witnesses; child victims; closed circuit TV testimony.................... SB 29

Trials; witnesses; child victims; closed circuit TV testimony ....... SB 70

Vital Records; confidentiality of documents kept judicial offices ............... SB 229

COVERDALE, PAUL; Peace Corps Director, former Senator, remarks ....... Page 968

COWART, CHARLES MARTIN; commend ................................ SR 300

COWETA COUNTY Board of Commissioners; additional member elected at large ................. HB 1017 Newnan-Coweta County Airport Authority; membership ..................... HB 1051 Operation Desert Storm; support men and women serving .................... SR 176

COX, HONORABLE JOE LANE OF DAWSON COUNTY; commend

SR 227

CREDIT CARDS Financial Transaction Card Theft, repeal theft by taking ..................... SB 151 Merchants, acceptance as payment or ID; misuse of information ............... SB 39

CRIME INFORMATION CENTER Criminal Records Check for Employment; teachers, principals, other certificated personnel; procedures......................................... SB 425 Criminal Records Check; operators, instructors of DUI Alcohol or Drug Use Risk Reduction Programs............................................ HB 358 Criminal Records Check; World Congress Center police, security guards........ HB 928 Duties; driver's license applicant fingerprint records; dissemination ............. SB 75 Family Violence Incident Reports ............................... .......... HB 449

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2462

JOURNAL OF THE SENATE

CRIME INFORMATION CENTER (Continued) Juvenile; felonious offenses; fingerprint and photograph files .................. HB 683 Records; dissemination; county boards of registration and elections ............ HB 207 Records; dissemination; firearms purchaser background check ................. SB 150 Reports of Stolen Vehicles and License Plates ............................... HB 396

CRIME VICTIMS (See Victims of Crime or Courts)

CRIMES AND OFFENSES

Aggravated Assault; alleged; bailable only before superior court ............... SB 388

AIDS Transmitting Crimes; HIV testing; disclosure to victim; reports.......... HB 554

Assault and Battery; public transit vehicles or stations; punishment ........... HB 694

Bad Checks; issuance for construction labor or material debt ............... SB 131

Battery, Offense of Simple; against police officers, law enforcement dogs;

punishment ............................................................ SB 255

Burglary; alleged; oflfense bailable only before superior court .................. SB 388

Cigarettes, Tobacco Products; sales to, purchase by persons under age 18 ...... SB 248

Cockfighting, Offense of; felony penalty; definition ........................... SB 219

Code Title 16; errors and omissions corrections; revisions ..................... HB 167

Computer Systems Protection Act, Georgia; reenact .......................... HB 822

Concert Ticket Price Scalping Prohibited; penalty ........................... SB 145

Controlled Substances Act; property forfeiture cases; procedures .............. SB 114

Controlled Substances Act; property forfeiture proceedings; proceeds ........ SB 73

Controlled Substances Act; property subject seizure, forfeiture ................. HB 72

Controlled Substances Act; violations; posting of cash bail bonds ............. SB 232

Controlled Substances or Illegal Drugs; drug testing of state employees ....... HB 933

Criminal Proceedings; pleas; redefine mentally retarded ...................... SB 421

Death Investigations; autopsies; hospital reports of suspicious deaths .......... SB 322

Death Investigations; redefine autopsies, limited dissection.................... SB 302

Drug Abuse; inmates, penal institutions; random tests; investigation ......... .HB 248

Drug Offenses; property criminally derived; prohibit sell, exchange

.... HB 324

Drug Trafficking; juveniles; designated felony act defined; prosecution;

restrictive custody ....................................................... HB 87

Drug Trafficking; marijuana; quantity involved; punishment.................... HB 86

Drug Trafficking; persons convicted; mandatory term of imprisonment ........ SB 439

Drug Trafficking; persons convicted not eligible pardon or parole ............. SB 438

Drug Trafficking; prohibit pardon or parole; amend Constitution .............. SR 238

Explosive Devices; criminal possession; penalties ............................. HB 271

Family Violence Crimes; basis of arrest decisions; statistical report ............ HB 449

Family Violence; felonious acts, battery, false imprisonment; arrest ............ HB 298

Financial Institutions; suspicious criminal activities; reports; civil liability

immunity ........................................................... SB 162

Fine Art Works; duplicating without permission; penalties .................... SB 375

Fines and Forfeitures, Joint Study Committee and Advisory Council;

creating ................................................................ HR 347

Firearms; handguns, pistols; regulate sales through dealers; purchaser

background checks required; procedures; prohibitions. ...................... SB 150

Firearms; pistols, revolvers; applicants for license; investigate .................. SB 45

Firearms; regulation of sales, unlawful purchases; study of .................... SR 299

Firearms; statewide regulation; preempt, prohibit local regulation.............. HB 375

Fraudulent Use of Academic Diplomas, Records; falsifying documents ......... SB 313

Gambling; exception to prohibitions; crane game machines, devices ............ HB 281

Gambling on Cruise Vessels; authorize; amend Constitution .................... SR 17

Gambling; permits; cruise vessels on coastal waters; GBA operate ....... SB 2

GBI; investigation of local law enforcement officers, agencies ................... SB 38

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INDEX

2463

CRIMES AND OFFENSES (Continued)

Homicide Punishable Injurious Acts; time within which death must occur ...... HB 366

Insurance; fraudulent acts defined; penalty; duty of insurers .......... SB 110

Insurance; offense of fraud; felony penalty ................................... SB 66

Kidnapping; alleged; offense bailable only before superior court ............... SB 388

Lottery Equipment, Printed Materials; sales, shipment out of state ............ SB 367

Marijuana; unlawful possession conviction; driver's license suspension .......... HB 123

Midwifery; practice without certificate of authority; felony penalty

.... SB 194

Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ........ SB 230

Motor Vehicle Theft; punishment; incarceration inmate boot camp unit........ SB 350

Murder, Offense of; infliction of an injury and resultant death ................ SB 147

Offense of Feticide by Vehicle; causes of death of unborn child ................ SB 58

Offense of Obstruction or Hindrance of Firefighters; change reference.......... HB 441

Peace Officers; reserve officers; authority to carry firearms ..................... SB 53

Pistols and Revolvers Sales; 7-day wait period; purchaser records check ..... SB 118

Public Officials; abuse of office; offense of bribery; punishment ................. SB 72

Reptiles; poisonous; use in religious service prohibited......................... SB 21

Sexual Assault; sexual contact with person in legal custody; penalty ............ SB 57

Sexual Crimes; children who are victims; closed circuit TV testimony .......... SB 178

Sexual Exploitation of Children; property forfeiture; correct reference .......... HB 72

Sexual Offenses; educators; reports to Professional Practices Commission....... HB 146

Sexual Offenses; public indecency; third or subsequent conviction ............. HB 567

Sexual Offenses; victims under age 16; exclusion, limitation on prosecution . HB 240

Smoking of Tobacco in Public Places; violations; designated areas ............. SB 251

Telephone Wiretapping, Eavesdropping; prohibition; exemption ............... HB 798

Theft; false reporting of theft or conversion of a vehicle; penalty .............. HB 574

Theft; financial transaction cards; repeal theft by taking...................... SB 151

Theft; intent to defraud; architects, landscapers, engineers, contractors ....... SB 132

Theft; trade secrets; appropriate, convert, obtain for improper purpose ........ SB 320

Victim-witness Assistance Programs; proceeds, forfeitures under Controlled

Substances Act .......................................................... HB 72

CRIMINAL PROCEDURE Arrest of Persons; family violence incidents ................................. HB 449 Arrests; use of deadly force by peace officers to apprehend escapees ........... HB 186 Bail Bonds; posting of cash; evidence of legal source for cash ................. SB 232 Bail; deposit of driver's license; valid receipts; time period .................... HB 187 Bail; DUI offenses; detention period for intoxicated persons................... HB 129 Bail Procedures in Cases of Family Violence Involving Bodily Injury ......... HB 448 Bailable Offenses Only Before Superior Court; alleged kidnapping, arson, aggravated assault, burglary. ............................................. SB 388 Bailable Offenses; superior court judge may delegate authority ................ HB 875 Bonds and Recognizances; forfeiture; principal failure to appear............... SB 308 Children; victims of certain crimes; closed circuit TV testimony. ....... SB 29 Children; victims or witnesses; sexual offense; closed circuit TV testimony ...... SB 70 Code Title 17; errors and omissions corrections; revisions ..................... HB 167 Court Costs; deposits; conditions to filing certain actions ..................... HB 823 Criminal Justice Coordinating Council; membership; Advisory Council to Courts Automation Commission .......................................... HB 215 Dispositon of Property Seized; procedures; notice; records; sale................ HB 531 Disposition of Unclaimed Cash Bail Bonds .................................. HB 436 Evidence; admissible; drug test results; GBI written reports.................... SB 59 Evidence; rules; new OCGA Title 24, extensive revision........................ SB 51 Evidence; witnesses; state law enforcement officers; payment of fees ........... HB 455 Family Violence, Protective Order Violations; arrest for probable cause ........ HB 298

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2466

JOURNAL OF THE SENATE

DENNARD, CHARLES T., PRESIDENT, VULCAN MATERIALS COMPANY SE DIVISION; commend ................................................ SR 288

DENNARD, ELMER A., HIGHWAY; designate State Route 18 at Gordon to Jeffersonville city limits................................................. HR 346

DENTISTS AND DENTAL HYGIENISTS Dental Hygienists Licensing Study Committee; create ........................ SR 277 Dental Hygienists; temporary licenses ......................................... HB 4 Dentistry, Practice of; definitions ........................................... HB 315 Dentistry; practicing without a license; felony penalty ........................ SB 159 Dentists; names of dentists practicing; advertising requirements ............. HB 849 Dentures and Removable Partials; require mark with patient's ID .............. HB 26 License Renewal; scientific based continuing education; hardships ............... HB 3

DESERT STORM MONUMENT COMMISSION; creating

SR 250

DESOTO BAPTIST CHURCH CENTENNIAL; congratulate

SR 142

DETECTIVE AGENCIES; Private Detective, Security Businesses; revise license requirements; exceptions; suspension for felony crimes ................. HB 772

DEVELOPMENT AUTHORITIES (Also See Authorities) Powers; surplus funds; promote industry, agriculture, trade ................... HB 820

DISABLED (See Handicapped or Elderly)

DISPOSSESSORY PROCEEDINGS; Issuance of Summons; magistrate court clerk or deputy clerk ................................................ HB 569

DISTRICT ATTORNEYS (Also See Judicial Circuits) Absence for Ordered Military Duty; designated acting DA; reelection .......... SB 112 Assistant District Attorneys; duties; child support recovery; compensation ...... HB 416 Emeritus; delete retirement restriction on practicing private law. .............. SB 288 Impaneling Second Grand Jury Panel to Serve Regular Grand Jury ......... SB 85 Prosecuting Attorneys' Council; adminsitrative or clerical personnel; compensation........................................................... HB 679 Tallapoosa Judicial Circuit; supplemental expense allowance .................. HB 947

DISTRICT ATTORNEYS RETIREMENT SYSTEM; Retirees Practicing Private Criminal Law; delete restriction..................................... SB 288

DIVISION OF FAMILY AND CHILDREN SERVICES; Adoption Unit; transmittal of parental rights termination orders .............................. HB 29

DIVORCE (Also See Domestic Relations) Child Custody; state policy on contact with parents, grandparents ............. SB 208 Child Support; education financial assistance to age 21; factors................ SB 380 Filing Fees; Children's Trust Fund; superior court clerks ..................... HB 290 Petitions; content of statement; birthdates .................................. SB 394

DOCTORS OF THE DAY Anderson, Larry W. ..................................................... Page 553 Bailey, Philip Bates ..................................................... Page 774 Balsley, Robert S........................................................ Page 812 Bortolazzo, Gerald W. .................................................. Page 1607 Bunker, Gordon ....................................................... Page 2158 Byrd, Jeff W........................................................ Page 913 Clanton, Douglas ....................................................... Page 229 Cranford, Cliff.......................................................... Page 397 Crenshaw, Martha ..................................................... Page 2029

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INDEX

2467

DOCTORS OF THE DAY (Continued) Crowdis, Jr., James H. .................................................. Page 937 Finney, Cari L. ........................................................ Page 1328 Fowler, Ray ........................................................... Page 1707 Gamwell, John ......................................................... Page 490 Gonzalez, Evan ........................................................ Page 1397 Haile, Kenneth ......................................................... Page 207 Harris, Terrance M...................................................... Page 968 Hoffman, Kathryn ...................................................... Page 294 Hutchinson, Joseph .................................................... Page 1187 Hutto, Mark ........................................................... Page 325 Jackson, Eugene H. ..................................................... Page 657 Jones, William B....................................................... Page 1311 Kaufmann, James A. ..................................................... Page 28 Kaufmann, Robert ...................................................... Page 183 Kinard, Garland ........................................................ Page 129 Knowles, Van ......................................................... Page 1231 Kyzar, Kent C. ........................................................ Page 1539 Lahasky, David M...................................................... Page 1131 Maughon, James ........................................................ Page 161 Maxey, Joy A............................................................ Page 88 McNeill, A. A........................................................... Page 256 Metis, James ........................................................... Page 161 Moore, James C........................................................ Page 2180 Navarro, Romulo P..................................................... Page 1298 Ollins, Robert ..................................................... Pages 111, 913 Russell, Dee B. ...................................................... Page 1838 Shuman, Robert ........................................................ Page 119 Streat, Perry ........................................................... Page 461 Thomas, Fred D. ....................................................... Page 867 Tillman, Ralph ......................................................... Page 161 Tuck, Steve ............................................................ Page 732 Underwood, Charles..................................................... Page 161 Vernon, Minor C. ....................................................... Page 418 Woodall, Lee ........................................................ Page 683 Woods, Jr., C. Alien..................................................... Page 657
DODGE COUNTY; property conveyance; City of Eastman, easement for sewer line ................................................................. HR 73
DODSON, LIEUTENANT ERIC OF ALBANY; commend ................ SR 304
DOGS; mobility impaired persons and their trained service dogs; rights of....... HB 835
DOMED STADIUM FACILITY; Property Conveyance; tracts exchanged with Stanley Rinzler, et. al. ................................................. SR 68
DOMESTIC RELATIONS Adoption; requirments of certain documents, orders, petitions, decrees ......... HB 604 At-risk Children and Youth; resources, services; goals and policies ............. SB 104 At-risk Families; urge investigation of ways to address needs.................. SR 330 Change of Name; certificates; superior court clerks fees....................... HB 290 Child Abuse Reports; access to records; eligible persons; protect identities; reclassification of cases .................................................. HB 289 Child Care Council, Georgia; creation; provide duties and composition ......... HB 399 Child Custody; best interest of child criteria................................. SB 210 Child Custody; state policy on contact with parents, grandparents ............. SB 208
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2468

JOURNAL OF THE SENATE

DOMESTIC RELATIONS (Continued)

Child Support; amount computed net income; special circumstances ............ SB 19

Child Support; education financial assistance to age 21; factors................ SB 380

Child Support; enforcement; income deduction orders; parentage; records ... HB 547

Child Support; obligation for health care, postsecondary education

.... SB 360

Child Support Recovery; assistant district attorneys' duties ................... HB 416

Children and Youth Legislative Overview Committee; create .................. SB 105

Children Born Out of Wedlock; inheritance; paternal kinship; evidence ........ HB 251

Children; compulsory school attendance; maximum age; exemptions ........... SB 155

Code Title 19; errors and omissions; redesignate provisions ................... HB 167

Divorce Petitions; contest of statement; include birthdates .................... SB 394

Domestic Violence; create commission to study problems, issues ............... SR 286

Family Violence; cases involving injury; bail procedures; conditions ............ HB 448

Family Violence; investigations; basis of arrest decisions; reports .............. HB 449

Family Violence or Protective Order Violations; felonious acts; arrest

based probable cause; enforcement officer duties; notice to judge ............ HB 298

Marriage Ceremonies; authority of associate juvenile court judges ............. HB 199

Parentage; surrogate; void and unenforceable contracts ......................... SB 1

DOOLY COUNTY; property conveyance; easement to Oglethorpe Power Corporation ........................................................ HR 160

DOUGHERTY COUNTY Probate Court; judge; change salary ........................................ HB 771 Property Conveyance; land exchange with Albany Technical Institute.......... HR 150

DOUGLAS COUNTY Board of Commissioners; filling of vacancies ................................. SB 298 Community Improvement Districts Act; enact ............................... HB 647 Douglasville-Douglas County Charter Commission; create ..................... HB 990 Douglasville-Douglas County Water and Sewer Authority; right of entry and inspection .......................................................... HB 989 Hosptial Authority; vacancies; method of filling .............................. HB 863

DOUGLAS JUDICIAL CIRCUIT; Juvenile Court Pilot Project; commend SR 267

DOUGLASVILLE, CITY OF Douglasville-Douglas County Charter Commission; create ..................... HB 990 Douglasville-Douglas County Water and Sewer Authority; right of entry and inspection .......................................................... HB 989

DREW, MRS. MARGARET; compensate ...................... HR 18

DRIVER IMPROVEMENT CLINICS, SCHOOLS Driver Training Schools; two-year licenses; minimum surety bond; application fees.................................................................... HB 824 DUI Alcohol, Drug Use Reduction Programs; operator qualifications; certification .................................................... SB 312 DUI Alcohol or Drug Use Reduction Programs; operators, instructors; criminal record check ................................................... HB 358 Instructors; licensing criteria ............................................... HB 245

DRIVER'S LICENSE (Also See Motor Vehicles and Traffic) Alcoholic Beverages; open containers; possession while driving ................. SB 52 Applications; identifying fingerprint records required .......................... SB 75 Commercial Vehicles; change requirements; disqualifications .................. HB 139 Comprehensive Revisions; errors, omissions, clarify laws ...................... HB 245 Deposited in Lieu of Bail; valid receipts; time period......................... HB 187 Driving While License Suspended or Revoked; increase fines ................... HB 63

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INDEX

2469

DRIVER'S LICENSE (Continued) Habitual Violators; redefine; multiple arrests within certain period ............ SB 276 Issuance; qualifying armed forces veterans.................................. SB 199 Issuance; vision standards; bioptic telescopic correction ........................ SB 81 Merchants Requiring Information to Cash a Check; restrictions ................ SB 11 Motor Vehicle Accident Reports; copying fees ............................... HB 122 Motor Vehicle Accident Reports; disclosure limitations ....................... HB 133 Points Assessment; excessive speeding; roads, speed limits defined............. SB 157 Points Assessment; possessing open alcoholic beverages while driving ........... HB 11 Points Assessment; possession of open container of alcoholic beverage ......... SB 156 Restricted Learner's Permit; 14 Year Olds; assist visually impaired parent or guardian. ........................................................... .HB 247 Stolen Vehicles and License Plates; reporting requirements .................. HB 396 Suspension; controlled substance or marijuana possession; time period ......... SB 290 Suspension; DUI convictions; penalties; habitual violators; pleas ............... SB 274 Suspension; failure to pay fines within imposed time limit .................... SB 278 Suspension; failure to timely pay traffic violation fines ....................... SB 191 Suspension or Revocation; marijuana possession conviction; reinstatement..... HB 123 Suspension; refuse submit chemical test in certain traffic accidents ........... .HB 451 Suspension; 2nd conviction; reinstatement time period ....................... SB 277 Using Coded License ID for Purchase of Firearms; committee to study ........ SR 299 Veterans' Driver's Licenses; qualifications .................................... SB 69
DRIVING UNDER INFLUENCE, DUI Alcohol or Drug Use Risk Reduction Programs; operators, instructors, criminal records check; fees; corrections facilities................................... HB 358 Alcohol or Drug Use Risk Reduction Programs; qualifications; operator certification; fees; school bus driver DUI convictions, punishment............ SB 312 Alcoholic Beverages; open containers; possession while driving ................. SB 52 Blood Alcohol Concentration Level; lower presumptive level .................. SB 113 Blood Alcohol Concentration Level; lower to 0.05 grams ...................... SB 91 Blood Alcohol Concentration Level; lower to 0.10%; presumption.............. SB 275 Blood Alcohol Concentration Level; 0.10 grams presumed drunk................ HB 63 Blood Alcohol Concentration Level; 0.10 grams; presumption; implied consent ................................................................ SB 111 Boats; operating under influence; presumptions; blood alcohol content ......... HB 707 Chemical Tests; refuse submit in serious accidents; license suspension ......... HB 451 Driver's License; suspension periods; habitual violators; plea of nolo contendere; penalties; reinstatement conditions ....................................... SB 274 Driver's License; suspension; 2nd conviction; reinstatement period............. SB 277 Drug or Alcohol Treatment; referral of defendants; fines imposed .............. HB 63 Habitual Violators; forfeiture of vehicle; procedures; judicial sale; proceeds; lienholder defense; family hardship ........................................ HB 66 Habitual Violators; redefine; multiple arrests within certain period ............ SB 276 Intoxicated Persons; detention period prior release on bail................... HB 129 Persons Convicted DUI for Third Time; publication of name, photo ............ HB 63 Persons Convicted Multiple Times; felony penalty ........................... SB 273 Persons Disqualified From Driving a Commercial Motor Vehicle .............. HB 139 School Bus Drivers; DUI convictions; punishment............................ SB 312
DRUG TESTING Candidates for State Office; redefine illegal drugs; qualified labs............... HB 601 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991........... HB 933 Penal Institutions; random periodic unannounced testing of inmates .......... HB 248

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2470

JOURNAL OF THE SENATE

DRUGS AND DRUG ABUSE

Controlled Substance, Marijuana Possession; drivers license suspension ........ SB 290

Controlled Substances; drug listing Schedule III; anabolic steroids ............. HB 179

Controlled Substances or Marijuana Violations; property subject forfeiture;

substantial revisions; seizure; sales; distribution of proceeds .................. HB 72

Controlled Substances; property forfeiture cases; procedures ........... SB 114

Controlled Substances; property forfeiture proceedings; proceeds .... SB 73

Controlled Substances; violations; posting of cash bail bonds .................. SB 232

Drug Abuse; patient care and treatment, voluntary and involuntary ........... HB 889

Drug Dependent Pregnant Females; priority admission, treatment access ... HB 276

Drug or Alcohol Treatment; referral of defendants; fines imposed .............. HB 63

Drug Testing; candidates for state office; redefine illegal drugs; qualified labs . HB 601

Drug Testing; employees in state prisons, hospitals; urge discontinue ........... SR 14

Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 ........... HB 933

Drug Trafficking; cocaine, illegal drugs, marijuana; felony conviction;

mandatory term of imprisonment, no furloughed sentence ..... SB 439

Drug Trafficking; controlled substances or illegal drugs; no pardon, no

parole for persons convicted ............................................. SB 438

Drug Trafficking; prohibit pardon or parole to persons convicted

..... SR 238

Drug Use Risk Reduction Programs; operators, instructors, criminal record

checks; fees; corrections facilities ......................................... HB 358

Drug Use Risk Reduction Programs; qualifications; operator certification ... SB 312

DUI; driver's license suspension; habitual violators; penalties; pleas ............ SB 274

DUI; persons convicted multiple times; punishment .......................... SB 273

Firearms Licensure; ineligible applicants; patients; criminal violators..... SB 45

Juveniles Committing Drug Trafficking; designated felony acts; prosecution;

restrictive custody; confinement; drug treatment ............................ HB 87

Marijuana; offense of trafficking; quantity involved; punishment................ HB 86

Marijuana; unlawful possession conviction; driver's license suspension .......... HB 123

Penal Institutions; inmate random drug tests; GBI investigate abuse........... HB 248

Prescription Drugs; Medicaid patients; prior authorization required ............ SB 234

Property Criminally Derived Illegal Activity; prohibit sell, exchange ........... HB 324

Residential Substance Abuse Treatment Program, C-Step; recognize ........... SR 343

DULANEY, GILBERT G.; commend .................................. SR 156

DULUTH, CITY OF; Mayor and Council; election and terms

....... HB 991

DURABLE POWER OF ATTORNEY FOR HEALTH CARE ACT; Surgical or Medical Treatment; persons authorized give consent....................... SB 143

E
EARLY COUNTY; Property Conveyance; easement to Southern Bell Telephone for underground audio transmission cable .................................... SR 44
EASTERN JUDICIAL CIRCUIT Judges; duties; appoint clerk State Court of Chatham County.................. SB 27 Superior Court; Chatham County; sixth judgeship............................. SB 26
EASTMAN, CITY OF Corporate Limits; extend, increase .......................................... HB 809 Easement for Sanitary Sewer Line........................................... HR 73
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2471

EATONTON, CITY OF Corporate Limits; change .................................................. SB 321 J. P. Marshall By-Pass; designate 441 Highway Around City of Eatonton ....... SR 15
ECHOLS, SENATOR EARL; excused due to death in family .............. Page 678
ECKLES, CHRISTOPHER; 4-H National Champion; commend .............. SR 89
ECONOMIC DEVELOPMENT Airport Development Authority; committee to study additional airports ..... HR 285 Airport Development; committee to study impact of additional airports ........ SR 197 Commission on Future Strategies; create legislative commission .............. SB 50 Regional Development Centers Joint Study Committee ....................... SR 190 Rural Development Assistance; urge state agencies employ citizens ............ SR 214 Rural Economic, Industrial Development in Depressed Areas; study of......... SR 266 Rural Facilities Economic Development Act; enact .......................... HB 488 Southeast Growth and Economic Development Study Committee; create ....... SR 285 Travel and Tourism Industry in Georgia; commend .......................... SR 144
EDGE, SENATOR ARTHUR Excused due to illness................................................... Page 796 Excused to attend a funeral ............................................ Page 1139
EDISON, CITY OF; easement for natrual gas pipeline ........................ HR 73
EDMOND, HOLMAN, JR.; elected Senate Sergeant at Arms ................ Page 17
EDUCATION (Also See Colleges and Universities or Schools or Teachers) Academic Diplomas, Records; falsifying documents; fraudulent use ............ SB 313 AFDC Children; GIERA educational assistance, trust program ................ SB 8 AFDC Recipients; assistance in remedial education and literacy .............. SB 422 AFDC Recipients of Public Assistance; school attendance required .............. SB 7 AFDC Recipients of Public Assistance; school attendance requirement; request federal waiver ................................................... SR 229 Altamaha Technical Institute; easement area for road ......................... SR 94 Alternative Educational Programs Study Committee; creating ................. SR 189 Appropriations; lottery proceeds; budget category; amend Constitution ........... HR 7 At-risk Children and Youth; services; goals; effectiveness measures ........... SB 104 Atlanta Metropolitan College; urge rename King-Abernathy State College ...... SR 107 Bond Elections; capital outlay funds; high school consolidation................ SB 217 Child Support; postsecondary financial assistance to age 21; factors........... SB 380 Children's Code Study Committee; condense laws under single title. ........... SR 273 Code Title 20; errors and omissions corrections; revisions ..................... HB 167 Compulsory School Attendance; maximum age; change to 17; exemptions ...... SB 155 County Boards; chairman; local policy establishing term ...................... SB 396 Department of Technical and Adult; employees; retirement membership ....... SB 148 Department; supplemental appropriations FY 1990-1991 ................. HB 85 Educational Reinvestment Act for Aid to Families with Dependent Children . . . SB 198 Educators; sexual offenses committed by school personnel; reports............. HB 146 Equalized Adjusted School Property Tax Digest; assessment-ratio studies ...... SB 201 Fannin Campus, School for the Deaf; convey property to Cave Springs ......... HB 74 Georgia Education Authority (University); projects; membership. ............. SB 167 Georgia Insurance and Educational Reinvestment Act for Aid to Families with Dependent Children, GIERA; enact.................................... SB 8 Georgia Student Finance Commission, Higher Education Assistance Corporation, and Student Finance Authority; advertisement of programs ................. HB 695 High School General Programs; funding not authorized after certain date ...... SB 411 High School Students; postsecondary options; early enrollment credit....... SB 417
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2472

JOURNAL OF THE SENATE

EDUCATION (Continued) Honor Students; motor vehicle insurance premium discounts .................. HB 145 Income Tax; credit; employer provided basic skills education program ......... HB 263 Independent School Systems; municipal group self-insurance fund for workers' compensation .................................................. HB 343 Independent School Systems; participate interlocal risk management agency for municipalities ................................................ HB 344 Inmates Reading Below 5th Grade Level; required instruction................. HB 244 Libraries; county, regional boards of trustees; members ....................... HB 584 Local Boards; meeting notices; advertisement; publication options ............ HB 403 Local Boards; provide for election; appointment of local school superintendents......................................................... HR 288 Local School Districts, Systems; bond indebtedness; withholding state moneys to pay ................................................................. HB 792 Local School Systems; authorize use special purpose county sales tax .......... SR 159 Local School Systems; calculation of state funds to be allotted ................ SB 141 Local School Systems; contracts; multiyear lease purchases ................... SB 5 Local School Systems; evaluation of; amend various provisions ................. SB 71 Local School Systems; pilot projects; students at risk and dropouts............ HB 744 Medical; hospital authorities; power to grant loans in health care fields ........ SB 281 Mentally Retarded Children Who Are Patients in Licensed Facility; free public instruction .................................................. SB 348 Minority Educator Recruitment, Office of; creation........................... SB 433 Noncertificated School Personnel Study Committee; create .................... SR 54 Nonpublic Postsecondary Educational Institutions Act of 1990; amend ........ HB 317 Nonpublic Postsecondary Institutions Act; exemption; ministerial, religious training....................................................... SB 407 Nonpublic Postsecondary Institutions Act; medical school exemption ......... HB 582 Nonpublic Postsecondary Institutions; application fees ..................... HB 318 Nonpublic Postsecondary Institutions; student claims; tuition guaranty trust fund; fees ......................................................... HB 319 Office of Commissioner; creation; amend Constitution ........................ SR 150 Postsecondary; admission, graduation requirements; modify for disabled students ............................................................... SB 193 Postsecondary; options for high school students; early enrollment.............. SB 417 Postsecondary; parents' obligation for financial child support ................ SB 360 Postsecondary Technical and Adult Education Finance Study Commission . ... SR 250 Postsecondary Vocational Education Laboratory, Equipment and Library Research Needs Study Committee ......................................... SR 29 Prescribed Courses; sex education; pregnancy, AIDS prevention method....... SB 330 Public Schools; teachers, employees; health insurance plan.................... SB 190 QBE Formula; modify program weights; instructional costs; local fair share funds; media centers; capital outlay funds; teacher benefits ................. SB 217 QBE; funds allotted local systems; calculation; minimum annual increase....... SB 141 Remedial Instruction Programs; expand services certain grade levels ........... SB 32 Remedial Program Services; expand eligibility ............................... SB 71 School Bus Drivers; monthly salary longevity increases ....................... HB 557 School Buses; requirements to stop at railroad corssing....................... HB 791 School Buses; use to transport senior citizens; study of ...................... SR 294 School Facility Construction Projects; creating the Joint Capital Outlay Study Committee ........................................................... HR 441 School Finance Study Committee; create ............................. SR 173 School Personnel Certification; transfer functions to Professional Standards Commission from Department of Education ............................... HB 589
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INDEX

2473

EDUCATION (Continued) School Property Tax Digest; revise ad valorem tax on timber land; local fair share funds, amount attributable harvest taxes on timber................... HB 283 Sex Education; curriculum; abstinence to prevent pregnancy, disease .......... SB 330 Smoking or Tobacco Use by Students Prohibited School Property or Bus ...... HB 275 Special 1% County Sales Tax; amend Constitution to authorize ................ SR 65 State Board; duties; urge increase student awareness of right to vote .......... HR 297 State Board; supervise funds necessary for Department of Education ..... SB 71 State School Superintendent; election by plurality of votes cast; amend Constitution ............................................................ SR 169 Strategic Planning, Office of; create; local and regional plans .................. SB 418 Student Assessment, Testing; instruments, procedures, policies .............. SB 328 Student Awareness of Right to Vote; urge implement ........................ HR 297 Student Tutors Often Prevent Dropout (STOP) Program .................. SB 216 Students at Risk and Dropouts; alternative programs; pilot projects ........... HB 744 Students at Risk and Dropouts; local pilot programs to address needs ....... SB 71 Students at Risk and Dropouts; study of alternative program needs ......... SR 189 Teacher Preparation Programs; requirements; subject area course work ........ SB 233 Teachers Accumulated Sick Leave Joint Study Committee.................... SR 149 Teachers; Alternative Teacher Certification Joint Study Committee............. SR 59 Teachers and Other Personnel Transferring Unused Leave Time ............. SB 217 Teachers; duty-free daily lunch period ...................................... HB 373 Teachers; duty-free lunch periods in grades K-5 .............................. SB 71 Teachers; early retirement; 30 years of service basis .......................... SB 108 Teachers; Georgia Teacher of the Year; increase in state salary ............. SB 71 Teachers; Georgia Teacher of the Year; increase in state salary ............... SB 412 Teachers, Principals, Other Ceritficated Personnel; employment; procedures; fingerprint and criminal records check .................................... SB 425 Teachers Retirement; accumulated contributions, transfer to other plan ......... HB 78 Teachers Retirement; alternative service allowance at 55 years of age .......... SB 249 Teachers Retirement; creditable service; certain graduate study ............... SB 121 Teachers Retirement; creditable service; private school teaching ............... SB 266 Teachers Retirement; creditable service; withdrawn contributions; reestablishment....................................................... HB 346 Teachers Retirement; eligibility; less than 30 years service .................... SB 92 Teachers Retirement; ordered military duty; employer contributions ........... HB 656 Teachers; sick leave; state funded and local funded leave days; maximum contribution to banks or pools ........................................... HB 793 Technical and Adult; commission to study financing, funding criteria .......... SR 205 Technical and Adult Education Department; employee contributions .......... SB 180 Technical and Adult Education, State Board; reduction in force policy for state technical institutes ................................................. HB 320 Technical and Adult; supplemental appropriations; FY 1990-1991 ............ HB 85 Textbooks; lost or damaged; sanctions against pupils; local policies .......... HB 727 University of Tennessee at Chattanooga; urge permit certain residents attend without out-of-state fee payment .................................. HR 131 University System; lab, equipment, rehabilitation technology, eminent scholars endowment study committee ...................................... SR 30 University System; operation of Atlanta Area Technical School ............... SR 177 University System; provide new full-tuition scholarship program ............... SB 31 University System; provide new full-tuition scholarship program ............... SB 37 Unviersity System; urge invstigate ways address needs of at-risk families....... SR 330
EDUCATION COMMITTEE; Governor's Appointments; report ........... Page 2338
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2474

JOURNAL OF THE SENATE

EFFINGHAM COUNTY; State Court; judge, solicitor; change salary .......... HB 536
EGAN, SENATOR MIKE; excused to attend a funeral.................... Page 1319
EGG PRODUCTS; poultry producers, handlers, sellers; food standards; licensure ................................................................. SB 126
ELBERT COUNTY; Purple Martin Capital of Georgia; proclaim .............. SR 123
ELDERLY Aging, Georgia Council on; commend ....................................... SR 344 Bingo Games Operated for Patients; exception to licensing requirement....... SB 120 Housing; equity mortgages; State Office of Housing ......................... SB 95 Insurance; senior citizens assistance officer; urge designation ................... SR 57 Long-term Care Facilities; patient abuse; confidentiality of reports ............ SB 212 Long-term Care Facilities; payments made behalf of residents; security ........ SB 186 Motor Vehicle Insurance; AARP-sponsored defensive driving course; premium discounts.............................................................. HB 145 Nursing Homes; facilities cited for violations; alternative to closure ............ SB 211 Nursing Homes; violations; notices of cited deficiency; distribution ............ SB 213 Older and Handicapped Georgians' Transportation Task Force; create ......... SR 294 Personal Care Homes; directors, employees; licensure; contested cases.......... HB 389 Volunteer Transportation for Senior Citizens; liability immunity .............. HB 555
ELECTED OFFICIALS (See Elections or Public Officers and Employees)
ELECTIONS (Also See Ethics in Government) Agriculture Commissioner; appointment by Governor; amend Constitution. ... ,HR 332 Campaign Contribution Disclosure Reports; filing; unopposed candidates ....... HB 196 Campaign Contributions; limitations; candidates for public office ............... SB 4 Campaign Contributions; limitations; candidates for public office ............... SB 18 Campaign Literature, Materials; regulation of; misleading endorsers ............ SB 22 Campaigns; limitations on expenditures; violations; penalty .................. SB 239 Candidates for State Office; testing for illegal drugs defined; qualified laboratories; pauper's reimbursement ..................................... HB 601 Candidates Nominated by Political Bodies; qualifying petitions ................ SB 25 Candidates; notice of candidacy in municipal elections; filing................ HB 204 Candidates Receiving Plurality of Votes Cast; nomination or election .......... SB 306 Candidates; write-in; notice of candidacy; designate specific office ............. HB 201 Code Title 21; correct errors, omissions, typos ................................ HB 68 Contributions; political action committees; disclosure requirements ............. SB 20 Coroners; qualifications; change age.......................................... SB 33 Counties; board of tax assessors; by local Act................................. SB 44 Counties of Less Than 11,725; repeal Board of Elections; Lee County.......... HB 532 Counties; special; to fill vacancy in tax commissioner office ................... HB 209 District Attorneys, State Court Solicitors; ordered military duty; reelection, qualifying procedures.................................................... SB 112 Education; appointment of local school superintendents by elected local boards; amend Constitution .............................................. HR 288 Education, Office of Commissioner; replace State School Superintendent; amend Constitution ..................................................... SR 150 General Assembly; members; 12-year term limitation .......................... SR 11 Governor; elect and serve one six-year term of office .......................... SR 16 Handicapped Electors; voting booths, paper ballots; privacy.................... HB 14 Insurance Commissioner; appointment by Governor; amend Constitution ....... HR 332 Labor Commissioner; appointment by Governor; amend Constitution ......... .HR 332 Municipal; notice of candidacy; filing time period ........................... HB 204 Municipal; special election dates; exception.................................. HB 195
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INDEX

2475

ELECTIONS (Continued) Plurality Elections and Nominations; delete majoirty vote requirements........ SB 306 Plurality of Votes Cast; offices of Secretary of State, Attorney General, State School Superintendent, Commissioners of Insurance, Agriculture, Labor.................................................................. SR 169 Polling Places; equipment; proposed constitutional amendment summary....... HB 670 Probate Court Judges; nonpartisan primaries and elections; procedures ........ SB 62 Public Service Commission; future members; appointment by Governor ........ HR 332 Reapportionment; legislative, congressional redistricting; procedures; census geography; public information ..................................... SB 137 Reapportionment; legislative, congressional redistricting; procedures; public hearings ......................................................... SB 135 Reapportionment; materials used redistricting purposes; public access.......... SB 136 Reapportionment; population criteria, specifications, boundaries; judicial review .......................................................... SB 138 Recall Act of 1989; revisions; grounds; legal sufficiency; hearings............... SB 382 Referendums on Taxation Questions; time period for date of election ......... HB 198 Referendums to Appove Indebtedness; county, municipal contracts .............. SB 6 Referendums to Approve Indebtedness; local school contracts ................... SB 5 Special; uniform dates; exceptions .......................................... HB 195 State Board; contested primaries, elections, or recall petitions; judicial review; selection of presiding judge; procedures .................................... HB 67 State Employees; political activites .......................................... SB 23 Student Awareness of Right to Vote; urge State Board implement............. HR 297 Superior Court Judges; appointment by Governor; repeal elections ............ SB 263 Superior Court Judges; comprehensive revision of election method............. SB 264 Superior Court Judges; Governor appoint for 4 year term; amend Constitution............................................................ SR 170 Superior Court Judges; single-member districts; terms; residency .............. SB 262 Superior Court Judges; term of office; adjust so all elected same time.......... SR 171 Voter Registration; applicant criminal history record; dissemination ........... HB 207

ELECTRIC COMPANIES; Public Utilities; limit alien, foreign ownership of any voting stock ........................................................ HB 12

ELECTRICITY; student ensemble, song presentation ....................... Page 644

ELECTROLYSIS; practice of hair removal; regulate; provide for certification ............................................................ SB 409

ELEVATORS, ESCALATORS; operating permit inspections; time period; fees...........................................................HB 439

ELLIOTT, PAUL WILLIAM OF COFFEE COUNTY; honoring

SR 194

EMERGENCY DISASTER MANAGEMENT Emergency Management Rescue Specialist; indemnification ................... HB 238 Local Offices; employment of director; entitlement relief assistance funds. ...... HB 241 State Militia; orders for state active duty; purposes; conditions................ SB 282

EMERGENCY MEDICAL SERVICES Ambulance Services; valid license requirements; misuse of term ................. HB 5 Emergency Management Rescue Specialist; indemnification ................... HB 238 Emergency Vehicles; restricted use of flashing green lights .................. SB 324 EMS Technicians, Paramedics; recertification standards ...................... SB 365 Licensed Emergency Vehicles; intravenous fluids regulations ................. SB 284 Paramedics, Cardiac Technicians; recertification; advance cardiac life support. .. .HB 5 Workers' Compensation; covered employees; volunteer members or workers.... HB 291

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2476

JOURNAL OF THE SENATE

EMERGENCY TELEPHONE 911 SYSTEMS Local Offices of Emergency Management; connections to system............... HB 241 Public Safety Answering Point; advance billing of subscribers ................. SB 289 Telephones; public pay phone; free emergency calls .......................... SB 206
EMINENT DOMAIN; condemnation procedures; interlocutory hearings; appraiser testimony .................................................... SB 88
EMPLOYEE HEALTH BENEFIT PLAN, STATE Contracted Employees of Nonprofit Mental Retardation Service Centers ....... SB 444 Definition; contracting providers; services; agreed upon fees ................... SB 190 Retired Employees; health care benefits; prefunding future costs .............. HB 296
EMPLOYEES' RETIREMENT SYSTEM Board of Directors; remove Insurance Commissioner; add DOAS Fiscal Director................................................................. HB 42 Correctional Officers; service retirement allowance at age 55 .................. SB 187 Creditable Service; age 55 with 10 years; Department of Corrections ........... SB 245 Creditable Service; forfeited leave; conditions................................ SB 340 Creditable Service; Judicial Council of Georgia employees .................... SB 445 Creditable Service; legislative part-time service prior full-time employment..... SB 447 Creditable Service; out-of-state teaching service.............................. SB 109 Members Drafted Armed Forces; employer contributions to pension accumulation fund ....................................................... HB 40 Members Electing to Transfer Teachers Retirement System; definition......... SB 148 Retirees; predeceased spouse; new spouse designated beneficiary............... SB 166
EMPLOYMENT County and Municipal Employment Practices Study Committee; creation ...... SR 246 Discriminatory Practices Based on Use of Tobacco Products .................. SB 251 Discriminatory Practices; refusal to hire or penalize for lawful activities during nonworking hours ....................................................... SB 256 Employment Security Law; revisions to unemployment compensation .......... HB 303 Income Tax Withheld Employee Wages; filing employer returns, payments ..... HB 413 Injured Employees; recovery of damages from person other than employer ..... SB 363 Minorities; create office of minority educator recruitment..................... SB 433 Teachers, Principals, Other Certificated Personnel; criminal records check...... SB 425
EMPLOYMENT SECURITY LAW (Also See Labor and Industrial Relations) Comprehensive Revision; redesignate, relocate provisions; unemployment compensation; define employing units, contributions due on wages paid ...... HB 303 Federal Unemployment Trust Fund; supplemental funds; Department of Labor................................................................... HB 84
ENERGY; dependence on foreign sources; urge national strategy to reduce ...... SR 152
ENGINEERS AND LAND SURVEYORS Engineers and Surveyors; professional certification; define terms; regulate; qualifications; use of seal; change OCGA references ........................ HB 143 Theft; conversion of payments for property improvements; evidence .......... SB 132
ENGLISH, BETTY; commend ......................................... SR 255
ENGLISH, SENATOR BILL; excused due to death in family ............. Page 254
ENVIRONMENTAL PROTECTION (Also See Natural Resources or Hazardous Materials) Air Pollution Control; pollutant emissions' sources; permits; fees ............... HB 709 Biomedical Waste Thermal Treatment Facilities; permit limitations ........... SB 268 Division; director; appointment and removal................................. HB 274
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INDEX

2477

ENVIRONMENTAL PROTECTION (Continued) Division; director; appointment and removal; salary .......................... SB 102 Division; director; appointment subject to Governor approval .................. SB 40 Division; director; qualifications; appointment; Governor's approval ............. SB 30 Environmental Advisory Council; create; composition; duties .................. SB 102 Environmental Advisory Council; creation; appointment; terms; duties ......... HB 274 Environmental Facilities Authority; at large members; qualifications ......... SB 96 Environmental Policy Act; enact ............................................ SB 97 Georgia Council on Environmental Quality; urge creation; review standards .... HR 101 Hazardous Chemicals; federal regulated, labeled; applicability to state employees occupational exposure; amend, delete certain provisions........... HB 217 Hazardous Waste Management Act; change certain definitions ................ HB 652 Hazardous Waste Management; source reduction; state policy priority .......... SB 94 Mountains, River Corridors, Wetlands; protection; standards, procedures ....... HB 643 Natural Resources Department; volunteer services program established ....... SB 272 Recycled Paper Products; state purchasing requirements....................... HB 36 Recycled Paper Products; urging Senate offices to purchase .................... SR 66 River Corridors; comprehensive assessment; urge state, federal agencies ....... HR 110 Solid Waste; disposal facilities; active CERCLIS sites; permit suspension..... SB 242 Solid Waste Handling Facilities; permit modifications; limits; hearings ......... HB 182 Solid Waste Management; landfills; additional disposal restrictions ........ SB 240 Toxic Pollutants; oil, hazardous substance spills or releases; reporting.......... SB 142 Underground Storage Tank Trust Fund; environmental assurance fees ......... SB 385 Water Pollutants; phosphorus discharge limitation; Chattahoochee River ....... SB 381 Water Pollution Control; CSOs sewage discharge; plans to eliminate ........... SB 196 Water Pollution Control; oil spills; responders; costs; facility permits .......... SB 179 Water Pollution; violations; orders of abatement; procedures .................. HB 648 Water Resources Conservation Management Study Committee ............... .HR 348 Water Supply; southeastern region; committee to study allocation ............. SR 153 Wetlands Conservation Study Committee; creation ............................ HR 19
EPPS, KAY; sell and convey certain land tract of Georgia War Veterans Cemetery ................................................. SR 106
EROSION AND SEDIMENTATION ACT OF 1975; Land-disturbing Activities; protection of mountains, river corridors ........................... HB 643
ESCAPEES; Use of Deadly Force by Peace Officers to Prevent or Apprehend HB 186
ESTATES (Also See Wills, Trusts, and Administration of Estates) Georgia Trust Act; enact; comprehensive revision ............................ HB 794 Guardianships; limited or permanent duration; procedures to establish ......... HB 417 Inheritance; child born out of wedlock; paternal kinship; evidence ............. HB 251 Probate Court Costs for Specific Services; increase charges ................... HB 537 Wills; granting letters of administration; changes, clarifications ................. SB 41 Year's Support; entitlement for additional year; criteria ...................... HB 540
ETHICS IN GOVERNMENT (Also See Elections) Campaign Contribution Disclosure Reports; unopposed candidates............. HB 196 Campaign Contributions; limitations; candidates for public office ................ SB 4 Campaign Contributions; limitations; candidates for public office ........... SB 18 Campaign Contributions; political action committees; disclosure ........... SB 20 Campaign Literature, Materials; regulation of; misleading endorsers ............ SB 22 Campaigns; limitations on expenditures; violations; penalty ................... SB 239 Zoning Actions; conflict of interest disqualifying local officials ................. SB 67
EVANS MIDDLE SCHOOL IN COLUMBIA COUNTY, STUDENTS, FACULTY; commend .................................................... SR 263
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2478

JOURNAL OF THE SENATE

EVIDENCE Admissibility of Nonerasable Optical Image Reproductions; microfilm.......... HB 492 Admissible; closed circuit TV testimony of child victims ....................... SB 29 Admissible; closed circuit TV testimony of child victims ..................... SB 70 Admissible; drug identification by a GBI written scientific report............... SB 59 Child Victims of Sex Offenses; closed circuit TV testimony ................... SB 178 Code Title 24; errors and omissions corrections; revisions ..................... HB 167 Property Which is Subject of a Crime; disposition or return .................. HB 531 Rules of; new Title 24, extensive revision; discovery; applicable proceedings ..... SB 51 Witnesses; continuances for absence of witness residing outside state .......... HB 461 Witnesses; state law enforcement officers; payment of fees .................... HB 455
EXAMINING BOARDS, STATE (Also See Professions and Businesses) Athletic Trainers, Georgia Board of; members residency; definitions ........ HB 437 Dental Hygienists Licensing Study Committee; create ........................ SR 277 Documents Required; filing date upon receipt or mail postmark ............... HB 118 Electrolysis, Practice of; regulation of; create advisory board .................. SB 409 Georgia Board of Dentistry; duties; notice to dentists ......................... HB 26 License Hearings; prehearing review of investigative files ..................... HB 329 Physician's Assistants, Regulation of, Study Committee ...................... SR 232 Psychology, Practice of; change licensing requirements ....................... SB 338 Recreation; board composition; duties; certified therapeutic personnel ......... SB 107 State Structural Pest Control Commission; research fees on licenses .......... SB 416 Taxidermy, State Board of Examiners; creation of ........................... SB 333 Water and Wastewater Treatment Plant Operators, Laboratory Analysts; membership; extend to 1997 ............................................. HB 558
EXPLOSIVES, BLASTING STANDARDS ACT; explosive devices; criminal possession of bombs, grenades; penalties ............................ HB 271

FAIR BUSINESS PRACTICES (Also See Commerce and Trade or Selling) Merchants; check transactions requiring ID's; violations ....................... SB 11 Merchants; credit card, check transactions; violations. ......................... SB 39 Telephone Service Carriers; per call charges; cease, desist orders .............. HB 350
FAIRBURN, CITY OF; ad valorem taxes; homestead exemption .............. HB 316
FAIRMONT, CITY OF; mayor, repeal veto power; municipal court, jurisdiction .......................................................... HB 686
FAMILY AND CHILDREN'S SERVICES, DFACS (See Human Resources)
FAMILY VIOLENCE (Also See Domestic Relations or Social Services) Acts of Violence; arrest for probable cause; enforcement officer duties ......... HB 298 Bail Procedures in Cases Involving Bodily Injury; conditions for bail .......... HB 448 Domestic Violence, Commission on; create ................................ SR 286 Investigations; basis of arrest decisions; written reports; contents .............. HB 449
FANNIN COUNTY; Property Conveyance; easement to Blue Ridge Telephone Company ....................................................... HR 80
FARMS AND FARMERS (Also See Agriculture) Agricultural Commodity Commission for Peanuts; membership; qualifying...... HB 660 Agricultural Operations, Farm Products, Growing Crops; defined .............. SB 311 Certified Public Weighers; repeal surety bonds requirements .................. HB 256
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INDEX

2479

FARMS AND FARMERS (Continued) Cotton Growers; boll weevil eradication; assessment; liens; penalties ........... HB 475 Dairy Products Purchased from Producers; bond requirements; exception ...... HB 844 Equine Activities; limit liability of professionals; exceptions ................... HB 292 Farm Tractors; Farm Equipment Warranty Act enacted ...................... HB 175 Farm Winery Tasting Facilities; wine sales on Sundays ....................... SB 389 Horses; equine activities; injury risks; liability; immunity; exceptions........... SB 287 Livestock; disease control; bovine diseases, swine mycobacteriosis; issuance of injunctions; procedures................................................ HB 174
FAYETTE COUNTY; Transfer from Mclntosh Trail Regional Development Center to Atlanta Regional Commission; ratified and approved ................. HR 15
FEDERAL GOVERNMENT (Also See Congress, U.S.) Flipper, Henry Ossian, Commemorative Postage Stamp; urge issuance ......... SR 201 Fuel Tax Credits; urge extend, alternative domestic energy resource ......... SR 105 Georgia Public Revenue Code; terms; incorporate federal provision ............ HB 335 Juvenile Justice Delinquency and Prevention Grants; recipient entities....... SB 370 Petition for Constitutional Convention; proposing sanctions for certain disrespectful acts involving the U.S. flag .................................. SR 151 Petition for Constitutional Convention; proposing sanctions for certain disrespectful acts to U.S. or state flags .................................... HR 105 Petroleum Resource Exploration on Alaska's North Slope; urge support......... SR 95 Requesting Federal Waiver to Require AFDC Children Attend School ....... SR 229 Surface Transportation Assistance Act; funds for bike, hiking trails............ SR 19 Urge Comprehensive Assessment of River Corridors by Interior Department and National Park Service Assistance ..................................... HR 110 Urge Enactment of Comprehensive National Energy Strategy ................ SR 152 Urge FCC Regulate Telephone ADAD Equipment and Long Distance Calls . . SR 168 Urge Passage Federal Surface Transportation Reauthorization Act. ............. SR 98 Wetlands; management, costs under Clean Water Act; committee to study ...... HR 19
FERRETS; pets; wild animal permit requirements ........................... SB 374
FHA/HERO FUTURE HOMEMAKERS OF AMERICA; Home Economics Occupations; commend ..................................................... SR 36
FIDDLERS, OFFICIAL STATE CONVENTION; Georgia Mountain Fair. . .HR 233
FINANCIAL INSTITUTIONS (See Banking and Finance)
FINDLEY, HARVEY D.; expressing appreciation to ......................... SR 338
FINES AND FORFEITURES Committee to Study Feasibility of Adopting State Uniform Fine Schedule . HR 347 Juveniles; serious traffic offenses; reporting procedures; sanctions .............. HB 785
FINSTER, HOWARD; artist, introduced .................................. Page 186
FINSTER, HOWARD, THE REVEREND; commend ...................... .HR 121
FIRE PROTECTION AND SAFETY Arson; alleged; offense bailable only before superior court. .................... SB 388 Explosive Devices; criminal possession; penalties ............................. HB 271 Fire Hydrants; pavement markers; restricted use............................. HB 526 Fire Sprinkler System Required in Nursing Homes; Medicaid providers ........ SB 182 Fire Sprinklers or Water-Spray Systems; pipe installers; valid licenses ......... HB 272 Fire Suppression Systems or Fire Extinguisher Businesses; rules and regulation; licensure; permits; violations; penalties.......................... HB 434 Firefighters' Bill of Rights; allegations; rights under interrogation ............. SB 296
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2482

JOURNAL OF THE SENATE

FULTON COUNTY (Continued) Contracts; purchasing procedures; resolution or ordinance; sealed bid .......... HB 826 J. Carrell Larmore Probation Detention Center; designate .................... HR 155 Legal Defense of Indigent Persons; bail bond fees to supplement.............. SB 227 Motor Vehicle Registration; staggered periods ............................... HB 649 Office of Sheriff; revise obsolete provisions .................................. HB 542 Project Financing Community Improvement Districts Act; enact .............. SB 435 Property Conveyance; exchange tracts; Georgia Dome Project site .............. SR 68 Property Conveyance; WCC property exchange and easement to Georgia Power Company ........................................................ SR 67 Property Development Near Residential Lake; prior permit required.......... HB 1065 Residential Rodent Control; free to certain residents ......................... SB 225 Sales of Copper Wiring Prohibited Without Certain Clearance ............... SB 237 School District Ad Valorem Taxes; homestead exemption; elderly and disabled persons; referendum ..........................................;. HB 730 South Fulton County Residents; commend support for Olympic sites .......... SR 261 South Fulton Tennis Center; endorse 1996 Olympic Competitions ............. SR 139 Superior Court; Atlanta Judicial Circuit; additional judgeship ................. HB 516 Superior Court; clerks; fees; domestic civil cases ............................. SB 317 Superior Court; clerks; fees; 1990 population classification .................... SB 318 Superior Court; clerks, revise fees for services ............................... SB 316 Wolf Creek Skeet and Trap Club and Cochran Mill Park; endorse Olympic event site .............................................................. SR 217
FUNERALS AND FUNERAL ESTABLISHMENTS Construction on Property Dedicated for Cemetery Use ....................... SB 236 Directors and Embalmers; apprenticeships; modify registration provisions .... HB 576

G
GAMBLING Cockfighting, Offense of; felony penalty; definition .......................... SB 219 Crane Game Machines, Devices; exception to gambling prohibitions .......... HB 281 Cruise Vessels on Coastal Waters; permit gambling, gambling devices ............ SB 2 Gambling on Cruise Vessels; authorize; amend Constitution .................... SR 17 Lottery; amend Constitution to allow a State Lottery .......................... SR 7 Lottery Operated by State; provide; separate budget category; prohibit parimutuel betting, casinos; amend Constitution ............................. HR 7
GAME AND FISH (Also See Natural Resources) Code Title 27; errors and omissions corrections; revision..................... HB 167 Commercial Fishing; fishing with power-drawn nets; violations; penalty; unlawful shrimping ..................................................... HB 746 Fishing; salt-water fishing; repeal nonresident license requirements ............ SB 374 Fishing; Sapelo Island Channel; designate K. T. Kennedy Reef................HR 500 Hunting; deer; archery season; use of crossbows.............................. SB 427 Hunting, Fishing Areas; timber sales from state owned land to fund .......... SB 271 Hunting, Fishing Licensed Bonded Agents; self-insurance; survey labels ........ HB 708 Hunting; unlawful kill deer at night; property seizure; retention ............... HB 811 Natural Resources Department; volunteer services program established ........ SB 272 Shellfish; comprehensive regulation of; pickers, sellers, harvesting and taking; inspection; permits; tagging and shipment; lease of beds .................... HB 323 Taxidermists; licensing requirements; create state examining board .......... SB 333
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INDEX

2483

GAME AND FISH (Continued) Wild Game and Fish Cookoff and Exposition of Stewart County; designate as the official Georgia event ................................................ SR 264
GARBAGE (See Waste Management or Landfills)
GARDEN CITY; mayor, council; elections; time; terms; oath; organizational meeting .................................................................. HB 549
GARDEN CLUB OF ATHENS; ladies introduced.................... Pages 888, 931
GARNER, SENATOR WAYNE; excused due to illness ............... Pages 678, 737
GARNISHMENT; persons indebted to delinquent taxpayers; procedures ...... HB 333
GAS UTILITIES Public Utilities; limit alien, foreign ownership of any voting stock .............. HB 12 Rate-making Proceedings; accounting methods; cost of service data ............ HB 514
GASOLINE AND PETROLEUM PRODUCTS Fuel Tax Credits; urge extend federal credit for alternate fuels. ............... SR 105 Gas Utilities; rate-making proceedings; filing cost of service data .............. HB 514 Gasoline Marketing; motor fuel pricing issues; committee to study............. SR 161 Municipal Gas Pipeline or Distribution Systems; acquisition; certificates; factors, purchase price; rate base ......................................... SB 202 Oil and Gas Resource Exploration in Alaska; urge Congress support ............ SR 95 Oil Discharges or Spills; removal costs; responders; facility permits ............ SB 179 Oil or Hazardous Substance Spills or Releases; reporting; definitions........... SB 142 Products Containing Alcohol; labeling of pump dispensers .................... SB 140 Underground Storage Tank Trust Fund; environmental assurance fees ......... SB 385 Urge National Energy Strategy to Reduce Foreign Source Dependence ......... SR 152
GAY, TOWN OF; city council, quorum; mayor pro tempore, appointment....... HB 667
GENERAL ASSEMBLY Adjournment; January 18 to January 28 ...................................... SR 5 Adjournment; February 8 to February 11 ................................... HR 229 Adjournment; February 15 to February 18 .................................. HR 299 Adjournment; February 22 to February 25 .................................. HR 368 Adjournment; March 1 to March 5 .................................... SR 247 Adjournment; March 8 to March 11 ................................. HR 472 Adjournment; March 13 to March 15 .................................... SR 319 Adjournment; March 13 to March 15; adjourn sine die at 4 PM............... SR 317 Adjournment; sine die, 7:02 PM, March 15, 1991. ............................ SR 341 Attorneys Serving on Staff; grounds for continuance of a trial................. SB 310 Aviation Hall of Fame Joint Legislative Overview Committee; creation......... HB 140 Children and Youth Legislative Overview Committee; creation ............... SB 105 Clerk of House and Secretary of Senate; succession to office .................. HB 173 Compensation Resolutions; introduction in Senate; change process.............. SB 16 Fiscal Affairs Subcommittees of House and Senate; negotiate licensing agreements for use of Olympic logo for commemorative license plates ................................................ HB 261 Former Members; issuance of personal identification cards .................... SB 220 Georgia Register Act; enact; publication of certain actions .................... SB 379 Joint Legislative Commission on Future Strategies; creation ................... SB 50 Joint Legislative Overview Committee on State Government; create ........... SR 24 Joint Session; budget message from Governor; January 18 ...................... HR 8 Joint Session; inauguration of Governor and Lt. Governor, January 14 ........... HR 4 Joint Session; invite Supreme Court Justices and Appellate Judges .............. HR 6
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2484

JOURNAL OF THE SENATE

GENERAL ASSEMBLY (Continued)

Joint Session; message from Chief Justice Supreme Court; February 4 ........... HR 9

Joint Session; message from Governor; January 18; change time of day ....... HR 81

Joint Session; state of state message from Governor; January 16 ................ HR 5

Joint Session; to recognize organizers of Olympic Games of 1996 ............. SR 6

Legislative Redistricting; composition; procedures; public hearings on plans .... SB 135

Legislative Redistricting; plans, materials; public access ...................... SB 136

Legislative Redistricting; plans; requirements; public access ........... SB 137

Legislative Redistricting; population criteria, specifications, boundaries;

judicial review ......................................... SB 138

Legislative Redistricting; procedures; plans; public hearings, records access;

population criteria; census data; judicial review ............................ SB 139

Legislative Services Committee; composition; committee name change. ......... SB 189

Lobbyists; register agents of state departments, agencies, boards ............... SB 55

Lobbyists; registration of persons representing state agencies.................. HB 268

Local Constitutional Amendments; Acts repealing; condition for effectiveness;

majority vote by local voters required...................................... HR 16

Members; claims for expense reimbursement; documentation ................... SB 54

Members; limited to twelve years in office.................................... SR 11

Members; oath of office; state court judges administer ........................ HB 427

Notice of Intention to Introduce Local Bills; advertisement affidavit ........... SB 174

Notice of Intention to Introduce Local Bills; author's affidavit ................ HB 428

Notify Governor; General Assembly convened ................................. SR 4

Part-time Service Legislative Branch; retirement service credit

.......... SB 447

Retirement Bills; fiscal precertification; condition to introduction ............... HB 33

Revenue Bills; introduction in either house of General Assembly

......... SR 13

Rules of the Senate; adopt for 1991 Session ................................. SR 1

Senate Convened; notify House, January 14, 1991 .................. SR 2

Senate: Fiscal Affairs Subcommittee; selection of members..................... SB 49

Senate; officials, employees, committees ....................................... SR 3

State Officials Annual Reports to Members; revise method.................... SB 176

GENERAL ELECTRIC COMPANY OF ROME, GEORGIA; recognize

SR 242

GEOLOGISTS; Registration; qualifications; supervision; specialty certification . . . SB 188

GEORGIA AIRPORT DEVELOPMENT AUTHORITY; committee to study .................................................................... SR 197

GEORGIA ASSOCIATION OF BLACK STATE COLLEGES; commend SR 120

GEORGIA BASIC HEALTH INSURANCE PLAN; development of model plan; coverage for persons poverty level income .............................. HB 642

GEORGIA BOARD OF ATHLETIC TRAINERS; members; residency requirements ............................................................. HB 437

GEORGIA BUILDING AUTHORITY (See Building Authority, Georgia)

GEORGIA BUREAU OF INVESTIGATION, GBI Administration by new Department of Public Safety ................. SB 74 Director; membership; Advisory Council Courts Automation Commission ....... HB 215 Drugs and Narcotics Agency; property, assets subject to seizure ................ HB 72 Penal Institutions; evidence of drug abuse; investigation; findings.............. HB 248 Powers; investigation of local law enforcement officers, agencies ............ SB 38 Reports; admissible evidence; drug test results; exception ...................... SB 59 Witness Fees for Law Enforcement Officers ................................. HB 455

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INDEX

2485

GEORGIA CHILD CARE COUNCIL; creation; composition; duties; direction; federal block grant funds ......................................... HB 399

GEORGIA CODE (See Code of Georgia)

GEORGIA COMMISSION ON WOMEN; creation

HB 654

GEORGIA COMPUTER SYSTEMS PROTECTION ACT; reenact

HB 822

GEORGIA COUNTY GOVERNMENT WEEK; designate in April ........... SR 174

GEORGIA COURTS AUTOMATION COMMISSION; creation

HB 215

GEORGIA FUND FOR TECHNICAL AND ADULT EDUCATION INC.; employee charitable contributions ................................... SB 180

GEORGIA HOUSING AND FINANCE AUTHORITY ACT; enact

SB 95

GEORGIA INSTITUTE OF TECHNOLOGY; National Championship Football Team, Coach Bobby Ross and Athletic Director, Dr. Homer Rice; commend ................................................................. SR 97

GEORGIA INSURANCE AND EDUCATIONAL REINVESTMENT ACT FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, GIERA;
enact ...................................................................... SB 8

GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT; insurance reform; extensive revision ..................................

SB 110

GEORGIA MUSIC FESTIVAL; Music Industry Committee and Citizens' Advisory Council .......................................................... SR 43

GEORGIA NONPROFIT CORPORATION CODE; comprehensive revision; reenact .................................................................. HB 226

GEORGIA POWER COMPANY Hammond Generating Plant; recognize...................................... SR 243 Property Conveyance and Exchange; Fulton County; easement for electric power line............................................................... SR 67 Property Conveyance; easements for utility lines; various locations ........... .HR 160

GEORGIA PROMPT PAYMENT ACT; enact

HB 450

GEORGIA RAILROAD DEPOT; designate Steve Polk Plaza; erect market . HR 162

GEORGIA RECREATION PARK ASSOCIATION; commend

SR 108

GEORGIA REGISTER ACT AND PUBLICATION OF THE GEORGIA REGISTER; enact ................................................... SB 379

GEORGIA SOUTHERN UNIVERSITY Football Team and Coach Stowers; introduced; remarks .................... Page 327 Tim Stowers Head Coach; commend........................................ SR 109 1990 NCAA Division 1-AA National Champion Football Team; commend ...... SR 110

GEORGIA STATE GAMES COMMISSION; additional members; powers; site selections; contracts; reports ........................................... HB 804

GEORGIA STATE UNIVERSITY; basketball team; Trans America Athletic Conference Championship; commend ....................................... SR 303

GEORGIA STUDENT FINANCE AUTHORITY Duties; self-insurers of GIERA program; AFDC children education .............. SB 8 Promote and Advertise Programs and Functions ............................. HB 695

GEORGIA TREE FARM PROGRAM; commend

SR 231

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2490

JOURNAL OF THE SENATE

HEALTH (Continued)

Disabled Individuals; technology assistance; trust fund created;

amend Constitution ..................................................... SR 146

Disabled Persons; right to be accompanied by a trained service dog ......

HB 96

Disease Transmitting Materials; vehicles transporting; sign or placard.......... HB 886

Electrolysis, Practice of; regulate; provide for certification .................... SB 409

Emergency Medical Vehicles; intravenous fluids regulations ................... SB 284

EMS Technicians, Paramedics; recertification standards ...................... SB 365

Eye Banks; licensing violations; disciplinary sanctions; procedures ............. SB 235

Handicapped Persons; personal assistance program to live independently ....... SB 68

Health Care Cost Containment; Urban Policy Study Commission; created ...... SR 166

Health Care Providers; accreditation; review organizations; disclosure .......... HB 758

Health Planning and Development Commission, State; abolished .............. SB 192

Health Strategies Council; creation; organization; functions; purpose;

Health Policy Council abolished ............................. SB 192

Hospital Authorities; area of operation; expand other city, county ............. SB 294

Hospital Authorities; area of operations; loans in health care fields ..... SB 281

Hospitals; liens for patient charges; claims, filing; time period ....... SB 170

Incapacited Adults; guardianships of limited or permanent duration ........... HB 417

Indigent Care Trust Fund; contributions .................................... HB 482

Indigent Prenatal Care; income tax adjustment for certain physicians .......... SB 356

Infectious Disease Control; require scientific based continuing education

of dentists ............................................................... HB 3

Infectious Diseases of HIV Infected; transferred inmates; disclosure to

receiving correctional institutions ......................................... SB 128

Insurance; accident and sickness policies; notice of nonrenewal ................ SB 393

Insurance; coverage for low-income people; urge federal financial support . HR 189

Insurance; development of model basic plan; criteria; features ............ HB 642

Insurance; health care corporations; formation; revisions; purposes ............. HB 400

Insurance; insurers; financial regulatory framework ........................... SB 347

Insurance; maternity benefits; infertility; in vitro fertilization ................ SB 259

Insurance; public school teachers, employees; contract provider fees ......... SB 190

Insurance; state employees; definition; contracting providers .................. SB 190

Insurers; preferred provider arrangements ................................... SB 292

Lead Poisoning Prevention Study Committee ................................ SR 224

Long-term Care Facilities; patient abuse; confidentiality of reports ............ SB 212

Long-term Care; patient records; review by ombudsman program ............ SB 87

Medical, Surgical Treatment; persons authorized give consent................. SB 143

Mental Health Day; proclaim February 4, 1991 ........................ HR 186

Mental; out-of-county patient; court hearings; expense reimbursement ......... HB 213

Mental; psychologists services; scope of practice ............................. HB 408

Mental; revise administration of laws; voluntary, involuntary patients;

exams, treatment, discharge decisions; records disclosure.................... HB 889

Midwifery; committee to study certification program ......................... SR 253

Midwifery; practice without certificate of authority; penalty................... SB 194

Nursing Homes; facilities cited for violations; alternative to closure ............ SB 211

Nursing Homes; violations; notices of cited deficiency; distribution ............ SB 213

Obstetrics, Senate Study Committee; creating ........................ SR 20

Occupational Diseases; exposure to asbestos; claims for disablement ........ HB 406

Patients; nonresuscitation; procedures; conditions; revoked orders .............. SB 93

Personal Care Homes; directors, employees; licensure; contested cases.......... HB 389

Physician's Assistants, Regulation of, Study Committee ...................... SR 232

Pregnant Females; drug users; priority admission treatment programs.......... HB 276

Pregnant Teenagers; urge study of methods to effect reduction................ SR 203

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INDEX

2491

HEALTH (Continued) Public; state grants to hospital authorities .................................. HB 424 Radiation; commercial sterilization; licensees; bond amount; exception ........ HB 894 Radiation Control; licensing sanctions; disciplinary actions .................... SB 235 Sex Education; include teach abstinence to prevent pregnancy, disease......... SB 330 Sickle Cell Anemia Study Committee ....................................... SR 223 Smoking and Nonsmoking Areas; regulate use, nonuse in public places......... SB 251 State Planning Agency; abolish; change certificate of need provisions ......... SB 125 Surrogate Parentage Contracts; void, unenforceable with compensation........... SB 1 Vital Records; confidentiality of documents kept judicial offices ............... SB 229 Vital Records; registration of births, death, medical certifications ............ HB 269
HEALTH CARE FACILITIES, HOSPITALS (Also See Health or Nursing Homes or Human Resources) Accreditation for Licensure; review organizations; records disclosure ........... HB 758 Ambulance Services; valid license requirements; misuse of term ................. HB 5 Ambulances; paramedics, cardiac technicians; recertification..................... HB 5 Bingo Games Operated for Patients; exception to licensing requirement........ SB 120 Biomedical Waste; disposal in thermal treatment facility; permits ............. SB 268 Certificate of Need; abolition of the Health Planning Agency ................. SB 125 Certificate of Need; applications; acquisitions; indigent care................... SB 209 Certificate of Need; committee to study process for approval ............... SR 219 Certificate of Need; facility permits to operate; final revocation ............... HB 546 Certificate of Need; outpatient diagnostic and surgical clinic services; applications for exemptions; violations, fines............................... HB 508 Children; patients in licensed mental health facility; free public instruction program ..................................................... SB 348 Clinical Laboratories; requests by chiropractors to examine specimens ......... HB 328 Clinical Laboratories; tissue banks defined .................................... HB 2 Commercial Solicitation of Accident Victim Referrals Prohibited .............. SB 309 Disabled Adults; personal assistance program to live self-sufficiently ............ SB 68 Drug Testing Laboratories; qualification provisions ........................... HB 601 Facilities Regulated by DHR; violations; disciplinary sanctions ................ SB 235 Health Care Corporations; formation; purposes; board of directors ............. HB 400 Health Care; development of a model basic health insurance plan ............. HB 642 Health Strategies Council; creation; successor to Health Policy Council ........ SB 192 Hospital Authorities; area of operation; expand other city, county ............. SB 294 Hospital Authorities; expand area of operations; financial assistance for nursing, health care training ............................................. SB 281 Hospital Authorities; state grants for public health purposes ............. HB 424 Hospitals; liens for patient charges; claims; filing; time period................. SB 170 Hospitals; notify medical examiner person admitted unconscious state ......... SB 322 Indigent Care Trust Fund; contributions .................................... HB 482 Inducements to Attract Patients; prohibit advertise waive insurance deductible or copayment................................................. HB 774 Long-term Care; patient abuse; confidentiality of reports; immunity ........... SB 212 Long-term Care; patient's medical records; disclosure; conditions ............... SB 87 Long-term Care; security of resident's funds; bank letter of credit ............. SB 186 Mental Health Facilities; voluntary, involuntary patient care .................. HB 889 Nursing Homes; required equipment; fire sprinkler system .................... SB 182 Nursing Homes; violations; notices of cited deficiency; distribution ........... SB 213 Obstetrics, Senate Study Committee; creating ............................... SR 20 Patients; orders not to resuscitate; procedures; conditions...................... SB 93 Personal Care Homes; directors, employees; licensure; contested cases.......... HB 389 Radiation-generating Equipment; licensees; bond amount; exception ......... .HB 894
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2492

JOURNAL OF THE SENATE

HEALTH CARE FACILITIES, HOSPITALS (Continued) Sickle Cell Anemia Study Committee ....................................... SR 223 Surgical or Medical Treatment; persons authorized to give consent ............ SB 143 Therapeutic Recreation; certified personnel; mandatory licensure; qualifications ................................................... SB 107 War Veterans Nursing Homes; Augusta and Milledgeville; administrator ...... SB 48

HEARD COUNTY; board of commissioners; provide new board ............... HB 867

HEARING IMPAIRED Education; postsecondary institutions; substitute requirements ................ SB 193 Hearing Aid Dealers; licensing of dispensers, apprentices; nonresidents; membership of state board .............................................. SB 222

HEARTSTEDT, EDMUND J.; compensate .................................. HR 42

HEMBREE, APRIL; 4-H National Champion; commend.................... SR 37

HEMPERLEY, RUTH RYNER OF VIENNA; commend

SR 245

HENRY COUNTY Board of Education; chairman and members; compensation .................. HB 1012 Community Improvement Districts; create.................................. HB 1010 Coroner; salary .......................................................... HB 1016 Designate Portion SR 42 as Raymond G. Davis Medal of Honor Highway ...... SR 122 Magistrate Court; chief magistrate; compensation ........................... HB 1015

HIGH FALLS STATE PARK; lease of abandoned hydroelectric plant ........ SR 198

HIGHER EDUCATION COMMITTEE; Governor's appointments, report. Page 2338

HIGHWAYS, BRIDGES AND FERRIES (Also See Transportation) Bicycle Trails and Pedestrian Walkways; urge apply federal funds.............. SR 19 Bus Shelters on Public Road Rights of Way; conditions to issue permit........ SB 158 Code Title 32; errors and omissions corrections; revisions ..................... HB 167 Contracts; bids; disadvantaged business enterprises; procedures................ SB 14 Designate; bridge on SR 37 in Clinch County as Roger E. James Bridge ..... SR 233 Designate; Corridor Z developmental highway from Columbus to Brunswick as South Georgia Parkway ............................................ SR 180 Designate; Elmer A. Dennard Highway, State Route 18 at Gordon to Jeffersonville City Limits ............................................... .HR 346 Designate; Highway 49 from Fort Valley to Americus as Andersonville POW Memorial Trail ............................................. SR 213 Designate; J. Truman Holmes Bridge on U.S. Highway 76, Towns County ..... SR 233 Designate; Jimmy Lee Campbell Memorial Highway within City of Dallas...... HR 156 Designate; John T. McKenzie Bridge in Montezuma, Macon County ........... HR 318 Designate; portion Appalachian Highway as Zell Miller Mountain Parkway ..... HR 283 Designate; portion, City of LaFayette bypass as Lyle Jones Parkway........... SR 235 Designate; portion SR 42 in Henry County as Raymond G. Davis Medal of Honor Highway ............................................. SR 122 Designate; Tom Arrendale, Jr. Intersection, S.R. 115 and S.R. 365 in Habersham County ...................................................... HR 53 Designate; Woody Glenn Highway; S.R. 52 from US 411, Chatsworth to Gilmer County line ............................................ HR 349 Designate; 441 Highway City of Eatonton as J.P. Marshall By-Pass ............ SR 15 Interstate Highways; enforcement powers of municipal officers ................ SB 218 Outdoor Advertising Along State Highways; prohibited trimming .............. SB 152 Parks, Historic Sites, Recreational Areas; parking permits; intent.............. HB 706 Pavement Markers; restrict use to mark location of fire hydrants.............. HB 526

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INDEX

2493

HIGHWAYS, BRIDGES AND FERRIES (Continued) Private Roads, Streets, Common Areas; enforcement of traffic laws ............ HB 671 Property; acquisition for public road purposes; wetlands mitigation ............ HB 674 Public Road Work; financing; Guaranteed Revenue Debt Common Reserve Fund; General Obligation Debt Sinking Fund.............................. HB 808 Railroad Crossings; requirements to stop; vehicles carrying hazardous waste or acidic liquids; all school buses ......................................... HB 791 Railroads; grade crossing elimination; division of costs............. SB 286 Road Construction; property acquisition; compensation hearings................ SB 88 Rural Roads; speed limit violations; points assessment ............. SB 157 Streets, Roads in Unincorporated Areas; funding; insurance premium taxes .... SB 372 Toll Road Collection Facility; location; proximity residential property. ........ . SB 400 Tollway Providing Access to Island with Public Beach; parking fees ........... HB 782 Trucks; haulers of clay, kaolin, hazardous materials; PSC regulate ............. SB 432 Urge Passage Federal Surface Transportation Reauthorization Act.............. SR 98 Welcome Centers; local program; implementation; state funding criteria ........ SB 357
HISTORIC SITES AND PRESERVATION; Warm Springs Hydrotherapy Pool Complex; negotiation of long-term lease ................................ HR 352
HOGANSVILLE, CITY OF; ad valorem school tax; maximum millage rate; referendum. ............................................................. HB 1022
HOLIDAYS AND OBSERVANCES; Girls and Women in Sports Day in Georgia; designate ...................................................... SB 130
HOLLY SPRINGS, CITY OF; mayor, council; time of election, taking office, term..................................................................... HB 386
HOLMES, J. TRUMAN; designating J. Truman Holmes Bridge in Towns County ............................................................ SR 233
HOMELESS PERSONS (Also See Indigent Persons) Atlanta, City of; bond proceeds; finance emergency home repairs .............. SB 455 Atlanta; residential zoning exception; units for homeless person ............... HB 518 Homelessness, Hunger, Poverty; recognizing the plight of the poor............. SR 290
HOMERVILLE, CITY OF; council meetings; police court jurisdiction ........ HB 1049
HOMESTEAD EXEMPTION Austell, City of; ad valorem taxes; owner occupied residence ................... SB 80 Cherokee County; school district taxes; income eligibility limits ............... HB 831 DeKalb County Homestead Exemptions Study Committee .................... HR 210 Fairburn, City of; ad valorem taxes, homestead exemption .................... HB 316 Fulton County; ad valorem taxes; publication requirements .................. SB 124 Fulton County; school district taxes; elderly, disabled; referendum............. HB 730 Griffin, City of; elderly or disabled residents; referendum ..................... SB 361 Muscogee County; ad valorem tax; exemption for disabled veterans............ HB 983 Muscogee County; ad valorem tax; repeal certain assessments ................. HB 982 Muscogee County; ad valorem taxes; repeal certain adjustments ............ HB 981 Muscogee County; county, school taxes; certain residents ..................... HB 986 Newton County; ad valorem taxes; county, school taxes; referendum .......... HB 1005 Pickens County; school district ad valorem taxes; certain residents ........... HB 830 Pike County; school district taxes; residents 62 or over; eligibility ............. HB 593 Sandy Springs, City of; incorporation subject to a referendum ........... SB 90 Smyrna, City of; ad valorem taxes; residents 62 or over; referendum ........... SB 446 Spalding County; disabled persons with specified income ..................... SB 207 Sugar Hill, City of; ad valorem taxes; terms, conditions; procedure ............ SB 443
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2494

JOURNAL OF THE SENATE

HOOKS, SENATOR GEORGE; excused to attend a funeral................. Page 98
HORSES Equine Activities; shows, competitions, performers, parades; liability; immunity; exceptions.................................................... HB 292 Equine Activities; shows, fairs, competitions, boarding; injury risks; liability; immunity; notices; exceptions ............................................ SB 287
HOSPITALS (See Health Care Facilities or Health or Human Resources)
HOTELS AND MOTELS; Excise Tax on Rooms, Lodging, Accommodations; local authority to levy ..................................................... HB 420
HOUSE OF REPRESENTATIVES Clerk of the House; vacancies; succession to office............................ HB 173 Convened; notify Senate ..................................................... HR 1
HOUSING (See Buildings and Housing)
HOUSTON COUNTY Board of Commissioners; chairman; expense account; filling of vacancy......... HB 700 Property Conveyance; easement to Oglethorpe Power Corporation ............. HR 160
HOWARD, LIEUTENANT GOVERNOR PIERRE Birthday Congratulations .................................................. SR 128 Commend Achievements................................................... SR 158 Inauguration ........................................................ Pages 28, 72
HUBBERT, BRAD; elected to State Transportation Board ................. Page 143
HUMAN RESOURCES (Also See Social Services or Health) Adoption Unit; transmittal of parental rights termination orders ............... HB 29 AFDC Children; school attendance requirement; urge federal waiver ........... SR 229 AFDC Recipients; parental training; create family resource centers ......... SB 422 At-Risk Children and Youth; resources; decategorize program; create community innovation zones; reduce YDC placements ..................... SB 430 At-Risk, Troubled Children Resources; cost effective management report....... SR 329 Child Abuse Reports; access to records; eligible persons; protect identities; reclassification of cases .................................................. HB 289 Child Care Council, Georgia; creation; duties; state clearing-house ............. HB 399 Child Care, Georgia Residential Association and DHR; commend.............. SR 329 Child-Placing Agencies; adoptions; prohibit inducements; records .............. HB 604 Child Support; enforcement; income deduction orders; earnings report; notices; parentage tests; confidential records ............................... HB 547 Child Support Recovery, enforcement; assistant district attorneys ............. HB 416 Child Welfare, Placing Agencies; redefine; licensing; inspections ............... SB 123 Children and Youth; programs, resources for; committee to study .............. SR 72 Children, Youth and Family; State Plan for Coordinated System of Care .... SB 370 Death Certificates; medical certification within 48 hours ...................... SB 354 Delinquent or Unruly Children; treatment and placement; interested parties . . SB 434 Department; administer DUI alcohol or drug use risk reduction programs ..... SB 312 Department; approval of DUI alcohol or drug use risk reduction programs .... HB 358 Department; Division of Youth Services, Thomson Work Unit; commend....... SR 164 Department; reorganization; create Children, Youth and Family Services Department; transfer certain duties....................................... SB 355 Department; requests for release hearings for defendants pleading insanity or mental incompetency at time of crime; liability ......................... HB 469 Department; supplemental appropriations FY 1990-1991 ....................... HB 85 DFACS; deprived children placed in foster care; periodic case review ......... SB 303
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INDEX

2495

HUMAN RESOURCES (Continued)

DFACS; deprived children placed in foster care; periodic case review

SB 315

Disabled Persons; Technology Related Assistance for Individuals with

Disabilities Act; enact .................................................. SB 269

Drug Abuse Treatment Programs; priority admission, pregnant females ........ HB 276

Duties; administration of mental health laws ................................ HB 889

Emergency Medical Vehicles; intravenous fluids regulations ................... SB 284

Family and Children Services; deprived children placed foster care; case

review; additional period ................................................ HB 519

Health Care Facilities; permit to operate; final revocation orders .......... HB 546

Health Strategies Council; creation; Health Policy Council abolished......... SB 192

Juveniles Committed YDCs; subsidies for community based services ........ SB 378

Juveniles Sentenced Department of Corrections; change effective date ......... HB 560

Long-term Care Facilities; violations; alternative to closure ................... SB 211

Long-term Care Ombudsman Programs; access patient's medical records ........ SB 87

Mental Health Facilities; children who are patients; education programs ..... SB 348

Nursing Homes; violations; cited deficiencies; notices; distribution ........... SB 213

Probation and Intake Services; Juvenile Courts; transfer state-wide system ..... SB 335

Property Conveyance; grounds of Georgia Regional Hospital-Savannah .......... HR 80

Rehabilitation Division; duties; disabled persons independent living program. SB 68

Vital Records; confidentiality of documents kept judicial offices .............. SB 229

YDCs; center based decisions; implement center improvement plans ........... SB 429

HUNTER, GUY, CHIEF WARRANT OFFICER; POW Held by Iraq; commend ................................................................ SR 130

HUNTING (See Game and Fish) Archery Season for Hunting Deer; use of crossbows .......................... SB 427 Hunting, Fishing Licensed Bonded Agents; self-insurance; survey labels ... HB 708 Natural Resources Department; volunteer services program established ....... SB 272 Public Areas; funding; revenue from timber sales on state owned land ......... SB 271 Taxidermists; licensing requirements; create state examining board ............ SB 333 Unlawful Killing of Deer at Night; property seizure; retention................. HB 811

IDENTIFICATION DOCUMENTS; General Assembly; former members; issuance. ................................................................. SB 220
INAUGURATION Governor and Lt. Governor, January 14, 1991 ................................. HR 4 Governor Miller and Lt. Governor Howard ............................ Pages 28, 72
INCOME TAX (Also See Revenue and Taxation) Capital Gains; additional adjustment; effective date; applicability............. HB 456 Credit; tax relief to low-income residents; claims procedures .................... HB 1 Deduction; physicians rendering indigent prenatal health care services ......... SB 356 Employer Returns and Payments; filing period; adjustments; penalties ......... HB 413 Public Retirement Benefits; taxation of; increased benefits to offset............. HB 35 Return of Corporations; change time of payment ............................ HB 338 Returns for Cities of 350,000 or more; change population figures .............. HB 609
INDEMNIFICATION Emergency Management Rescue Specialist; provide for; authorize appropriation of moneys ................................................. HB 238
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2498

JOURNAL OF THE SENATE

INSURANCE (Continued) Insurers; summary of financial condition and rate filing ................... SB 79 Insurers; unauthorized; actions filed against; service of process ................ SB 392 Interlocal Risk Management Agencies for Municipalities; participation of independent school systems ........................................... HB 344 Liability; indemnification of local officials, employees; furnishing a defense to actions of such persons ............................................... SB 279 Liability or Casualty Insurers; claimant requests for information; failure comply; sanctions ....................................................... HB 347 Liability; private companies assisting state asbestos removal .................. SB 342 Life; death benefits; premiums due for policy; unfair practices ............... SB 391 Life Policies; interest on proceeds, payments due; change rate................. HB 845 Local Governing Bodies; investments of risk management, self-insurance funds .............................................................. HB 602 Motor Vehicle Accident Reparations Act; comprehensive revision .............. HB 314 Motor Vehicle Accident Reparations Act; liability; extensive revision........... SB 110 Motor Vehicle; accident reports; commercial solicitation prohibited ........... SB 376 Motor Vehicle; accident reports, victims; commercial solicitation prohibited ... SB 309 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ...... SB 230 Motor Vehicle; extensive revisions; repeal of no-fault laws; coverage requirements; rate filings; rollback certain rates ........................... SB 110 Motor Vehicle or Motorcycle; cancellation or nonrenewal ..................... SB 110 Motor Vehicle; premium discounts to defensive drivers or honor students; eligibility requirements; insurer reports ................................... HB 145 Motor Vehicles; uninsured vehicles removed by police; proof of coverage ...... SB 134 Offense of Fraud; felony penalty .......................................... SB 66 Older and Handicapped Georgians' Transportation Task Force; create ......... SR 294 Premium Taxes; funding street, road improvements unincorporated areas ...... SB 372 Premiums; discounts; good students; completed defensive driver courses ..... SB 110 Reimbursement for Services; specimen examinations; chiropractors ............ HB 328 Surety Bonds; guaranteed arrest bonds issued by auto or truck clubs .......... HB 387 Unfair Business Practices; unapproved direct response advertising; noncarryover calendar year deductible ............................................ SB 390 Workers' Compensation; asbestos exposure; filing claim for disablement........ HB 406 Workers' Compensation; group self-insurance; city-county governments ........ HB 533 Workers' Compensation; medical benefits charges; employer failure pay ........ HB 550 Workers' Compensation; municipal group self-insurance fund; membership of independent school systems .............................................. HB 343
INTEREST (Also See Banking and Finance or Commerce and Trade) Judgments; collectable interest rate; change ................................. SB 326 Life Insurance Policies; proceeds, payments; change rate...................... HB 845
INTERIOR DESIGNERS; State Board of Architects to register, certify ...... SB 168
INTERNAL REVENUE CODE; income taxes; definition of terms; incorporate federal provision ............................................... HB 335
INTERSTATE HIGHWAYS; municipal law enforcement officers enforcement powers................................................................... SB 218
IRWIN COUNTY; contracts; corrections facility as commercial enterprise to house inmates ......................................................... HB 885
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INDEX

2499

JACKSON COUNTY; board of commissioners; filling of vacancies............. HB 397

JAILS, JAILERS Agencies Transporting Patients, Inmates Diagnosed Infectious Diseased; notification requirements; confidentiality .................................. HB 288 County Inmates; assignment to home arrest programs; procedure ........... HB 379 County Inmates; assignment to work release programs; procedures............. HB 380 Escapees; use of deadly force by peace officers to apprehend .................. HB 186 Inmates Transferred Other Facilities; notified of infectious diseases............ SB 128 Juvenile Detention or Interim Control of an Accused; procedures.............. SB 283 Municipalities of 400,000 or More; ordinances; contracts ...................... SB 129 Municipalities of 6,000 or Less; city jail; persons in charge.................... HB 731 Probationers in Community Service Programs; use for private gain ............ HB 125

JAMES, ROGER E.; designating Roger E. James Bridge in Clinch County ..... SR 233

JASPER COUNTY; Jasper County Economic Development Authority Act; enact .................................................................... SB 223

JEFF DAVIS COUNTY; Superior Court; Brunswick Circuit; fifth judgeship.... SB 314

JEFF DAVIS COUNTY HIGH SCHOOL BAND; commend

SR 320

JEFF DAVIS COUNTY JUNIOR HIGH SCHOOL BAND; commend

SR 321

JOHNS, TIFFANY; 4-H National Champion; commend ...................... SR 81

JOHNSON COUNTY; Magistrate Court; costs; fees for county law library ..... HB 733

JOHNSON, GENERAL HANSFORD T.; commend

SR 226

JOHNSON, SENATOR DON; excused for doctor's appointment............ Page 888

JOHNSTONE, LIEUTENANT COLONEL BRIAN; support for ............ SR 185

JONES, CONGRESSMAN BEN; introduced, remarks .................... Page 1683

JONES, LYLE; designating Lyle Jones Parkway, City of LaFayette ............ SR 235

JONES, MARINE CORPORAL PHILLIP J. OF EAST POINT; condolences to family ..................................................... SR 237

JONES, MARK EDWARD; recognizing ............................... SR 236

JUDGES (Also See Courts) Appellate Court; exception to mandatory retirement age...................... SB 153 Chatham County Judicial Compensation Study Committee .................... SR 22 Judicial Nominating Commission; provide; candidate recommendations ........ SB 295 Juvenile Courts; associate judges; change authority; jurisdiction ............... HB 199 Juvenile Courts; office of senior judge created ............................... HB 572 Municipal Court; certificate of training; redefine term ........................ HB 313 Probate Courts; retirement at age 55 with 10 years of service ................. SB 337 Probate Courts; nonpartisan primaries and elections; procedures ............... SB 62 Probate Courts; office business hours, time period, days ...................... SB 291 Probate Courts; retirement; cost-of-living benefits; calculation .................. SB 47 Probate Courts; retirement; creditable service; benefit calculation............... SB 60 Probate Courts Retirement Fund; board of commissioners; add member ........ SB 46 Probate Courts; retirement; membership; employees of such fund ............ SB 61 State Court; administer oath of office to General Assembly members .......... HB 427 State Court; service credit; Superior Court Judges Retirement System ......... SB 149

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2500

JOURNAL OF THE SENATE

JUDGES (Continued) Superior Court; appointment by Governor, 4 year term; amend Constitution . SR 170 Superior Court; appointment of judges; repeal elections ...................... SB 263 Superior Court; Atlanta Judicial Circuit; additional judge ..................... HB 516 Superior Court; Atlanta Judicial Circuit; chief judge; repeal 1963 Act ......... .HB 718 Superior Court; Blue Ridge Circuit; third judgeship .......................... HB 360 Superior Court; Blue Ridge Judicial Circuit; third judgeship .................. SB 364 Superior Court; Brunswick Judicial Circuit; fifth judgeship ................... SB 314 Superior Court; comprehensive revision of election method ................... SB 264 Superior Court; Eastern Judicial Circuit; sixth judgeship ...................... SB 26 Superior Court; Griffin Judicial Circuit; fourth judgeship ..................... SB 334 Superior Court; Gwinnett Judicial Circuit; sixth judgeship .................... HB 360 Superior Court; Gwinnett Judicial Circuit; sixth judgeship .................... HB 534 Superior Court; impaneling second grand jury; procedures ..................... SB 85 Superior Court; postretirement cost-of-living benefits; withdrawal.............. HB 483 Superior Court; Rockdale Judicial Circuit; additional judge ............ SB 127 Superior Court; Rockdale Judicial Circuit; second judgeship .................. HB 398 Superior Court; senior judges; disability retirement benefits ................... HB 429 Superior Court; senior judges; judges receiving disability benefits .............. HB 429 Superior Court; single-member districts; elections; terms...................... SB 262 Superior Court; Stone Mountain Judicial Circuit; tenth judgeship ............. SB 301 Superior Court; Tallapoosa Circuit; judges; supplemental allowance ............ HB 947 Superior Court; Tallapoosa Judicial Circuit; change term ..................... HB 374 Superior Court; term of office; adjust so all elected same time ................ SR 171 Supreme Court and Appellate Judges; invite General Assembly Joint Session .... HR 6 Supreme Court Chief Justice; message; Joint Session; February 4................ HR 9
JUDGMENTS Appeals in Actions for Damages; judgments of $10,000 or less.................. HB 70 Collectable Interest Rate; change ........................................... SB 326 Default; civil practice; when case in default; time period for filing and serving the answer ...................................................... SB 423
JUDICIAL CIRCUITS Atlanta Circuit; superior court; additional judgeship .......................... HB 516 Atlanta Circuit; superior court; chief judge; repeal 1963 Act................... HB 718 Blue Ridge Circuit; superior court; third judgeship ........................... SB 364 Blue Ridge Circuit; superior court; third judgeship ........................... HB 360 Brunswick Circuit; superior court; fifth judgeship ............................ SB 314 Chatham County Judicial Compensation Study Committee .................... SR 22 Cobb Circuit; superior court; judges; salary supplement....................... SB 371 Eastern Circuit; judges; appoint clerk of Chatham County State Court.......... SB 27 Eastern Circuit; superior court; sixth judgeship ............................... SB 26 Griffin Circuit; superior court; provide fourth judgeship ...................... SB 334 Gwinnett Circuit; superior court; sixth judgeship............................. HB 360 Gwinnett Circuit; superior court; sixth judgeship............................. HB 534 Judicial Candidates; nonpartisan primaries; election by plurality vote .......... SB 306 Judicial Nominating Commission; provide for; recommend candidates .......... SB 295 Rockdale Circuit; superior court; additional judge ............................ SB 127 Rockdale Circuit; superior court; additional judge ............................ HB 398 Special Trial Districts; investigative grand juries; amend Constitution........... SR 70 Stone Mountain Circuit; superior court; tenth judgeship ...................... SB 301 Superior Court; judges; elected by electors in single-member districts ......... . SB 262 Superior Court; judges; repeal election, provide for appointment............... SB 263
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INDEX

2501

JUDICIAL CIRCUITS (Continued) Superior Court; judges; revise election method; number of judgeships each circuit; conditioned upon ratified constitutional amendment................. SB 264 Tallapoosa Circuit; additional assistant district attorney ..................... HB 493 Tallapoosa Circuit; superior court; change term; Haralson, Polk Counties...... HB 374 Tallapoosa Circuit; superior court; judges; district attorney; county supplement. HB 947
JURIES (Also See Courts) Grand; additional panels; impanel procedures; service time period .............. SB 85 Grand; committee to study powers, duties, special purposes.................... SR 21 Investigative Grand Juries in Judicial Circuits; amend Constitution......... SR 70 Juror Lists; use for commercial solicitation prohibited ........................ HB 308 Trial Juries in Felony Cases; change number of peremptory challenges......... SB 383
JUVENILE JUSTICE COORDINATING COUNCIL; abolish; Children and Youth Coordinating Council, create as successor ....................... SB 370
JUVENILE OFFENDERS, DETENTION FACILITIES Delinquency and Prevention; community based services; federal grants. ...... SB 370 Delinquency Hearings; open to public inspection and disclosure .............. SB 260 Delinquent or Unruly Children; treatment; placement; interested parties ....... SB 434 Deprivation or Unruliness Hearings; exclude public inspection ................ SB 260 Interim Control or Detention of an Accused; imposition; purposes ............. SB 283 Reorganization of Services; create Children, Youth and Family Services Department .......................................................... SB 355 Subsidies to Counties to Develop Community Based Commitment Services.... SB 378 Youth Development Centers; adopt policies; improvement plans ............... SB 429
JUVENILE PROCEEDINGS (Also See Courts or Minors) Associate Judges of Juvenile Court; change procedures; vested authority, jurisdiction ............................................................ HB 199 At-risk Children and Youth; institutional placement; develop program for home or community based placement..................................... SB 430 At-risk Children and Youth; services; goals; effectiveness measures ......... SB 104 Child Abuse Reports; access to records; eligible persons; protect identities; reclassification of cases .................................................. HB 289 Children and Youth Coordinating Council; creation; community based services; delinquency prevention programs................................. SB 370 Children and Youth Legislative Overview Committee; create ................. SB 105 Children, Youth and Family Services Department; creation ................... SB 355 Delinquency Cases; court records inspection; fingerprint, photo file ........... HB 683 Delinquency Hearings, Records; public inspection, disclosure conditions ........ SB 260 Delinquent or Unruly Children; information on treatment and placement ..... SB 434 Deprived Children; foster care placement; case review; additional period ....... HB 519 Deprived Children; placement in foster care; periodic case review.............. SB 303 Deprived Children; placement in foster care; periodic case review.............. SB 315 Designated Felony Acts; trafficking in cocaine, illegal drugs, marijuana; prosecution; confinement; judge's discretion; drug treatment ................. HB 87 Incorrigible Child; definition; sentenced to Department of Corrections; change effective date of approved 1990 Act #1422 ......................... HB 560 Intake and Probation Services of Juvenile Courts; transfer to state-wide system; conditioned upon funding ........................................ SB 335 Interim Control or Detention of an Accused; imposition; purposes ............. SB 283 Juvenile Court Judges; exception to mandatory retirement age ................ HB 478 Juvenile Courts; office of senior judge created ............................... HB 572 Juvenile Justice Coordinating Council; abolish .............................. SB 370
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2502

JOURNAL OF THE SENATE

JUVENILE PROCEEDINGS (Continued) Juvenile Justice Coordinating Council; membership; Advisory Council to Courts Automation Commission .......................................... HB 215 Juvenile Justice Services; subsidies; community based services for commitment of juveniles................................................. SB 378 Parental Rights; termination orders; transmit Human Resources Department .... HB 29 Serious Traffic Offenses; court jurisdiction; fines; report to PSD ............... HB 785 YDCs; adopt policies to implement center improvement plans................. SB 429

K

KAUFMANN, ALICE; served as nurse for session .......................... Page 28

KENNESAW, CITY OF; corporate limits ................................... HB 890

KEYSVILLE, CITY OF; new charter; incorporation; boundaries; powers

.SB 359

KIDNEY DIALYZERS; reuse; change reference to Health Planning Agency .SB 125

KILLEARN PROPERTIES, INC., EAGLE'S LANDING COUNTRY CLUB and J. T. Williams; commend....................................... SR 328

KIMOTO, UJIHITO OF KIMOTO TECH, INC. IN CEDARTOWN; commend ................................................................ SR 337

KING-ABERNATHY STATE COLLEGE; renaming of Atlanta Metropolitan College .................................................................. SR 107

KINGSLAND, CITY OF City Manager; change mandatory provision .................................. HB 971 Corporate Limits; change .................................................. HB 916 Kingsland Area Convention and Visitors Bureau Authority Act; enact ......... HB 915

LABOR AND INDUSTRIAL RELATIONS (Also See Employment Security

or Workers' Compensation)

Code Title 34; errors and omissions corrections; revisions ..................... HB 167

Commissioner; election by plurality of votes cast; amend Constitution ......... SR 169

Commissioner; future successors to office shall be appointed by Governor;

amend Constitution ..................................................... HR 332

Department; supplemental appropriations; SPY 1990-1991 ..................... HB 84

Employee Leasing Companies; defined under Employment Security Law ....... HB 303

Employers; income tax withheld employee wages; filing return, payment ....... HB 413

Employment Discrimination Based on Use of Tobacco Products............... SB 251

Employment Discrimination; certain activities during nonworking hours ...... SB 256

Employment Practices, County and Municipal, Study Committee; create ....... SR 246

Employment Security Law; comprehensive revisions .......................... HB 303

Group Insurance; cancellation or nonrenewal notices to policyholder ........... HB 905

Hazardous Chemicals; definitions; federal regulated, labeled; applicability to

state employees occupational exposure; amend provisions ................... HB 217

Income Tax; credit; employer provided basic skills education program

HB 263

Inspection Permits; elevators, escalators, manlifts, boilers, pressure vessels,

carnival rides; disposition of fees ......................................... HB 439

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INDEX

2503

LABOR AND INDUSTRIAL RELATIONS (Continued)

Liens for Performance of Labor or Provisions of Materials; affidavits .......... HB 528

Multiple Employer Self-insured Health Plans; regulation of; licensure.......... HB 769

Occupational Diseases; asbestosis or mesothelioma; claims for disablement;

time period for filing .......................................... HB 406

Occupational Therapists; licensure; qualifications; permits; exams

... HB 474

Smoking During Nonworking Hours; employer discrimination prohibited ....... HB 728

State Employees; grievances; filing procedures ............................... SB 106

Unemployment Compensation Fund; contributions due on wages paid ..... HB 303

Workers' Compensation; claims; filing date .................................. HB 117

Workers' Compensation; covered employees; certain volunteer personnel ....... HB 291

Workers' Compensation; group self-insurance; city-county government ......... HB 533

Workers' Compensation; independent contractors; equipment owner-operators . . HB 773

Workers' Compensation, Joint Task Force; creating .......................... HR 290

Workers' Compensation; medical benefit charges; employer failure to pay .... HB 550

Workers' Compensation; municipal group self-insurance; membership of

independent school systems .............................................. HB 343

Workers' Compensation; office of senior administrative law judge ......... SB 323

Workers' Compensation; subrogation rights of employers; 3rd party

proceedings ............................................... SB 363

Workers' Compensation; volunteers assisting Department of Natural

Resources ..................................................... SB 272

LADIES' GARDEN CLUB OF ATHENS CENTENNIAL; recognize ........ SR 208

LAFAYETTE, CITY OF; Lyle Jones Parkway; designate new portion bypass highway.................................................................. SR 235

LAGRANGE, CITY OF; Downtown Development Authority; powers; property acquisition ....................................................... SB 368

LAKE LANIER ISLANDS DEVELOPMENT AUTHORITY; add two members; selection; terms .................................................. SB 99

LAKES; Water Resources Conservation Management Study Committee ......... HR 348

LAKESIDE HIGH SCHOOL, GEORGIA ACADEMIC BOWL TEAM; commend .......................................................... SR 324

LAMAR COUNTY Magistrate Court; chief magistrate; nonpartisan election ...................... HB 789 Office of County Manager; repealed......................................... HB 790

LAND SURVEYORS Professional Certification; qualifications; definition ........................... HB 143 Regulation and Certification; change definition .............................. SB 197

LAND USE PLANS Mobile Homes and Mobile Home Parks; regulation of.................... SB 228 Restrictive Covenants; actions for building set-back line violations............. HB 259 Restrictive Covenants Running With Land; extension ........................ SB 133

LANDFILLS (Also See Waste Management) Diminished Space; urge use recycled paper products by Senate offices ....... SR 66 Disposal Facilities; "active CERCLIS sites"; prohibited permits ........ SB 242 Hazardous Waste Management Act; change certain definitions ................ HB 652 Municipal Solid Waste; permits; proximity ground-water recharge areas ........ SB 185 Municipal Solid Waste; permits; specified distance certain rivers ............. SB 215 Solid Waste Disposal Facilities; permit modifications; limitations .............. HB 182

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2504

JOURNAL OF THE SENATE

LANDFILLS (Continued) Solid Waste Management; disposal restrictions; household hazardous waste, recyclable wastepaper, yard trash, bottles, cans ............................ SB 240
LANDLORD AND TENANT Military Personnel; change of duty orders; liability for rent................... HB 134 Mobile Homes and Mobile Home Parks; regulation of....................... SB 228 Tenants; leased property improvements; ad valorem tax exemption ............ SB 440 Water Service; liability for unpaid charges ................................... SB 10
LANDRUM, HONORABLE PHILLIP MITCHELL, former Georgia Congressman; condolences to family ........................................ SR 302
LANDSCAPING, PROFESSIONAL; commercial, residential; urge exempt watering restrictions ...................................................... SR 179
LANE, KELDA; 4-H National Champion; commend .................... SR 85
LANGFORD, SENATOR ARTHUR; excused to attend a funeral ......... Page 239
LARMORE, J. CARROLL, PROBATION DETENTION CENTER; designate in Fulton County ................................................ HR 155
LAUNDRY, DRY CLEANING ESTABLISHMENTS; Liens for Services Rendered; sale of unclaimed property to satisfy.............................. SB 243
LAW ENFORCEMENT OFFICERS AND AGENCIES Agencies Transporting Patients, Inmates Diagnosed Communicable Disease; notification requirements; confidentiality .................................. HB 288 Alleged Violations of Law; investigation by the GBI; procedure .............. SB 38 Campus Police; law enforcement powers repealed; cities of 400,000 ............ HB 610 Children and Youth Coordinating Council; coordinate all services including juvenile justice, delinquency prevention ................................... SB 370 Code Title 35; errors and omissions corrections; revisions ..................... HB 167 Complaints Against; internal investigatory records; disclosure procedures ...... SB 146 Complaints Against Officers; procedures; discipline; rights; review ............. SB 203 Coroners and Deputies; qualifications; training; death investigations ............ SB 33 Correctional Officers; service retirement allowance at age 55 .................. SB 187 County, Municipal Officers; urge improve retirement; pension benefits ......... SR 225 County or Municipal; traffic enforcement; private roads, streets ............... HB 671 Crime Information Center; dissemination; criminal history records to county boards of registration and elections ....................................... HB 207 Crime Information Center; duties; driver's license applicants; fingerprint information required; dissemination; costs .................................. SB 75 Crime Information Center; family violence incident reports ................... HB 449 Crime Information Center; fingerprint and records check; teachers, principals, other certificated personnel .............................................. SB 425 Crime Information Center; records; duties; telephone requests to check firearms purchaser background; dissemination procedure.................... SB 150 Crime Information Center; reports of stolen vehicles and license plates ....... HB 396 Criminal Justice Coordinating Council; composition .......................... SB 370 Domestic Violence; commission to study officer training programs ............. SR 286 Drug Investigation and Prosecution Training; funding ......................... HB 72 Drug Testing of POST Certified Employees; urge discontinue program.......... SR 14 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991.......... HB 933 Duties; seizure of property under Controlled Substances Act.................. SB 114 False Reporting of Theft or Conversion of a Vehicle; penalty ................. HB 574 Family Violence Complaints; training; arrest based on probable cause.......... HB 298 Forfeitures Under Controlled Substances Act; distribution of proceeds .......... HB 72
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2505

LAW ENFORCEMENT OFFICERS AND AGENCIES (Continued) GBI; scientific reports; drug test results; admissible evidence........... SB 59 Housing Authority Police; arrest powers; certification and training............. HB 231 Indemnification; applications; time for filing ................................. HB 454 Juvenile Fingerprint, Photo Files; use and retention; inspection ............... SB 260 Local Emergencies; mutual aid contracts with other states, federal agencies .... HB 232 MARTA Security, Police Force; jurisdiction; qualifications; immunity .......... HB 219 MARTA Security; Police Force; jurisdiction; qualifications; immunity .......... HB 659 Municipal, County Officers; retirement benefits; committee to study ........... SR 292 Peace Officers' Benefit Fund; errors of overpayment or underpayment ......... HB 484 Peace Officers' Benefit Fund; membership; 16 years of service................ SB 341 Peace Officers' Benefit Fund; purchase prior service credit; time limit. ......... SB 122 Peace Officers; reserve officers; authority to carry firearms ..................... SB 53 Peace Officers; training; disbursement of funds; allocation .................... SB 164 Peace Officers; use of deadly force to prevent or apprehend escapees ........ HB 186 Pistols and Revolver Sales; purchaser records check; 7-day wait period ...... SB 118 Police Officers, Enforcement Dogs; offense of simple battery against .......... SB 255 Posses, Auxiliaries and Voluntary Officers; liability exposure; committee to study .......................................................... SR 222 Privileged Communications; truthful investigative reports ..................... SB 285 Probation, Parole Officers; sexual assault of persons in custody............ SB 57 Public Safety Department; change administration of services, functions ......... SB 74 Public Safety Radio Services; change population requirements ............... .HB 611 Public Safety Training Center; appropriation of funds........................ SB 164 Public Service Commission; law enforcement personnel; indemnification........ SB 377 Records of Motor Vehicle Accidents; use for commercial solicitation of victims prohibited ...................................................... SB 376 State Patrol; education requirements; disciplinary board composition ........ SB 172 Workers' Compensation; covered employees; volunteer personnel .............. HB 291 World Congress Center Police, Security Guards; training; jurisdiction; powers; criminal records check ........................................... HB 928

LAWS AND STATUTES Agricultural Operations, Farm Products, Growing Crops; redefined ............ SB 311 Children's Code Study Committee; condense laws under single title............ SR 273

LEAD POISONING PREVENTION STUDY COMMITTEE; creating

SR 224

LEASING, RENTAL COMPANIES Automobiles; registration as used car dealer ................................. HB 594 Automobiles; vehicle registration and licensing............................... SB 307

LEDFORD, MRS. RENEE; commend .................................... SR 167

LEE COUNTY; Board of Elections; repeal............................ HB 532

LEE, J. J.; 4-H National Champion; commend................................. SR 53

LEGAL ADVERTISING Judicial Sales; which newspaper shall advertise .............................. SB 431 Local Boards of Education; meeting notices; newspaper options ............... HB 403

LEGAL DEFENSE OF INDIGENTS Counties; financing of local programs; bail bondsmen issuance fees ............ SB 304 Counties of 550,000 or More; criminal bail bond fees to supplement ........... SB 227

LEGISLATIVE SERVICES COMMITTEE; Membership; Chairman of Senate Banking and Financial Institutions Committee ........................ SB 189

LEIZMAN, DR. ALICIA P.; commend ............................. SR 143

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2506

JOURNAL OF THE SENATE

LEMACKS, SHERIFF D. G. "BILL" OF CLAYTON COUNTY; commend ................................................................ SR 154
LEMON LAWS Farm Tractor Purchases; Farm Equipment Warranty Act; enacted............. HB 175 Motor Vehicle Warranty Rights Act; consumer right to remedies; fees .......... HB 32
LESTER, RAYMOND; commend .................................... SR 117
LIBRARIES, LIBRARIANS; County, Regional Boards of Trustees; membership of entities supporting.......................................... HB 584
LICENSE PLATES (Also See Motor Vehicles or Staggered Tag Sales) Alteration, Mutilation; Concealment Prohibited; punishment .................. SB 324 Alteration of County Designation; penalties .................................. HB 15 Display of Plate or Tags Resembling Official Georgia Plates Prohibited ........ HB 468 Registration and Licensing; comprehensive revision, modernization ........... HB 245 Registration and Licensing Requirements; redefine "resident" ................. HB 423 Revenue Taxes and License Fees; remittances; dishonored check; penalty ...... HB 334 Special; citizen band radio operators; repeal provisions ....................... HB 422 Special; commemorate 1996 Olympic Games; agreement for use of logo ........ HB 261 Special; commemorate 1996 Olympic Games; request issuance 1995 ............. SR 69 Special; firefighters; change authority for issuance............................ HB 613 Special; Purple Heart recipients; applications ................................. HB 15 Special; U.S. armed forces active duty members or retirees ................... SB 351 Special; veterans awarded Purple Heart..................................... SB 324 Special; veterans of U.S. Armed Forces ............................. HB 788 Staggered Registration Periods; early registration penalty .................... SB 115 Staggered Registration Periods; uniformity in deadlines; alternatives ........... SB 116 Staggered Tag Sales; Fulton County .................................... HB 649 Staggered Tag Sales; Miller County ................................. SB 241 Staggered Tag Sales; repeal in Macon County ............................... HB 957 Stolen Vehicles; report of theft to Crime Information Center.................. HB 396 Vehicle Trailers; house, auto, boat; annual license fees ....................... HB 653
LIENS Abandoned Motor Vehicles; removal, storage fees; foreclosure ................. SB 339 Against Property for Unpaid Water Charges; procedures...................... SB 254 Cotton Growers Who Fail To Pay Assessments for Boll Weevil Eradiction .... HB 475 Hospitals; patient charges; claims; filing; time period ......................... SB 170 Laundries, Cleaners, Dyers, Tailors; sale of goods to satisfy ................. SB 243 Liens for Forfeiture of Property; Georgia Controlled Substances Act............ HB 72 Mechanics' and Materialmen's; affidavits; forms; waivers, release .............. HB 528 Mechanics' and Materialmen's; claimant notify property owner or contractor . . . HB 223 Property; prohibit to secure unpaid water service charges................. SB 10 Property Subject Forfeiture Under Controlled Substances Act. ............... SB 73
LIEUTENANT GOVERNOR Inauguration Joint Session; January 14, 1991 .................................. HR 4 Pierre Howard; birthday congratulations .................................... SR 128 Pierre Howard; commend .................................................. SR 158 Pierre Howard; inauguration .............................................. Page 72 Pierre Howard; remarks to Senate....................................... Page 2358
LIFE INSURANCE COMPANY OF GEORGIA 100 YEARS SERVICE; commend ............................................................... SR 313
LILBURN, CITY OF; franchises; grant to certain utilities for use of street, alleys; lengthen time period ................................................ HB 699
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2507

LINCOLN COUNTY HIGH SCHOOL FOOTBALL TEAM; commend...... SR 296

LINCOLN COUNTY HIGH SCHOOL SOFTBALL TEAM; commend

SR 295

LINDSAY, DR. BEVERLY; honoring .................................... SR 134

LINDSEY, JOHN; rattlesnake hunter; commend............................ SR 249

LITERACY Employer Provided Basic Skills Education Program; income tax credit......... HB 263
Illiteracy; inmates reading below 5th grade level; required instruction .......... HB 244

LIVESTOCK Dealers; purchase or sale of leased livestock; liability limitations .............. HB 438
Disease Control; bovine diseases, swine mycobacteriosis; issuance of injunctions ............................................................. HB 174
Equine Activities; horse shows, competitions, performers, parades; limit liability of professionals; exceptions ....................................... HB 292
Equine Activities; shows, fairs, competitions, boarding; injury risks ............ SB 287

LOANS (See Banking and Finance or Grants)

LOAR, BARBARA; commend ............................................ SR 207

LOBBYISTS. ................. Pages 30, 143, 156, 280, 486, 760, 966, 1311, 1678, 2371

LOBBYISTS, REGISTERED AGENTS Persons Representing State Departments, Agencies; registration ................ SB 55 Public Officials; offense of bribery defined; penalty.......................... SB 72
Registration of State Officials Representing State Agencies; exempt fee ........ HB 268

LOCAL GOVERNMENT (Also See Counties or Municipalities) Ad Valorem Tax; property fair market value criteria; land use restriction ...... HB 233 Ad Valorem Taxes; dates to open and close books for return of taxes........... HB 93 Airport Development Authority, Joint Study Committee; creating ............ SR 197 Airport Development Authority; Joint Study Committee; creating ............. HR 285 Airport Projects; create Georgia Airport Development Authority............... SB 244 Airport Property Acquisition; prohibit condemnation outside boundaries ....... HB 548 Airports; condemnation powers exercised extraterritorially only with consent ... SB 173 Alcoholic Beverages; wine; Sunday sales by farm wineries..................... SB 389 Bond Proceeds; investments in certain securities ............................. SB 175 Bonded Indebtedness of Local School Districts; payments .................... HB 792 Bus Shelters on Public Road Rights of Way; conditions to issue permit........ SB 158 Cemeteries and Burial Grounds; authority to preserve, protect; application for disinterment, reinterment ............................................ HB 402 Cities; infrastructure; Urban Policy Study Commission created ................ SR 166 City-county Government; workers' compensation group self-insurance .......... HB 533 Code Title 36; errors and omissions corrections; revisions ..................... HB 167
Contracts; public works; bids by affiliated corporations; forfeiture of proposal guaranty....................................................... HB 465
Counties; at-risk children and youth services; decategorize; creation of community innovation zones to reduce institutional placement .............. SB 430
Counties; boards of education; chairman; policy establishing term ............. SB 396 Counties; charitable grants; conditions; local advisory boards................... SB 86 Counties; chief executive officer, members; salaries; adjustments ............... SB 200 Counties; claims to unclaimed cash bail bonds; disposition .................... HB 436 Counties; contracts; repair water, sewer systems; material requirement ......... HB 693 Counties; facilities development; capital improvements; local plans,
committees; state matching grants ........................................ HB 488

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2508

JOURNAL OF THE SENATE

LOCAL GOVERNMENT (Continued) Counties, Municipalities; actions against officers, employees; furnishing a defense of such persons ................................................ SB 279 Counties, Municipalities; bonds and debt obligations for public facilities requires voter approval; amend Constitution................................ SR 75 Counties, Municipalities; multiyear lease purchase contracts .................... SB 6 Counties; offices, records, jails; study inspection by grand juries ................ SR 21 Counties; paupers' burials; interment expense amount........................ HB 476 Counties; special 1% sales tax; other revenue for education .................... SR 65 Counties; tax assessors, appraisal staff; entry upon property .................. HB 264 Counties; tax assessors; duties; appeals, reappraised valuations ................ HB 257 Counties; tax assessors; elections ........................................ SB 44 Counties; tax commissioner; vacancy in office; special election ................. HB 209 Counties; tax digests; disapproved; appeals procedures........................ HB 412 Counties; tax executions; administration fees ............................ SB 56 Counties; tax officials; office business hours, days ............................ SB 291 Counties; taxes; ad valorem; assessment; appeals; filing tax returns ............ SB 103 Counties; taxes; ad valorem; finance services for at-risk children............... SB 424 Counties; taxes; ad valorem; homestead exemption; leased property ............ SB 440 Counties; taxes; ad valorem; millage rate determination; notices ............... SB 43 Counties; taxes; ad valorem; school digests; assessment-ratio studies .......... SB 201 Counties; taxes; ad valorem; unpaid; final settlement period................... HB 266 Counties; taxes; hotel-motel excise; requirements; limitations; purposes......... HB 420 Counties; taxes; school property tax; committee to study inequities ............ SR 173 Counties; taxes; special purpose sales tax; educational purposes; amend Constitution ...................................................... SR 159 Counties; unincorporated areas; ordinances; increase maximum fines .......... HB 626 Counties; zoning proposal review procedures; encourage separate planning commissions ............................................................ HB 825 County, Municipal Law Enforcement Officers; retirement benefits; committee to study ............................................................... SR 292 Development Authorities; powers; promote industry, agriculture, trade ......... HB 820 Elected Officials; election by plurality of votes cast........................... SB 306 Emergency Management, Office of; establishment; disaster relief funds ........ HB 241 Emergency 911 Telephone Systems; public safety answering point; billing ...... SB 289 Employment Practices, County and Municipal, Study Committee; create ....... SR 246 Environmental Effects of Proposed Governmental Actions; duties ............. SB 97 Fire Hydrants; pavement markers; restricted use............................ HB 526 Firearms; statewide regulation; preempt, prohibit local regulation.............. HB 375 Firefighters' Bill of Rights; allegations; rights under interrogation ............ SB 296 Georgia Mutual Aid Act; contracts, agreements with other states, federal law enforcement agencies ................................................ HB 232 Governing Bodies; filling of vacancies in office ............................... HB 235 Hospital Authorities; projects requested by other city or county ............... SB 294 Housing Authority Police; arrest powers; police services contracts ............. HB 231 Insurance Premium Taxes; funding streets, roads unincorporated areas ........ SB 372 Investments of Funds; risk management, self-insurance funds ................. HB 602 Judicial Sales; legal advertisements; which newspaper shall advertise .......... SB 431 Law Enforcement Officers; discipline actions; complaint review board .......... SB 203 Law Enforcement Officers; urge improve retirement, pension benefits .......... SR 225 Liability; use of posses, auxiliaries, voluntary law enforcement officers ......... SR 222 Libraries; public systems; boards of trustees; members ....................... HB 584 Local Constitutional Amendments; Acts repealing; condition for effectiveness; majority vote by local voters required...................................... HR 16
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2509

LOCAL GOVERNMENT (Continued) Local Legislation; notice of intention to introduce; advertisement.............. SB 174 Local Legislation; notice of intention to introduce; author's affidavit ........... HB 428 Military Practice Maneuvers in Residential Areas; notify residents ............. SB 15 Municipal Gas Pipeline or Distribution Systems; acquisition; certificates; factors, purchase price; rate base ......................................... SB 202 Municipal Training Institute; board of directors; additional members; training classes for city clerks; funding............................................ HB 287 Municipal Water Companies; unpaid charges; landlord-tenant liability .......... SB 10 Municipalities Chartered Prior 12-21-93; corporate boundaries ................ SB 119 Municipalities; contracts; property used parks and recreation ................. SB 169 Municipalities Less Than 8,000; violations on interstate highways ............. SB 218 Municipalities of 350,000 or More; change population figures various provisions of O.C.G.A. Title 36 ..................................... HB 608 Municipalities of 400,000 or More; binding ordinances; contracts .............. SB 129 Municipalities; solid waste landfills; permits; specified distance certain rivers . . . SB 215 Municipalities; solid waste landfills; proximity to ground-water recharge areas; site permits ............................................................ SB 185 Ordinances; alcoholic beverage, restricting possession in vehicles............. SB 52 Ordinances Regulating Operating Motor Vehicles; use of seat belts ............ SB 395 Private Roads, Streets Residential Areas; traffic laws enforcement ............. HB 671 Property Taxes; disclosure of tax increases; advertising requirements .......... HB 283 Public Officials; abuse of office; offense of bribery defined ..................... SB 72 Public Works Projects; eminent domain powers; cities of 350,000 .............. HB 615 Rails-to-Trails; local recreation purposes; encourage ........................... SR 25 Recall Act of 1989; revisions; grounds; legal sufficiency; hearings. .............. SB 382 Regional Development Center Boundaries; ratify transfer of Fayette County into Atlanta Regional Commission ......................................... HR 15 Regional Development Centers; committee to study coordinated planning ..... SR 190 Revenue Bonds; validation proceedings; content of petitions .............. SB 42 Revenue; special; TVA apportioned payment share of gross proceeds .......... SB 195 Rural Policy Study Committee; creating .................................... SR 266 Solid Waste Disposal Facilities; permit modifications; vertical expansion; limitations; public hearings .............................................. HB 182 Solid Waste Management; landfills; additional disposal restrictions ............ SB 240 Surface and Air Transportation Regional Authority; creation by contiguous counties; membership; powers; bonds; ordinance ............................ HB 919 Telephones; tollfree county-wide calling; urge expand 22 mile radius ........... HR 185 Tollway Providing Access to Island with Public Beach; parking fees ........... HB 782 Water or Waste-Water Facilities; grants eligibility; toilets, showers, faucet installation requirements .............................................. HB 605 Welcome Centers; local program; implementation; state funding criteria........ SB 357 Wetlands Conservation Study Committee; creation .......................... .HR 19 Zoning Actions; conflicts of interest; disqualified officials; appoint special masters ................................................................. SB 67

LOGANVILLE, CITY OF; City Council; organization meeting, oath; repeal removal city manager ..................................................... HB 911

LORENZO BENN YOUTH DEVELOPMENT CENTER; designate

HR 157

LOTTERIES Amend Constitution to allow a State Lottery .................................. SR 7 Manufacture, Sale of Printed Materials, Equipment for Out of State .......... SB 367 State Operated Lottery; provide; separate budget category; prohibit parimutuel betting, casinos ................................................ HR 7

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2510

JOURNAL OF THE SENATE

LOUISVILLE, CITY OF; new charter ...................................... HB 833
LOWERY, BILL, MUSIC PUBLISHER; commend......................... SR 279
LOWNDES COUNTY; State Court; judge; full-time; not practice private law; compensation ......................................................... HB 44

M
MACON, CITY OF Corporate Limits; change ................................................. HB 1008 Macon-Water Commissioners Employees Pension Plan; employer contributions ........................................................... SB 221
MACON COUNTY Designate; John T. McKenzie Bridge on S.R. 26 in Montezuma ............... HR 318 Motor Vehicle Registration; repeal designated periods ........................ HB 957
MACON MAYOR LEE ROBINSON; introduced, remarks ................ Page 1225
MAGAZINES, PERIODICALS; telephone solicitation; validity of agreements ............................................................... SB 408
MAGISTRATE COURTS Employment of Marshals to Perform Duties of Constables .................... SB 346 Property Dispossessory Proceedings; issuance of summons ................... HB 569
MALOOF, MANUEL, CEO OF DEKALB COUNTY; commend ............ SR 115
MALPRACTICE (See Medical Malpractice or Physicians)
MANUFACTURERS Air Pollution Control; pollutant emissions sources; permits; fees ............... HB 709 Farm Equipment Warranty Act enacted .................................... HB 175 Flags or Bunting; material flammability standards ........................... SB 117 Lottery Equipment, Printed Materials; sales, shipment out of state ............ SB 367 Trade Secrets; theft; offense of misappropriation defined ..................... SB 320
MAPS, PLATS Geologists; registration; qualifications; specialty certification................... SB 188 Land Surveying; definition in platting and layout of lands .................... SB 197
MARIETTA, CITY OF Cobb County-Marietta Water Authority; grant of easement .................... SR 40 Cobb-Marietta Coliseum and Exhibit Hall Authority; members; appointment; terms; vacancies ........................................................ SB 366 Corporate Limits; change ................................................. HB 1019 Corporate Limits; deannex and exclude certain property...................... HB 781 Marietta Public School System; board of education; advertise vacancy ......... HB 876
MARIJUANA Drug Trafficking; juveniles; designated felony act defined; prosecution .......... HB 87 Drug Trafficking; quantity involved; punishment; mandatory imprisonment...... HB 86 Possession; driver's license; period of suspension ............................. SB 290 Unlawful Possession Conviction; suspension of driver's license .............. HB 123 Violations; property or assets subject to seizure, forfeiture ..................... HB 72
MARKS, KEITH STEPHEN; compensate ..................................HR 119
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2511

MARRIAGE; ceremonies; authority of associate juvenile court judges ........... HB 199

MARSHALL, J. P.; designating the J. P. Marshall Highway in Eatonton ........ SR 15

MARTA Annual Report and Certain Listings; public notice of availability .............. HB 658 Annual Report and Payments Lists; notice of availability ..................... HB 218 Police, Security; qualifications; immunity; jurisdiction; arrest powers ........... HB 219 Police, Security; qualifications; immunity; powers; jurisdiction ................. HB 659 Public Transit Vehicles or Stations; crimes of assault, battery; punishment..... HB 694 Reserve Funds; use of interest income for operating costs..................... HB 221 Reserve Funds; use of interest income for operating costs..................... HB 657 Unresolved Collective Bargaining Issues; judicial determination................ SB 300

MAULDIN, FIRE CHIEF ELLIS A., OF CEDARTOWN; commend

SR 305

MCDUFFIE COUNTY Deputy Coroner; appointment, salary ....................................... HB 462 Property Conveyance; City of Thomson; property and storage facility ...... SR 90

MCINTOSH, LOUISA AICHEL; commend ................................ SR 184

MCKENZIE, JOHN T.; designate bridge on S.R. 26, Montezuma, Macon County............................................................ HR 318

MCWHORTER, HAMILTON, JR.; elected Secretary of the Senate .......... Page 17

MECHANICS' AND MATERIALMEN'S Liens; claimant notify property owner or contractor .......................... HB 223 Liens; forms; affidavits of nonpayment; waiver and release upon payments; suppliers of rental tools, equipment....................................... HB 528

MEDICAID Health Care Facilities; licensing; violations; disciplinary sanctions ............. SB 235 Prescription Drugs; prior authorization requirements ......................... SB 234 Urge Federal Financial Support Allowing Ineligible Lower-income People to "Buy-in" Medicaid Health Care Coverage ............................. .HR 189

MEDICAL ASSISTANCE; Indigent Care Trust Fund; contributions ........ HB 482

MEDICAL EXAMINERS, CORONERS (Also See Public Officers) Autopsies; consent requirements; deceased person's family; exception ............ SB 3 Coroners and Deputies; qualifications; training; death investigations ......... SB 33 Death Investigations; autopsies; limited dissection; suspicious deaths, report of persons admitted hospitals unconscious state............................ SB 322 Death Investigations; autopsy; tissues retained for additional study ............ SB 302

MEDICAL PRACTICE (Also See Physicians or Professions and Businesses) Chiropractors; clinical laboratory examination of specimens ................... HB 328 Dental Hygienists Licensing Study Committee; create ........................ SR 277 Dental Hygienists; temporary licenses ......................................... HB 4 Dentistry, Practice of; definition............................................ HB 315 Dentistry; practicing without a license; felony penalty ........................ SB 159 Dentists; dentures and partials; require mark with patient's ID ................ HB 26 Dentists or Dental Hygienists; license renewal; continuing education ............. HB 3 EMS Technicians, Paramedics; recertification; remove certain standards ..... SB 365 Health Care Providers; accreditation review; records disclosure ................ HB 758 Health Care Providers; commercially solicited vehicle accident victim referrals prohibited; license revocation ............................................ SB 309 Health Care Providers; inducements to attract patients; prohibit advertise waive insurance deductible or copayment.................................. HB 774

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2512

JOURNAL OF THE SENATE

MEDICAL PRACTICE (Continued) Health Insurance; development of a basic model plan ........................ HB 642 Health Strategies Council; creation; successor to Health Policy Council ........ SB 192 Infertility Treatment, In Vitro Fertilization; insurance coverage ............... SB 259 Medical School; exemption; Nonpublic Postsecondary Educational Act......... HB 582 Midwifery; certification program; committee to study......................... SR 253 Midwifery; practice without certificate of authority; penalty................... SB 194 Obstetrics, Senate Study Committee; creating ................................ SR 20 Outpatient Clinic Health Services; certificate of need......................... HB 508 Patients; records; access by long-term care ombudsman programs .............. SB 87 Physician's Assistants, Regulation of, Study Committee ...................... SR 232 Physicians; duties; patients who are candidates for nonresuscitation ............ SB 93 Physicians; duty to certify death certificates within 48 hours.................. SB 354 Physicians Licensed to Sell or Dispense Contact Lenses ...................... SB 299 Physicians Rendering Indigent Prenatal Health Care; tax adjustment .......... SB 356 Preferred Provider Arrangements; criteria of health care insurers .............. SB 292 Psychologists; scope of practice relating to mental health treatment ........... HB 408 Psychology, Practice of; change licensing requirements ....................... SB 338 Surgical or Medical Treatment; persons authorized to give consent ............ SB 143 Teenage Pregnancies; urge study of methods to effect reduction ............... SR 203 Vehicles Transporting Etiologic or Biohazardous Material; sign or placard requirements .................................................... HB 886
MENTAL HEALTH Agencies Transporting Patients, Inmates Diagnosed Infectious Diseased; notification requirements ................................................ HB 288 At-risk Families; urge investigation of ways to address needs.................. SR 330 Child Support; orders; parents' obligation to age of majority .................. SB 360 Code Title 37; errors and omissions corrections; revisions ..................... HB 167 Defendants; pleas of insanity or mental incompetency; inpatient commitment; outpatient criteria; conditional release .................................... HB 469 Drug Abuse Treatment Programs; priority admission pregnant females......... HB 276 Employees of DHR Mental Retardation Service Centers; health benefits ....... SB 444 Firearms; deterring purchase by prohibited persons; study of.................. SR 299 Firearms Licensure; applicants; certain patients ineligible ...................... SB 45 Hospitalization; voluntary, involuntary patients; exams, treatment, discharge decisions; attending physician; records disclosure........................... HB 889 Mental Health Day; proclaim February 4, 1991 .............................. HR 186 Mentally Retarded Child in Licensed Facility; free education program ......... SB 348 Mentally Retarded; redefine as to criminal proceedings and plea ............. SB 421 Patients; sexual assault by supervisors; penalty ............................... SB 57 Persons Involuntarily Hospitalized; ineligible to purchase firearms; release of records to Georgia Crime Information Center .............................. SB 150 Probate Court Hearings; out-of-county patient; expense reimbursement ........ HB 213 Psychologists; perform certain acts which physicians may perform ............. HB 408 Psychology, Practice of; change licensing requirements ....................... SB 338 State Institutions; understaffing; employee hiring freezes, layoffs ............... SR 23
MERIT SYSTEM Classified Service; employees on-call status; pay on weekends .................. SB 24 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991........... HB 933 Employees; ethics and conflicts of interest; political activities .................. SB 23 Employees; hiring freezes, layoffs; understating; urge review of................. SR 23 Employees Ordered Military Duty; employment, pay, retirement rights ......... SR 31 Employees; overtime pay and compensatory time off; relative to............ SR 18
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2513

MERIT SYSTEM (Continued) Employees; permanent status; grievances; filing procedures.................... SB 106 Sick Leave; accumulation, utilization; notice of absenteeism................. SB 17
MESOTHELIOMA; claims for disablement; time period for filing ............. HB 406
METROPOLITAN AREA PLANNING AND DEVELOPMENT (See Development Authorities or Authorities)
MIDWIFERY PRACTICE Committee to Study; prenatal care; certification of midwives .................. SR 253 Practice Without Certificate of Authority; felony penalty ..................... SB 194
MILITARY AFFAIRS (Also See Veterans) Armed Forces Active Duty Members, Retirees; special license plates ........... SB 351 Armed Forces Veterans Post Headquarters; ad valorem tax exemption ........ SB 280 Attorneys Serving Armed Forces; continuances in civil cases upon absence .... SB 238 Desert Storm Monument Commission; creating .............................. SR 250 District Attorneys, State Court Solicitors; ordered military duty............... SB 112 License Plates; special; veterans of U.S. Armed Forces ....................... HB 788 Military Personnel; change of duty orders; liability for rent ................... HB 134 Military Practice Maneuvers in Residential Areas; notify residents ............ SB 15 Military Vehicles Not Required Commercial Driver's License ................. HB 139 National Guard, Georgia Army and Air; expressing support for................. HR 72 National Guard; members; support service Operation Desert Storm ............. SR 61 Persian Gulf Crisis; commend President Bush and Desert Shield personnel...... SR 9 Soldiers' and Sailors' Civil Relief Act of 1940; stay of proceedings ........... HB 720 State Employees Drafted Armed Forces; employer retirement contributions ..... HB 40 State Employees Ordered Military Duty; employment rights ................... SR 31 State Employees Ordered Military Duty; employment rights ................... SR 60 State Militia; orders for active duty; purposes; conditions..................... SB 282 Teachers Ordered Military Duty; retirement; employer contributions........... HB 656 Veterans Awarded Purple Heart Citations; special license plates............... SB 324 Veteran's Day Southeast Georgia Celebration; inviting President George Bush .. . SR 56 Veterans' Drivers' Licenses; change qualifications ............................. SB 69 Veterans' Drivers' Licenses; qualifications ................................... SB 199 War Veterans Nursing Homes; Augusta, Milledgeville; administrators .......... SB 48
MILLEDGEVILLE, CITY OF; Mayor and Aldermen; compensation ........... SB 64
MILLEN BAPTIST CHURCH YOUTH MINISTRIES "FAMINE PROJECT"; commend ............................................................... SR 281
MILLER COUNTY; Motor Vehicles; designated registration periods ......... SB 241
MILLER, GOVERNOR ZELL; Inauguration ........................... Pages 28, 72
MILLER; Zell Miller Mountain Parkway; designate; portion Appalachian Highway .................................................................HR 283
MINORITIES Black Males, Governor's Commission on the Social Status; creation............ SR 12 Business Enterprises; certification; procurement of state contracts ............. SB 144 Disadvantaged Business Enterprises; bids; DOT subcontractors ........ SB 14 Education; office of minority educator recruitment; creation.................. SB 433 Judicial Nominating Commission; provide candidate recommendations ........ SB 295
MINORS Adoption; execution of certain documents, orders, petitions, surrender ......... HB 604 Adoption Unit of Human Resources Department; parental termination orders . . . HB 29
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2514

JOURNAL OF THE SENATE

MINORS (Continued) AFDC Children; public assistance eligibility; school attendance.............. SR 229 AFDC; families receiving public assistance; educational assistance ............. SB 198 AFDC Recipients; GIERA insurance and education investment trust............. SB 8 AFDC Recipients of Public Assistance; school attendance required ............. SB 7 AFDC Recipients; parental training; create family resource centers .......... SB 422 Alcoholic Beverages; possession open container in vehicle; penalty ............. SB 156 Anabolic Steroids; drug listing Schedule III; repeal penalties .................. HB 179 At-risk Children and Youth; resources; decategorize program; create community innovation zones; reduce YDC placements ..................... SB 430 At-risk Children and Youth; resources, services; goals and policies ........... SB 104 At-risk Children; county services; property tax levy; special fund ............. SB 424 At-risk Families; urge University System investigate ways to address needs.. . .. SR 330 At-risk, Troubled Children Resources; reexamine costs; reports................ SR 329 Boxing and Wrestling; professional matches; restrict as contestants ............. HB 9 Child Abuse Reports; access to records; eligible persons; protect identities; reclassification of cases .................................................. HB 289 Child Care Council, Georgia; creation; provide for organization ................ HB 399 Child Care Facilities Regulated by DHR; violations; disciplinary sanctions ... SB 235 Child Custody; best interest of child criteria ............................ SB 210 Child Custody Decisions; surrogate parentage contracts......................... SB 1 Child Custody; encourage contact with parents, grandparents ................. SB 208 Child Support; amount computed net income; special circumstances ............ SB 19 Child Support; education financial assistance to age 21; factors................ SB 380 Child Support; enforcement of support orders; parentage tests ................ HB 547 Child Support; health care; postsecondary education assistance................ SB 360 Child Support Recovery; enforcement; assistant district attorneys ............. HB 416 Child Victims of Sex Crimes; closed circuit TV testimony ................... SB 178 Child Welfare, Placing Agencies; redefine; licensing; reports................... SB 123 Children and Youth Coordinating Council; creation; coordination of all children's service systems; community based services ....................... SB 370 Children and Youth Legislative Overview Committee; creation ................ SB 105 Children and Youth; programs, services to; committee to study ................ SR 72 Children, Youth and Family Services Department; creation ................. SB 355 Children's Code Study Committee; condense laws under single title......... SR 273 Children's Trust Fund; state tax on consumer rental, motion pictures; video recording; cassettes; amend Constitution ............................. SR 230 Children's Trust Fund; superior court clerks fees ............................ HB 290 Cigarettes, Tobacco Products; prohibited transactions under age 18............ SB 248 Civil Actions; actions behalf of injured minor child; time period ............... SB 305 Compulsory School Attendance; maximum age; change to 17; exemptions ...... SB 155 Delinquent or Unruly Children; treatment and placement; parties who may provide information; petitions; hearing .................................... SB 434 Deprived Children; foster care placement; case review; additional period ..... HB 519 Deprived Children; placement in foster care; periodic case review. ............ SB 315 Deprived Children; placement in foster care; periodic case reviews............. SB 303 Domestic Violence, Commission on; create .................................. SR 286 Driver's License; issuance; restricted permit; 14 year old; assist visually impaired parent or guardian ............................................. HB 247 Drug Dependent Pregnant Females; treatment programs; priority admission ... HB 276 Drug Trafficking; commission of a designated felony act; prosecution; confinement; restrictive custody; drug treatment ............................ HB 87 DUI; restrict no contest pleas; lower blood alcohol level presumed drunk........ HB 63 Education; high school general programs; funding ............................ SB 411
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INDEX

2515

MINORS (Continued) Education; mentally retarded children; free public instruction program. ....... SB 348 Education; postsecondary; tuition scholarships; financial need based ........... SB 31 Education; postsecondary; tuition scholarships; financial need based ............ SB 37 Education; remedial instruction; expand eligibility for services ................. SB 32 Estates; surviving children; additional year's support criteria .................. HB 540 Feticide by Vehicle; cause of death of unborn child; penalties .................. SB 58 High School Students; postsecondary options; early enrollment credit...... SB 417 Inheritance; child born out of wedlock; parentage-determination evidence ...... HB 251 Juvenile Court Intake, Probation Services; transfer state-wide system.......... SB 335 Juvenile Courts; office of senior judge created ............................... HB 572 Juvenile Delinquency Cases; records inspection; fingerprint, photo file ......... HB 683 Juvenile Detention of Accused Prior to Adjudication; purposes ................ SB 283 Juvenile Justice Services; community based services for commitment of juveniles; subsidies; incentives ........................................ SB 378 Juvenile Offenders Sentenced Corrections Department; effective date .......... HB 560 Juvenile Proceedings; delinquency or deprivation; hearings, records, files; public inspection, disclosure conditions ................................... SB 260 Lead Poisoning Prevention Study Committee ................................ SR 224 Medical or Surgical Treatment; persons authorized to give consent ............ SB 143 Motor Vehicle Insurance Premium Discounts for Honor Students ............. HB 145 Motorcycle Riders, Passengers; protective headgear requirements .............. SB 247 School Dropouts; implement remedial program using student tutors ........... SB 216 Serious Traffic Offenses; juvenile court jurisdiction; fines ..................... HB 785 Sex Education; include teach abstinence to prevent pregnancy, disease......... SB 330 Sexual Exploitation of Children; property forfeiture; correct reference .......... HB 72 Sexual Offenses Committed by School System Educators; reports.............. HB 146 Sexual Offenses; victims under age 16; exclusion, limitation on prosecution ..... HB 240 Smoking or Tobacco Use by Students Prohibited School Property or Bus ...... HB 275 Students At Risk and Dropouts; alternative educational programs ............. HB 744 Students; at-risk, high school dropouts; alternative program needs.......... SR 189 Teenage Pregnancies; urge study of methods to effect reduction .............. SR 203 Victims of Sexual Abuse; closed circuit TV testimony; admissible evidence ...... SB 29 Victims or Witnesses to Sexual Offenses; closed circuit TV testimony........... SB 70
MISDEMEANOR OFFENSES Concert Tickets; price scalping prohibited; penalty ........................... SB 145 Election Campaign Expenditure Limitations; violations; penalty ............... SB 239 Fraudulent Use of Academic Diplomas, Records; falsifying documents ......... SB 313 Possession, Controlled Substance, Marijuana; driver's license suspension ....... SB 290 Probate and Magistrate Courts; probation supervision services ................ SB 224 Reptiles; poisonous; use in religious services prohibited ........................ SB 21
MITCHELL-BAKER HIGH SCHOOL BASKETBALL TEAM; commend SR 309
MITCHELL COUNTY Hospital Authority; membership; number of; terms; appointment; vacancies .... HB 395 Office of County Administrator; creation .................................... HB 362 Property Conveyance; easement to Oglethorpe Power Corporation ........... .HR 160
MOBILE HOMES (Also See Buildings and Housing) Owners, Parks, Associations; regulation of.................................. SB 228
MOLOTOV COCKTAIL; explosive devises; criminal possession; penalties ...... HB 271
MONROE COUNTY; property conveyance; easement to Southern Bell Telephone Co. for transmission cable ........................................ SR 55
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2516

JOURNAL OF THE SENATE

MOODY AIR FORCE BASE IN VALDOSTA, 50TH ANNIVERSARY; commend ................................................................ SR 291

MOORE, GREG; 4-H National Champion; commend........................... SR 87

MORROW HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend SR 316

MOTOR FUEL AND ROAD TAX Federal Nonconventional Tax Credit for Alternate Fuels; urge extend ...... SR 105 Financing of Public Road Work ....................... HB 808

MOTOR VEHICLE CHOP SHOP AND STOLEN AND ALTERED PROPERTY ACT; enact................................................. SB 230

MOTOR VEHICLES AND TRAFFIC

Accident; certificates of pending, unsatisfied judgments; court fees .......... HB 290

Accident Reports; copying fees of Department of Public Safety ............... HB 122

Accident Reports; disclosure limitation; news dissemination; research .......... HB 133

Administrative Division of Georgia State Patrol; creation; transfer duties........ SB 74

Alcoholic Beverages, Open Container; possession while driving; penalty ........ .HB 11

Alcoholic Beverages; open containers; penalties for possession ................. SB 156

Alcoholic Beverages; open containers; possession while driving

....... SB 52

Auto or Trucking Clubs or Associations; guaranteed arrest bond certificates;

increase surety amount .................................................. HB 387

Auto Rental Companies; require vehicles registration; licensing ................ SB 307

Commercial Vehicles; driver's license requirements; disqualifications ......... HB 139

Commercial Vehicles; owner-operators; workers' compensation................. HB 773

Controlled Substance Violations; vehicles subject seizure, forfeiture ......... SB 73

Driver Improvement Clinics and Instructors; licensing criteria................. HB 245

Driver Training Schools; two-year licenses; fees; minimum surety bond ........ HB 824

Driver's License; applications; fingerprint records requirements ................. SB 75

Driver's License; commercial; licensing of driver training schools .............. HB 824

Driver's License; commercial; requirements; disqualifications .................. HB 139

Driver's License; comprehensive revision, modernization ...................... HB 245

Driver's License; deposited in lieu of bail; valid receipts ...................... HB 187

Driver's License; driving while license suspended; increase fines ................ HB 63

Driver's License; ID number; applications for firearms license ........... SB 45

Driver's License; ID required check transactions; restrictions .................. SB 11

Driver's License; issuance; qualifying armed forces veterans ................... SB 199

Driver's License; issuance; restricted learner's permit persons age 14 ........... HB 247

Driver's License; issuance; vision standards; bioptic telescope users ............. SB 81

Driver's License; points assessment; open container of alcohol.................. SB 52

Driver's License; suspension; controlled substance, marijuana possession. ....... SB 290

Driver's License; suspension; failure to pay fines within time limit............. SB 278

Driver's License; suspension; failure to timely pay traffic fines. ................ SB 191

Driver's License; suspension or revocation; marijuana possession conviction .... HB 123

Driver's License; suspension periods; DUIs; habitual violators; pleas ........... SB 274

Driver's License; suspension; refuse chemical test; serious accidents

...... HB 451

Driver's License; suspension; 2nd conviction; reinstatement period ............. SB 277

Driver's License; veterans; qualifications ..................................... SB 69

DUI Alcohol and Drug Use Reduction Programs; operator certification;

criminal records check; qualifications; fees................................. SB 312

DUI; alcohol concentration level; change presumptive level ................... SB 275

DUI; alcohol concentration level; lower presumptive level ..................... SB 113

DUI; alcohol concentration level; lower to 0.05 grams.......................... SB 91

DUI; alcohol concentration level of 0.10 grams; presumption .................. SB 111

DUI; alcohol concentration level; 0.10 grams presumed drunk .................. HB 63

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INDEX

2517

MOTOR VEHICLES AND TRAFFIC (Continued) DUI Alcohol or Drug Use Reduction Programs; operators, instructors, criminal record checks; fees; corrections facilities........................... HB 358 DUI; detention period for intoxicated persons prior release on bail ............ HB 129 DUI; habitual violators; vehicles subject to forfeiture and sale.................. HB 66 DUI; persons convicted multiple times; punishment .......................... SB 273 DUI; persons convicted third time; publication of name, photo, address ......... HB 63 Equipment; flashing green lights; restrict to emergency vehicles ............... SB 324 Farm Tractors; Farm Equipment Warranty Act enacted ...................... HB 175 Feticide by Vehicle; cause of death of unborn child; penalties .............. SB 58 Franchises; distributor protection; dealer warranty reimbursement ............. HB 646 Habitual Violators; redefine; multiple arrests within certain period ............ SB 276 Highways, Roads or Streets; pavement markers; restricted use of.............. HB 526 Insurance; comprehensive revision; repeal no-fault; reduce certain rates ........ HB 314 Insurance; insurers; financial regulatory framework ........................... SB 347 Insurance; premium discounts to defensive drivers or honor students; eligibility requirements; conditions; insurer report.......................... HB 145 Insurance Reform; extensive revisions; repeal of no-fault laws ................. SB 110 Insurance: uninsured vehicles removed by police; conditions for return ........ SB 134 Interstate Highways; enforcement powers of municipal officers ................ SB 218 Juveniles; serious traffic oflenses; court jurisdiction; sanctions; reporting procedures .......................................................... HB 785 License Plates; alteration, concealment, mutilation prohibited ............... SB 324 License Plates; alteration of county designation prohibited; penalties ........... HB 15 License Plates; plates or tags resembling official plates prohibited ............. HB 468 License Plates; registration, certificates of title; driver's licenses; equipment; inspections; traffic offenses; revise, modernize, clarify ....................... HB 245 License Plates; repeal designed registration periods; Macon County ............ HB 957 License Plates; special; armed forces active duty members, retirees .......... SB 351 License Plates; special; citizen band radio operator; repeal issuance ........... HB 422 License Plates; special; commemorate 1996 Olympic Games .................... SR 69 License Plates; special; commemorate 1996 Olympic Games ................... HB 261 License Plates; special; firefighters; authority for issuance..................... HB 613 License Plates; special; veterans awarded Purple Heart....................... SB 324 License Plates; special; veterans awarded Purple Heart; applications ............ HB 15 License Plates; special; veterans of U.S. Armed Forces ....................... HB 788 License Plates; staggered registration periods; deadlines; uniformity ........ SB 116 License Plates; staggered registration periods; early registration ........... SB 115 License Plates; staggered tag sales; Fulton County ........................... HB 649 License Plates; staggered tag sales; Miller County............................ SB 241 Mobile Telephones; unlawful disclosure customer's personal records ........... SB 297 Motor Carriers Transporting Hazardous Materials; law enforcement personnel . SB 377 Motor Vehicle Warranty Rights Act; defective automobiles; consumer right to remedies; fee payments ................................................ HB 32 Motorcycle Awareness and You Month; recognize ............................. SR 32 Motorcycle Riders, Passengers; protective headgear requirements .............. SB 247 Parking in Parks, Historic Sites, Recreational Areas; permits; signs ............ HB 706 Pawnshop Transactions; vehicle storage fees ................................. SB 336 Radar Speed Detection Devices; clarify provisions and use of ................ HB 245 Radios, Stereos; sound devices audible from 100 feet prohibited ............... HB 149 Railroad Crossings; requirements to stop; vehicles carrying hazardous waste or acidic liquids; all school buses ......................................... HB 791 Registration and Licensing Requirements; redefine "resident" ................. HB 423 School Bus Drivers; DUI convictions; punishment............................ SB 312
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2518

JOURNAL OF THE SENATE

MOTOR VEHICLES AND TRAFFIC (Continued) School Buses; requirements to stop at railroad crossings ...................... HB 791 Seat Safety Belts; offense of failure to wear; penalty ........................ SB 395 Speed Limit Violations; excessive speeding; points assessment................. SB 157 Stolen Vehicles and License Plates; change reporting requirements ............ HB 396 Teenage Drinkers Under Age 18; amount blood alcohol level presumed drunk . . . HB 63 Theft; Chop Shop and Stolen and Altered Property Act; enact............... SB 230 Theft; false reporting of theft or conversion; penalty ......................... HB 574 Towing and Storage Firms; removal improperly parked cars; fees; liens ........ SB 339 Traffic Accidents Resulting Serious Injuries or Fatalities; driver's license suspension to refuse submit chemical test ............................... HB 451 Traffic Fines; DUI, speeding, reckless driving; additional penalty to fund technology related assistance to disabled persons........................... SB 269 Traffic Penalties; Technology Related Assistance Trust Fund for Individuals with Disabilities ........................................................ SR 146 Used Car Dealers' Registration Act; licenses; exemptions; pawnbrokers; leasing companies; antique autos; auctions; suspension violations ........... HB 594 Vehicle Accident Reports; commercial solicitation prohibited .................. SB 376 Vehicle Accidents; commercial solicitation of victim referrals to attorneys or health care provider prohibited; referred to as "Runners Bill"............... SB 309 Vehicle Emission Inspection; uniformity in deadlines ......................... SB 116 Vehicle Operating Private Owned Residential Area; traffic enforcement ...... HB 671 Vehicle Tent or Auction Sales; contracts; cancellation procedures ........... SB 353 Vehicle Theft; incarceration; special probation or boot camp unit.............. SB 350 Vehicle Trailers; house, auto, boat; annual license fees ....................... HB 653 Vehicles Operated on Racetracks or Speedways; exhaust systems ............... SB 89 Vehicles Transporting Etiologic or Biohazardous Material; sign or placard requirements .................................................... HB 886 Vehicles Used by Conditioned Air Contractors; license display ................ HB 295
MOTORCYCLES Motorcycle Awareness and You Month; recognize ............................. SR 32 Motorcycle Riders, Passengers; protective headgear requirements .............. SB 247
MOULTRIE, CITY OF; ordinance violations; penalties .................... HB 909
MOUNT ZION, CITY OF; corporate limits; inclusion of certain territory ...... HB 754
MOUNTAINS Land Disturbances; regulated activities for the protection of .................. HB 643 Zell Miller Mountain Parkway; designate; portion Appalachian Highway ....... HR 283
MUNICIPALITIES (Also See Local Government) Airport Property Acquisition; prohibit condemnation outside boundaries ....... HB 548 Airports; acquisition of property extraterritorially; consent required............ SB 173 Annual Meeting Between Certain Cities and Counties; change population ..... HB 608 Bonds and Debt Obligations for Public Facilities Requires Voter Approval ...... SR 75 Campus Police; law enforcement powers repealed; cities of 400,000 ............ HB 610 Cemeteries and Burial Grounds; authority to preserve, protect; permits ........ HB 402 Cities of 400,000 or More; contracts; criminal justice facility .................. SB 129 City Business Improvement Districts; cities of 400,000; repeal Act ............. HB 612 Contracts; multiyear lease purchases; voter referendum approval ................ SB 6 Contracts; property used park and recreational purposes...................... SB 169 Corporate Boundaries; minimum distance exceptions; chartered 1993 .......... SB 119 Elections; campaign literature, printed materials .............................. SB 22 Elections; handicapped electors; privacy accommodations ...................... HB 14 Elections; notice of candidacy; filing time period ............................. HB 204
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2519

MUNICIPALITIES (Continued) Elections; plurality elections and nominations ............................... SB 306 Elections; special; uniform dates; exception .................................. HB 195 Elections; write-in candidates; notice of candidacy; designate specific office ..... HB 201 Emergency Management, Office of; establishment; disaster relief funds ......... HB 241 Employment Practices; committee to study.................................. SR 246 Environmental Effects of Proposed Governmental Actions; duties .............. SB 97 Firearms; preempt, prohibit local regulation; exclusions ....................... HB 375 Georgia Municipal Training Institute; board of directors; additional member; training classes for city clerks; funding .................................... HB 287 Hospital Authorities; state grants for public health purposes .................. HB 424 Hotel-Motel Excise Tax; authority to levy; coliseums, exhibit halls, convention, trade show purposes; limitations............................... HB 420 Housing Authority Commissioners; cities of 350,000 population ................ HB 614 Interlocal Risk Management Agencies; independent school systems participate ............................................................. HB 344 Investments of Funds; risk management and self-insurance funds ............. HB 602 Law Enforcement Officers; committee to study retirement benefits ............ SR 292 Law Enforcement Officers; discipline actions; complaint review board ........ SB 203 Law Enforcement Officers; limit enforcement of Interstate Highways .......... SB 218 Law Enforcement Services in a Local Emergency; mutual aid contracts with other states, federal agencies; sheriff approval ............................. HB 232 Law Enforcement; urge improve retirement, pension benefits. ................. SR 225 Motor Vehicle Self-Insurers; cities of more than 350,000 ................... HB 607 Municipal Courts; abolished and state court has jurisdiction ................. SB 344 Municipal Courts; judges; certificate of training; redefine term ................ HB 313 Municipal Courts; jurisdiction; DUI offenses; convictions; punishment.......... SB 273 Municipal Gas Pipeline or Distribution Systems; acquisition; certificates; factors; purchase price; rate base .............................. SB 202 Municipal Water Companies; applicant IDs; unpaid charges; notices; liens...... SB 254 Municipalities of 6,000 or Less; city jail; persons in charge; dispatcher certified as jailer ........................................................ HB 731 Officers, Employees; actions against; furnish defense of such persons........... SB 279 Ordinances Binding Councils; municipalities of 350,000 or more ............... HB 608 Public Officials; abuse of office; offense of bribery defined ..................... SB 72 Public Safety Radio Services; cities of 350,000 or more ...................... HB 611 Public Works Projects; eminent domain powers; cities of 350,000 .............. HB 615 Residential Areas; notify residents of military practice maneuvers .............. SB 15 Revenue and Taxation; change population figures; cities of 350,000 ............ HB 609 Revenue Bonds; proceeds; authorized investments........................... SB 175 Roads or Streets; pavement markers; restricted use; fire hydrants ............. HB 526 Solid Waste Landfills; site permits; proximity ground-water recharge area ...... SB 185 Solid Waste Landfills; site permits; specified distance certain rivers............ SB 215 Special Revenue; TVA apportioned payment share of gross proceeds........... SB 195 Street Closings; authority; municipalities of 350,000 or more .................. HB 608 Urban Policy Study Commission; creation ................................... SR 166 Urban Residential Finance Authorities Act for Large Municipalities; change population requirements ................................................. HB 608 Waste Water Discharged Chattahoochee River; limit phosphorus amount....... HB 814 Water Service; unpaid charges; landlord or tenant liability..................... SB 10 Workers' Compensation; group self-insurance; city-county governments ........ HB 533 Workers' Compensation Group Self-Insurance; independent school systems ..... HB 343 Zoning Actions; disqualified local official; appoint special masters ......... SB 67
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2520

JOURNAL OF THE SENATE

MURDER Homicide Punishable Injurious Acts; time within which death must occur ...... HB 366 Offense of; regardless time between inflicted injury, resultant death ........... SB 147
MUSCOGEE COUNTY Ad Valorem Tax; homestead exemption; county, school taxes; certain residents ...............................................................HB 986 Ad Valorem Tax; homestead exemption; disabled veterans .................... HB 983 Ad Valorem Tax; homestead exemption; repeal certain adjustments ........... HB 981 Ad Valorem Tax; homestead property, repeal certain assessment; referendum............................................................. HB 982 Board of Elections and Registration; creation; membership, powers, duties ..... HB 941 State Court; full-time chief assistant solicitor; duties, compensation............ HB 942
MUSIC INDUSTRY Concert Promoters; ticket advertisements; disclose lip synched music ............ SB 9 Concert Tickets; price scalping prohibited ................................... SB 145 Fiddlers, Official State Convention; Georgia Mountain Fair ................... HR 233 Music Industry Committee, an Interim Study Committee and Citizens' Advisory Council ........................................................ SR 43
MUTUAL AID ACT; contracts, agreements; other states, federal law enforcement agencies ...................................................... HB 232

N
NATIONAL GUARD Attorneys Serving Armed Forces; continuance in court case upon absence .... SB 238 Georgia Army and Air National Guard; expressing support for ................. HR 72 State Employees; ordered military duty; employment, retirement rights ......... SR 60 State Employees Ordered Military Duty; employment rights ................... SR 31 Support Members Serving Operation Desert Storm in Persian Gulf Crisis ....... SR 61 Veterans' Driver's License; changes to qualifications........................... SB 69 48th Infantry Brigade Called Federal Active Duty; commend ................. SR 199
NATURAL RESOURCES AND CONSERVATION (Also See Game and Fish or Environmental Protection) Air Pollution Control; pollutant emissions sources; permits; fees ............... HB 709 Biomedical Waste; handling, disposal; limit permits for thermal treatment facilities ...................................................... SB 268 Code Title 12; errors and omissions corrections; revisions ..................... HB 167 Department; contracts; Georgia State Games direct-support organization ....... HB 804 Department; duties; protection of mountains, river corridors, wetlands ......... HB 643 Department; supplemental appropriations FY 1990-1991 ....................... HB 85 Designate; K.T. Kennedy Reef; offshore fishing site east of Sapelo Island ...... HR 500 Employees Retirement; employer contribution rate set by trustees.............. HB 43 Environmental Advisory Council; creation; appointment by Governor .......... SB 102 Environmental Advisory Council; creation; appointment; terms; duties ......... HB 274 Environmental Assurance Fees on Petroleum Products; increase fees........... SB 385 Environmental Facilities Authority; at large members; qualifications ............ SB 96 Environmental Policy Act; enact ............................................ SB 97 Environmental Protection Division; director; appointed and removal ............ SB 30 Environmental Protection Division; director; appointment by board. ............ SB 40 Environmental Protection Division; director; appointment; removal ............ HB 274 Environmental Protection Division; director; appointment; salary .............. SB 102
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2521

NATURAL RESOURCES AND CONSERVATION (Continued) Environmental Standards; urge establish state council to review............... HR 101 Environmentally Sensitive Lands; certification; ad valorem taxes .............. HB 283 Georgia Mountain Fair; Official State Fiddlers Convention .................... HR 233 Hazardous Waste Management Act; change certain definitions ................ HB 652 Hazardous Waste Management Authority; powers; composition; appointees ...... SB 94 Hazardous Waste Management; source reduction; state policy priority .......... SB 94 High Falls State Park; easement to Southern Bell Telephone Co. for cable ...... SR 55 High Falls State Park; lease of abandoned hydroelectric plant ................ SR 198 Hunting, Fishing Licensed Bonded Agents; self-insurance; survey labels ...... HB 708 Lake Lanier Islands Development Authority; add two members; selection; terms ................................................................... SB 99 Land Use Plans; Regional Development Centers Joint Study Committee ....... SR 190 Landfills; solid waste disposal; proximity ground-water recharge area .......... SB 185 Landfills; solid waste disposal; specified distance certain rivers ................ SB 215 Mountains, River Corridors, Wetlands; protection; standards, procedures ....... HB 643 Oil or Hazardous Substance Spills or Releases; reporting; definitions........... SB 142 Parks, Historic Sites, Recreational Areas; parking permits; intent.............. HB 706 Property Conveyance; City of Thomson ...................................... SR 90 Radiation; commercial sterilization; licensees; bond amount; regulation of tanning facilities ............................... HB 894 Rails-to-trails; local recreation purposes; encourage............................ SR 25 Recycled Paper Products; state purchasing requirements....................... HB 36 Recycled Paper Products; urging Senate offices to purchase .................... SR 66 River Corridors; coordinator of comprehensive assessment of rivers ........... .HR 110 Samuel Thomas Cofer; dedication of Regional Headquarters Building in Brunswick for ......................................................... HR 337 Shellfish; oysters, clams; regulation of harvesting and taking .................. HB 323 Solid Waste; disposal facilities on CERCLIS site list; limit permits ............ SB 242 Solid Waste Handling Facilities; major permit modifications; vertical expansion; limitations; public hearings .................................... HB 182 Solid Waste Management; landfills; additional disposal restrictions ............ SB 240 Southeast Growth and Economic Development Study Committee; create ....... SR 285 State Arboretum of Georgia; designate the Thompson Mills Forest ............ SR 129 State Arboretum of Georgia; designate Thompson Mills Forest................ HR 225 State Parks; lodges or cabins; collection of certain excise taxes ................ HB 420 Stone Mountain Memorial Association; add two members; selection; terms ...... SB 98 Timber Revenue Fund; create to fund public hunting, fishing areas ........... SB 271 Urban Policy Study Commission; creation ................................... SR 166 Volunteer Services Program; establishment and operation of .................. SB 272 Warm Springs Hydrotherapy Pool Complex; negotiation of long-term lease ..... HR 352 Water or Waste-water Facilities; grants; enforce toilets, showers, faucet requirements; prohibited sales............................................ HB 605 Water Pollutants; phosphorus discharge limitations; Chattahoochee River ...... SB 381 Water Pollution Control; Chattahoochee River; limit phosphorus discharge .... HB 814 Water Pollution Control; CSOs sewage discharge; plans to eliminate ........... SB 196 Water Pollution; surface water; violations; orders of abatement................ HB 648 Water Resources Conservation Management Study Committee ............... .HR 348 Water Resources; oil pollution; responders; removal costs; permits ........... SB 179 Water Supply; southeastern region; committee to study allocation ............. SR 153 Water Well Construction; contractor licenses; performance bonds.............. HB 561 Water Well Standards Advisory Council; extend to 1997.................... HB 616 Watering Restrictions; newly installed landscaping; urge exemption ........... SR 179 Watson Mill Bridge State Park; lease of abandoned hydroelectric plant ....... SR 198
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2522

JOURNAL OF THE SENATE

NATURAL RESOURCES AND CONSERVATION (Continued) Wetlands Conservation Study Committee; creation ............................ HR 19 Wetlands Mitigation; acquisition of property for public roads ................. HB 674

NATURAL RESOURCES OFFICERS, CORPORAL HARRY R. CARTER AND RANGER ERIC SANDERS; commend ............................. SR 211

NELSON, HOYT L.; compensate .................................. HR 184

NESSMITH, BEN; recognize .......................................... SR 132

NEW BIRTH MISSIONARY BAPTIST CHURCH; commend

SR 62

NEWNAN, CITY OF; Newnan-Coweta County Airport Authority; membership ............................................................. HB 1051

NEWS MEDIA Insurers; duty to publish notice of rate filing .............................. SB 28 Judicial Sales; which newspaper shall advertise judicial sales .................. SB 431 Motor Vehicles Accident Reports; access to records .......................... HB 133 Newspapers; publication of local boards of education meeting notices .......... HB 403 Publication of Persons Convicted DUI Offenses ............................... HB 63 The Georgia Register; provide; publication of governmental actions ............ SB 379

NEWTON COUNTY Ad Valorem tax; homestead exemption; county, school taxes; referendum . . . . .HB 1005 Board of Education; compensation.......................................... HB 327 Industrial Development Authority; additional revenue bond issuance......... HB 326

NOTLA WATER AUTHORITY; service area geographic boundaries; City of Blairsville facilities located Nottely River ...................... HB 940

NONPROFIT ORGANIZATIONS (Also See Charitable Organizations or Commerce or Corporations) Bingo Games Operated for Patients; exception to licensing requirement........ SB 120 Charitable Grants by Counties of More than 550,000; conditions ............ SB 86 Charitable Organizations Soliciting Contributions; registration................. SB 163 Georgia Nonprofit Corporations Code; comprehensive revision................. HB 226 Volunteer Transportation Sponsored by Human Services Agency; tort immunity .......................................................... HB 555

NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS ACT OF 1990 Application and Renewal; special administrative fees ......................... HB 318 Exemption; certain medical school.......................................... HB 582 Exemption; ministerial, religious training.................................... SB 407
Revisions; personnel qualifications; permits; bonds; filing complaints; fines...... HB 317 Tuition Guaranty Trust Fund; participation fees; default claims............... HB 319

NORCROSS, CITY OF; council-manager form of government.......... HB 553

NORTH FULTON COUNTY, CITY OF; incorporation, boundaries, powers................................................................... SB 452

NORTHSIDE MIDDLE SCHOOL; recognize............................... SR 101

NUISANCES Bus Shelters Improperly Erected, Maintained; removal by owners ............. SB 158 Code Title 41; errors and omissions corrections; revisions ..................... HB 167

NURSE OF THE DAY; Alice Kaufmann serve for session ................... Page 28

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2523

NURSES Loans from Hospital Authorities to Obtain Educational Training .............. SB 281 Physician's Assistants, Regulation of, Study Committee ...................... SR 232
NURSING AND PERSONAL CARE HOMES Bingo Games Operated for Patients; exception to licensing requirement........ SB 120 Certificate of Need; abolition of the Health Planning Agency ................ SB 125 Facilities Licensed by DHR; violations; disciplinary sanctions ................. SB 235 Handicapped Persons; independent living; personal assistance program. ......... SB 68 Health Care Providers; accreditation review; records disclosure ................ HB 758 Long-term Care Facilities; security of residents' funds; bank letter of credit ... SB 186 Long-term Care Facilities; violations; closure; relocation of residents; receivership as alternative ............................................... SB 211 Long-term Care; patient abuse; confidentiality of reports; immunity ........... SB 212 Nursing Homes; required equipment; fire sprinklers; installation............... SB 182 Patients; cardiac or respiratory arrest; orders not to resuscitate ................ SB 93 Personal Care Homes; directors; employers; hearings to mitigate convictions barring license or employment ........................................... HB 389 Violations; post cited deficiencies; distribute to residents ..................... SB 213 War Veterans Nursing Homes; Augusta, Milledgeville; administrator ............ SB 48
o
OBSTETRICIANS; Obstetrics, Senate Study Committee; creating ............. SR 20
OCCUPATIONAL THERAPISTS; licensure; qualifications; examinations; permits; assistants; use of certain treatment techniques ....................... HB 474
OCONEE COUNTY; Board of Education; school superintendent appointment; referendum............................................................ HB 800
OFFENDER REHABILITATION (See Corrections)
OFFICE OF PLANNING AND BUDGET Director; membership, Georgia Education Authority (University) .............. SB 167 Director; membership on State Financing and Investment Commission; amend Constitution ............................................. SR 200 Duties; calculate salary adjustments of county governing authorities ........... SB 200 State Agencies; 5-year program review; Cost-Benefit Review Act of 1991 ....... SB 410 State Employees; overtime pay and compensatory time off; relative to .......... SR 18 State Government Expenditures; legislative committee to study ................ SR 24 Urge Review Hiring Freezes; Employee Understaffing in State Institutions .... SR 23
OFFICIAL CODE OF GEORGIA (See Code of Georgia)
OFFICIAL DOG OF GEORGIA; designate the Golden Retriever .......... SB 352
OGLETHORPE POWER CORPORATION; Property Conveyance; easements for utility lines; various locations ........................................... HR 160
OLMSTEAD, SENATOR TOMMY Excused due to personal business ....................................... Page 2180 Excused to attend a funeral ............................................ Page 1139
OLYMPIC GAMES, XXVI SUMMER OLYMPIAD, 1996 Billy Payne, President, Atlanta Organizing Committee; commend............... SR 99 Cochran Mill Park for Olympic Equestrian Events; endorse................... SR 307 DeKalb County; site for 1996 Olympic tennis events; support .............. SR 220
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2524

JOURNAL OF THE SENATE

OLYMPIC GAMES, XXVI SUMMER OLYMPIAD (Continued) General Assembly Joint Session to Recognize Organizers ....................... SR 6 License Plates; special commemorative; request issuance 1995 .................. SR 69 Motor Vehicle License Plates; commemorative issuance; use of logo............ HB 261 South Fulton County Residents; commend support for Olympic sites .......... SR 261 South Fulton Tennis Center; endorse for Olympic tennis competition .......... SR 139 Wolf Creek Skeet and Trap Club and Cochran Mill Park; endorse Olympic event sites ............................................................. SR 217
OPEN BOTTLE BILLS Alcoholic Beverages; possession while driver or passenger; penalties ............ SB 156 Alcoholic Beverages; possession while driving; penalty ......................... HB 11 Alcoholic Beverages; restrictions on possession in vehicles...................... SB 52
OPEN MEETINGS, RECORDS; Administrative Investigations; complaints against law enforcement ................................................... SB 146
OPTICIANS, OPTOMETRISTS; Sale or Dispensing of Contract Lenses; licensed persons .......................................................... SB 299
OVERBY, HONORABLE HOWARD T.; condolences to family ........... SR 260

PARAMEDICS (See Emergency Medical Services)

PARDONS AND PAROLES Drug Trafficking; persons convicted; mandatory term of imprisonment ........ SB 439 Drug Trafficking; persons convicted; no pardon, no parole ............... SB 438 Drug Trafficking; persons convicted prohibited pardon or parole. .............. SR 238 Parole Guidelines; inmates reading below 5th grade level; instruction .......... HB 244 State Board; membership; Advisory Council Courts Automation Commission . . HB 215

PARENT AND CHILD (Also See Domestic Relations or Minors) Actions Behalf of Injured Minor Child; period of limitation ................... SB 305 At-risk Children and Youth; resources, services; goals and policies ........... SB 104 Child Custody; best interest of child criteria ........................... SB 210 Child Custody; state policy on contact with parents, grandparents ............. SB 208 Child Support; amount computed net income; special circumstances ............ SB 19 Children and Youth Legislative Overview Committee; family needs ............ SB 105 Inheritance; child born out of wedlock; parentage-determination evidence ...... HB 251 Parental Rights; termination orders; transmit Human Resources Department ... HB 29 Surrogate Parentage; void and unenforceable contracts ......................... SB 1 Visually Impaired Parent or Guardian; restricted driving permit for child ...... HB 247

PARIMUTEL BETTING; all forms of pari-mutuel betting and casino gambling prohibited ......................................................... HR 7

PARKER, CHARLA, 1990 WATERMELON QUEEN; commend

SR 244

PARKS AND RECREATION Biking, Hiking Trails; urge apply for federal funds............................ SR 19 Georgia Mountain Fair; Official State Fiddlers Convention ............... HR 233 Lake Lanier Island Development Authority; add two members; selection; terms ................................................................... SB 99 Municipalities; contracts; cooperative management ........................... SB 169 Natural Resources Department; volunteer services program established ....... SB 272

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INDEX

2525

PARKS AND RECREATION (Continued)

Rails-to-trails; abandoned rights of ways, corridors; conversion for

recreational purposes ..................................................... SR 25

Rails to Trails; convey property; McQueen's Island; Chatham County........... SR 96

Recreation Supervisors; certified personnel; licensure; qualifications ............ SB 107

State Parks; Historic Sites; Recreational Areas; parking permits ............... HB 706

Stone Mountain Memorial Association; add two members; selection; terms

SB 98

PATIENTS (Also See Medical Practice) Hospital Liens for Care, Charges; claims; filing; time period................... SB 170 Long-term Care Facilities; security of payments made on behalf; bank letter of credit ........................................................ SB 186 Medical Records; access by long-term care ombudsman programs........ SB 87 Mental Health; involuntary treatment review; privileged communications ... HB 408 Mental Health; voluntary, involuntary patient care; revise procedures .......... HB 889 Right to Instruct Orders Not to Resuscitate; procedures ....................... SB 93 Surgical or Medical Treatment; persons authorized to give consent ............ SB 143

PAULDING COUNTY County Payments for Additional Assistant District Attorney .................. HB 493 Operation Desert Storm; support men and women serving .................... SR 137 Superior Court; judges; district attorney; county supplement .................. HB 947

PAULDING COUNTY HIGH SCHOOL BAND AND DIRECTORS; commend ................................................................ SR 119

PAUPERS; Burials; interment expenses ..................................... HB 476

PAWNBROKERS Licensing of Pawnbrokers Who Engage in Sales of Automobiles ............... HB 594
Pawnshop Transactions; vehicle storage fees ................................. SB 336

PAYNE, WILLIAM PORTER "BILLY" Commend as President, Atlanta 1996 Olympic Organizing Committee ...... SR 99 Olympic Games of 1996 Organizer; joint session to recognize ......... SR 6

PEACE OFFICERS (Also See Law Enforcement) Certified Reserve Officers; carrying of weapons, firearms ....................... SB 53 Housing Authority Police; certification and training .......................... HB 231 Law Enforcement or Peace Officers; complaints against; administrative investigatory records; disclosure procedures................................ SB 146 Marshals of the Magistrate Court; training requirements ..................... SB 346 Offense of Simple Battery Against Officers, Enforcement Dogs; penalty .... SB 255 Training Fund; disbursements; allocation; state and local officers .............. SB 164

PEACE OFFICERS ANNUITY AND BENEFIT FUND Beneficiary Records; errors of overpayment or underpayment; correction ....... HB 484 Creditable Service; purchase of prior service; change time limit ............... SB 122 Membership; eligibility; 16 years of service .................................. SB 341

PEACH COUNTY; Hospital Authority; membership; filling of vacancies....... HB 1058

PEANUT PROMOTION; Turner County Peanut Monument; proclaim as state monument ............................................... SR 327

PENAL INSTITUTIONS (See Corrections)

PEPPERELL HIGH SCHOOL FOOTBALL TEAM; commend

SR 162

PERDUE, SENATOR SONNY; excused due to illness.................... Page 1319

PERRIN, JOEL CHRISTOPHER; express regrets at passing

SR 124

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2526

JOURNAL OF THE SENATE

PERSIAN GULF CRISIS, OPERATION DESERT STORM Commend President Bush and Operation Desert Shield personnel ............... SR 9 Georgia National Guard; support members serving ............................ SR 61 National Guard, Georgia Army and Air; expressing support for................. HR 72 Operation Desert Storm; Multinational Coalition Nations; appreciation to ...... SR 133 State Employees; ordered military duty; employment, retirement rights ......... SR 60 State Employees Ordered Military Duty; employment rights ................... SR 31

PERSONAL ASSISTANCE PROGRAM FOR PERSONS WITH DISABILITIES ACT; enact

SB 68

PERSONAL CARE HOMES (See Health, Day Care, Nursing Homes, or Health Care Facilities)

PESTICIDES; State Structural Pest Control Commission; research fees on licenses ............................................................... SB 416

PETROLEUM PRODUCTS (See Gasoline)

PHARMACISTS, PHARMACIES Mail-order Pharmacy Distributors; prohibitions for health insurers ............ HB 279 Medicaid; prescription drug prior authorization requirements ................. SB 234

PHILLIPS SCHOOL OF THEOLOGY FOUNDER'S DAY; recognizing SR 187

PHYSICIANS (Also See Medical Practice or Professions or Health)

PICKENS COUNTY Board of Commissioners; create ............................................ HB 976
School District Ad Valorem Taxes; homestead exemption; certain residents..... HB 830

PIERCE COUNTY; Board of Commissioners; members; increase compensation............................................................. SB 398

PIERCE, JASON, 4-H NATIONAL CHAMPION; commend

SR 48

PIERCE, JEFFREY, 4-H NATIONAL CHAMPION; commend

SR 49

PIKE COUNTY Pike Clean and Beautiful Authority and Recycling Program; creation .......... HB 899 School District Taxes; homestead exemption; certain residents ................ HB 593

PINE LAKE, CITY OF; new charter ........................ HB 864

PISTOLS (See Firearms and Weapons)

PLANNING COMMISSIONS (See Authorities or Development Authorities)

POLICEMEN (Also See Law Enforcement Officers and Agencies) County, Municipal Officers; urge improvement of retirement benefits .......... SR 225 Posses, Auxiliaries, Voluntary Law Enforcement Officers Study Committee ..... SR 222

POLITICAL ACTION COMMITTEES; Contributions; disclosure requirements .............................................................. SB 20

POLK COUNTY County Payments for Additional Assistant District Attorney .................. HB 493 Operation Desert Storm; support men and women serving .................... SR 138 Superior Court; judges; district attorney; county supplement .................. HB 947 Superior Court; Tallapoosa Circuit; commence term in March and July ........ HB 374

POLK, STEVE; designate Steve Polk Plaza, front of Georgia Railroad Depot; erect marker ............................................................. HR 162

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2527

PORTS AUTHORITY, GEORGIA; Vandiver Island; rename Colonel's Island, Glynn County, honoring former Governor S. Ernest Vandiver .......... SR 248

POSTSECONDARY TECHNICAL AND ADULT EDUCATION FINANCE STUDY COMMISSION; creation ........................... SR 205

POULTRY PRODUCTS Georgia Poultry Industry; recognize contribution to economy .......... SR 127 Georgia Poultry Products Inspection Act; enact................. SB 36 Poultry Marketing; urge additional credit guarantees to Soviet Union.......... SR 113

POWDER SPRINGS, CITY OF; amend charter

SB 332

PREGNANT FEMALES; drug users; priority admission drug treatment programs................................................................. HB 276

PRESCRIPTION MEDICATIONS (See Pharmacists or Health or Drugs)

PRISONS (See Corrections)

PRIVILEGED COMMUNICATIONS; Persons Officially Performing Investigatory Duties; truthful reports ....................................... SB 285

PROBATE COURTS Books, Dockets, Indices; computerized record keeping ........................ HB 537 Costs for Certain Services; change fees...................................... HB 537 Judges; duties; applications for pistol, revolver licensure .............. SB 45 Judges; nonpartisan primaries and elections; procedures ....................... SB 62 Judges; office business hours, time period, days .............................. SB 291 Judges Retirement Fund; board of commissioners; additional member .......... SB 46 Judges Retirement Fund; cost-of-living benefits; calculation .................... SB 47 Judges Retirement Fund; creditable service; benefits calculation ................ SB 60 Judges Retirement Fund; eligibility; age 55 with 10 years of service ........... SB 337 Judges Retirement Fund; membership; employees of such funds................ SB 61 Mental Competency to Purchase Firearms; eligibility hearing; cost; fee ..... SB 150 Mental Health Hearings; out-of-county patient; noncounty reimbursement . . . . . HB 213 Misdemeanor Cases; probation supervision services; contracts ................. SB 224 Probation in Probate and Magistrate Courts; Advisory Council created ........ SB 224 Wills; granting letter of administration; uncontested cases .............. SB 41 Wills; lost or destroyed; guardian ad litem; probate in solemn form ........ SB 41 Year's Support; criteria to grant additional year ............................. HB 540

PROBATION Boot Camps; confinement in a special alternative incarceration unit ........... SB 177 Criminal Penalties; collection; deposit of court costs.......................... HB 823 J. Carrell Larmore Probation Detention Center; designate; Fulton County ...... HR 155 Juvenile Court Intake; Probation Services; transfer state-wide system .......... SB 335 Offenders Sentenced Community Service; use for private gain prohibited....... HB 125 Sentences; orders for shortening period; procedure; notices; hearing............ HB 170 Services to Probate and Magistrate Courts; contracts; advisory council...... SB 224 Sexual Contact With Persons In Custody; penalty for sexual assault........ SB 57

PROFESSIONAL STANDARDS COMMISSION; certification of school personnel ................................................................ HB 589

PROFESSIONS AND BUSINESSES (Also See Commerce and Trade) Architects, Landscapers, Engineers, Contractors; intent to defraud; theft; conversion of payments for property improvements ........................ SB 132 Athletic Trainers; revise definitions; state board members residency ........... HB 437 Attorneys; restrict solicitation of accident victim referrals..................... SB 309

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2528

JOURNAL OF THE SENATE

PROFESSIONS AND BUSINESSES (Continued)

Auctioneers; license fees; underwrite special fund; claims, payments ........... SB 161

Auctioneers; licensure; continuing education; reciprocity; fees. ................. SB 160

Certified Public Accounts; educational requirements.......................... HB 351

Charitable Solicitations; registration; financial statements ..................... SB 163

Chiropractors; clinical laboratory examination of specimens ................... HB 328

Code Title 43; errors and omissions corrections; revisions ..................... HB 167

Conditioned Air Contractors; licenses; renewal; regulation; display ............. HB 295

Cosmetologists; registration; renewal of certificates; requirements

..... SB 181

Dental Hygienists; committee to study licensing ............................. SR 277

Dentistry, Practice of; definition............................................ HB 315

Dentistry; practicing without a license; felony penalty ........................ SB 159

Dentists; names of dentists practicing at a location; post at entrance .......... HB 849

Dentists or Dental Hygienists; license renewal; continuing education ............. HB 3

Driver Training Schools; two-year licenses; fees; minimum surety bond ........ HB 824

Electrolysis, Practice of; regulate; provide for certification .................... SB 409

Employee Leasing Companies; defined, Employment Security Law............. HB 303

Engineers and Surveyors; professional certification; qualifications; define

land surveying .......................................................... HB 143

Food Sales; egg products; dealers, wholesale or retail; licensure ................ SB 126

Funeral Directors and Embalmers; apprenticeships; registration ............... HB 576

Geologists; registration; qualifications; specialty certification................... SB 188

Health Care Providers; accreditation review; records disclosure ................ HB 758

Health Care Providers; inducement to attract patients; deceptive practice ..... HB 774

Hearing Aid Dealers, Dispensers; licensure; apprentice permits; nonresidents . . SB 222

Insurance Administrators of Certain Plans; licensure; revocation............... HB 776

Interior Designers; registration; certification; qualifications ................. SB 168

Land Surveyors; regulation; redefine "land surveying" ...................... SB 197

Midwifery; committee to study certification program ......................... SR 253

Midwifery; practice without certificate of authority; penalty................... SB 194

Motor Vehicle Franchises; distributor protection; dealer warranty

reimbursement ......................................................... HB 646

Occupational Therapists; license; examination; qualifications; permits .......... HB 474

Opticians, Optometrists; persons licensed to dispense contact lenses ........... SB 299

Pest Control; research fees on licenses ...................................... SB 416

Physicians; restrict solicitation of accident victim referrals .................... SB 309

Private Detective, Security Companies; licensure; exceptions; suspensions ...... HB 772

Psychologists; authorize treatment of certain mental health patients ........... HB 889

Psychologists; scope of practice relating to mental health treatment ........... HB 408

Psychology, Practice of; change licensing requirements ....................... SB 338

Real Estate Appraisers; licensing; certification; registration............ SB 82

Real Estate Brokers, Salespersons; licenses; revise requirements, qualifications;

nonresident reciprocity; revocation; regulations............................. HB 224

Taxidermists; licensing requirements; create state examining board ............ SB 333

Therapeutic Recreation; certified personnel; licensure; qualifications ........... SB 107

Utility Contractors; conditions to install underground piping for fire

sprinkler systems ....................................................... HB 272

Veterinarians; scope of practice; dental procedures ........................... HB 446

Water and Wastewater Treatment; operators or lab analysts; certification ...... HB 558

Water Well Construction; contractor licenses; performance bonds .............. HB 561

Water Well Standards Advisory Council; extend to 1997...................... HB 616

PROPERTIES COMMISSION (See Property Conveyances or State Government)

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INDEX

2529

PROPERTY Acquisition for Airport; condemnation powers exercised extraterritorially... SB 173 Acquisition for Public Road Purposes; wetlands mitigation.................... HB 674 Acquisition for Transportation Purposes; compensation hearing; testimony ...... SB 88 Ad Valorem Tax; assessment; appeal procedures; filing tax returns ............ SB 103 Ad Valorem Tax; assessment; appraisal staff allowed entry upon property ...... HB 264 Ad Valorem Tax; assessment; current use value; farm, timber, environmentally sensitive lands and residential transitional properties ....................... HB 283 Ad Valorem Tax; disapproved county digests; appeals procedures ............. HB 412 Ad Valorem Tax; fair market value criteria; land use restrictions .............. HB 233 Ad Valorem Tax; homestead exemption; improvements to leased property...... SB 440 Ad Valorem Tax; levy to finance services for at-risk children ................. SB 424 Ad Valorem Tax; reappraisal; changed valuation on appeal; tax notices ........ HB 257 Ad Valorem Tax; time for making tax returns; dates .......................... HB 93 Airports; acquisition by condemnation outside county, municipal boundaries prohibited; repeal 7-1-92............................................. HB 548 Armed Forces Veterans Post Headquarters; ad valorem tax exemption ......... SB 280 Burial Places; permits to disturb; disinterment, reinterment................... HB 402 Code Title 44; errors and omissions corrections; revisions ..................... HB 167 Condemnation; seizure; unlawful killing of deer at night; retention ........ HB 811 Construction Labor or Material Obligations; issuance of bad checks ........... SB 131 Criminally Derived; illegal drug activity; prohibit sell or exchange ............. HB 324 Dedicated for Cemetery Use; construction of a funeral establishment .......... SB 236 Deeds or Other Instruments of Commercial Agencies; execution under seal; validity ................................................................ SB 267 Deeds to Secure Debt; satisfaction or cancellation; time limit; damages ......... HB 97 Dispossessory Proceedings; issuance of summons; magistrate court clerk or deputy clerk...................................................... HB 569 Documents Pertaining Real Estate or Personal Property; filing fees............ HB 290 Eminent Domain; powers of cities of 350,000; public works projects............ HB 615 Forfeiture Proceedings; vehicles seized for DUI violations...................... HB 66 Forfeiture Proceedings; violations Georgia Controlled Substances Act ........... HB 72 Forfeiture Under Controlled Substances Act; proceeds distribution ............. SB 73 Forfeiture Under Controlled Substances Act; seizure, disposition .............. SB 114 Head of Household; definition; relative malt beverage home production ........ HB 62 Insurers Rehabilitation and Liquidation Act; enact........................... SB 347 Land Acquisitions or Transfers; publication; Georgia Register Act ............. SB 379 Land-disturbing Activities; Environmental Policy Act enacted .............. SB 97 Land-disturbing Activities; protection of mountains; river corridors ............ HB 643 Land Surveying; definition; platting and layout of land, boundaries............ SB 197 Land Surveyors; definition; professional surveyors certification ................ HB 143 Liens for Federal Taxes; fees for filing and indexing ......................... HB 290 Liens; hospitals; patient charges; claims; filing; time period ................... SB 170 Liens; laundries, cleaners, dyers, tailors; sale of goods to satisfy ............... SB 243 Liens; mechanics' and materialmen's; claimant notify property owner or contractor ............................................................. HB 223 Liens of Hospitals; delete reference to loss of income benefits .............. SB 110 Liens; performance of labor or providing materials used improve real estate ... HB 528 Liens; unpaid water service charges; notice to owner ......................... SB 254 Mobile Homes; owners, parks, associations; practices, procedures .............. SB 228 Municipal Corporate Boundaries; minimum distance exceptions ............... SB 119 Pawnshop Transactions; vehicle storage fees ................................. SB 336 Personal; custody of law enforcement; disposition; evidence; return ............ HB 531 Probate Court Costs for Specific Services; increase charges ................... HB 537
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2530

JOURNAL OF THE SENATE

PROPERTY (Continued) Real Estate Appraisers; licensing; certification; qualifications ................. SB 82 Real Estate Transfer Tax; exemption; deed of assent or distribution ........... HB 563 Residential Areas; notify residents of military practice maneuvers ............. SB 15 Residential; limit location of toll road collection facilities ..................... SB 400 Residential; private roads, streets; vehicle traffic enforcement ................. HB 671 Residential; security deposits; military personnel; liability for rent ............ HB 134 Restrictive Covenants; actions for building set-back line violations............. HB 259 Restrictive Covenants Running With Land; continuation ..................... SB 133 School Property Tax Digests; assessment-ratio studies; exclusions .......... SB 201 Seizure; Motor Vehicle Chop Shop and Stolen and Altered Property Act....... SB 230 State Properties Commission; terminate lease to Consolidated Atlanta Properties, Ltd ......................................................... SR 196 Taxpayer Appeals; surety bonds; property value, interest ..................... HB 340 Trespass; removal of improperly parked cars; liens for storage fees ............ SB 339 Trustees; reenact Georgia Trust Act; comprehensive revision .................. HB 794 Watering Restrictions; newly installed landscaping; urge exemption ............ SR 179 Willful Damage or Theft; owner's right of action; recovery of damages ......... SB 184 Zoning Actions; disqualified officials; conflicts of interest; disclosure ............ SB 67 Zoning; review procedures; encourage county planning commission............. HB 825
PROPERTY CONVEYANCES Baldwin County; convey to Board of Education for elementary school .......... SR 90 Baldwin County; Georgia War Veterans Cemetery; land exchange with Garvis Youngblood; sell certain tract to Kay Epps ............................... SR 106 Bartow County; convey RR depot property to City of Adairsville ............. HR 103 Brantley County Board of Education for Middle School .................... SR 140 Calhoun County, City of Edison; easement for gas pipeline through Calhoun Correctional Institution................................................... HR 73 Chatham County; lease to City of Savannah for recreation complex............. HR 80 Chatham County; McQueen's Island; convey abandoned railroad right of way for hiking, hiking trail ............................................. SR 96 Cobb County-Marietta Water Authority; water distribution system easement ... SR 40 Consolidated Atlanta Properties, Ltd., CAPCO; termination of lease ........... SR 196 Dawson county; easement to Oglethorpe Power Corporation for power line ...... SR 42 Dodge County, City of Eastman; easement for sewer line through Eastman Youth Facility ........................................................... HR 73 Dougherty County; land exchange with Albany Technical Institute ............ HR 150 Early County; easement for underground audio transmission cable............. SR 44 Easement for Utility, Telecommunication or Sanitation Facilities through State Property in 10 Counties............................................ HR 160 Fannin County; easement, Blue Ridge Telephone Company for cable ........... HR 80 Floyd County; Fannin Campus convey tract to City of Cave Springs............ HR 74 Fulton County; easement and property exchange with Georgia Power Company for electric power transmission line............................ SR 67 Fulton County; exchange tracts for Georgia Dome Project site from Stanley Rinzler, et. al. ........................................................... SR 68 Gilmer County; easement, Blue Ridge Telephone Company for cable .......... HR 80 High Falls and Watson Mill Bridge State Parks; lease of abandoned hydroelectric plants to Fall Line Hydro Company, Inc. ..................... SR 198 McDuffie County; conveyance to City of Thomson for storage facility ....... SR 90 Monroe County; easement to Southern Bell Telephone Co. for cable......... SR 55 Pulaski Women's Prison; easement to Oglethorpe Power for power line ........ SR 140 Richmond County; convey certain premises of Georgia Regional Hospital to Board of Health.................................................... HR 74
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PROPERTY CONVEYANCES (Continued) Seminole County; sell to Lewis M. Carter Manufacturing Co. surplus property of State Patrol .......................................................... SR 45 Troup County; Georgia Forestry Commission; audio transmission cable easement................................................................ SR 39 Warm Springs Hydrotherapy Pool Complex; negotiation of long-term lease to interested private parties.............................................. HR 352 Wayne County; easement for thoroughfare; Altamaha Technical Institute ....... SR 94 Whitfield County; Abutment Road maintenance; grant easement ............... SR 41

PRUETT, DARLA, MISS GEORGIA 1990; commend

SR 206

PRYOR, JAMES JARRATT, ATHENS LAW ENFORCEMENT AWARD; commend ............................................................... SR 27

PSYCHOLOGISTS Licensing; requirements; qualifications; sanctions; provisional.................. SB 338 Permit Certain Functions Relating to Mentally 111, Mentally Retarded, Alcoholic and Drug Dependent Persons ................................... HB 889 Scope of Practice; perform certain acts which physicians may perform ......... HB 408

PUBLIC ADJUSTERS; claims arising motor vehicle accidents................ SB 309

PUBLIC ASSISTANCE (Also See Social Services or Human Resources or Medical Assistance) AFDC Children; eligibility; school attendance; request federal waiver .......... SR 229 AFDC; Educational Reinvestment Act for AFDC Families, Children ........... SB 198 Checks Awarded Recipients; banks required to cash........................... SB 12 DFACS; families with dependent children; school attendance required ........... SB 7 Medicaid; nursing home providers; require fire sprinkler systems .............. SB 182

PUBLIC OFFICERS AND EMPLOYEES (Also See State Employees or State Government) Annual Reports to General Assembly Members; revise dispensing method ..... SB 176 Auditor, State; annual budget estimates; Cost-Benefit Review Act of 1991...... SB 410 Candidates for Elected Public Office; campaign expenditure limitations ....... SB 239 Children and Youth Coordinating Council; executive director; personnel ....... SB 370 City Clerks; training classes; Georgia Municipal Training Institute............. HB 287 Clerk of the House of Representatives; succession to office .................... HB 173 Code Title 45; errors and omissions corrections; revisions ..................... HB 167 Coroners and Deputies; qualifications; training; death investigations ........... SB 33 Coroners; autopsies; consent requirements; exception ........................... SB 3 Correctional Industries; executive officer; compensation ....................... HB 763 Correctional Officers; service retirement allowance at age 55 .................. SB 187 District Attorneys, State Court Solicitors; ordered military duty............... SB 112 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991........... HB 933 Education, Office of Commissioner; creation; amend Constitution .............. SR 150 Elected Officials; election by plurality of votes cast .......................... SB 306 Elected Officials; ineligible employment until certain time period .............. SB 165 Election by Plurality of Votes; certain state officials; amend Constitution ...... SR 169 Elections; special; municipal special; uniform dates; exception ................. HB 195 Emergency Management; local directors; qualifications; requirements .......... HB 241 Emergency Management Rescue Specialist; indemnification ................... HB 238 Employees of DHR Mental Retardation Service Centers; health benefits ....... SB 444 Employees' Retirement; retirees; beneficiary; predeceased spouse .............. SB 166 Employees' Retirement System; creditable service; legislative part-time service.. SB 447 Environmental Protection Division; director; appointment ..................... SB 30 Environmental Protection Division; director; appointment ................ SB 40

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2532

JOURNAL OF THE SENATE

PUBLIC OFFICERS AND EMPLOYEES (Continued) Environmental Protection Division; director; appointment; removal ............ HB 274 Environmental Protection Division; director; appointment; salary .............. SB 102 Firefighters' Bill of Rights; allegations; rights under interrogation ............. SB 296 General Assembly; former members; issuance of identification cards ........... SB 220 General Assembly; members; oath of office; state court judges administer ..... HB 427 General Assembly; members; reimbursable expenses; documentation ............ SB 54 Georgia Housing and Finance Authority; membership; powers; duties ..... SB 95 Governing Bodies; filling of vacancies in office; appointments ................. HB 235 Governor; elect, serve one 6-year term of office; amend Constitution ............ SR 16 Grievances; filing procedures; provide an Arbitration Commission. ............. SB 106 Hazardous Chemical Protection and Right to Know Act of 1988; amend and delete certain regulations, provisions .................................. HB 217 Hazardous Waste Management Authority; executive director; appointees ........ SB 94 Indemnification; local officials, employees; furnish a defense to actions against such persons .................................................... SB 279 Indemnification; Public Service Commission law enforcement personnel ....... SB 377 Insurance Commissioner; service of action and process ....................... HB 902 Insurance; liability; companies assisting state remove asbestos................. SB 342 Law Enforcement Officers; discipline actions; complaint review board .......... SB 203 Law Enforcement Officers, Firemen, Prison Guards, Public Service Commission Personnel; indemnification; applications; time for filing ........ HB 454 Law Enforcement, Posses, Auxiliaries, Voluntary Officers; study committee .... SR 222 Medical Examiners; Coroners; redefine autopsies, limited dissection............ SB 302 Merit System; sick leave; accumulation, utilization; absence notice.............. SB 17 Military Duty Orders; employment, pay, retirement credit rights ............... SR 31 Minority Educator Recruitment, Office of; creation........................... SB 433 Office Hours for Probate Court Judges, County Tax Officials............. SB 291 Office of Planning and Budget; director; membership on State Financing and Investment Commission; amend Constitution .......................... SR 200 Ordered Military Duty; employment, pay, retirement rights .................... SR 60 Political Activities; authority to engage; conditions ................ SB 23 Privileged Communications; investigative reports; defense to libel ............. SB 285 Prosecuting Attorneys' Council; personnel; compensation ..................... HB 679 Public Officials; offense of bribery; abuse of office; penalty ............ SB 72 Public Service Commission; chairman; vice chairman; selection; rotation plan . . HB 829 Recall Act of 1989; revisions; grounds; legal sufficiency; hearings. .............. SB 382 Revenue Commissioner; summons of garnishment; collect delinquent taxes ... HB 333 Secretary of the Senate; succession to office ................................. HB 173 State Militia; orders for state active duty; purposes; conditions................ SB 282 State Patrol Officers; education requirements; disciplinary board .............. SB 172 Tort Actions; liability; waiver of sovereign immunity; limitations .............. SB 415 Workers' Compensation, State Board; senior administrative law judge ......... SB 323 World Congress Center Authority; board of governors; eleven members .... SB 100
PUBLIC RECORDS Access to; reproductions; per page copying fees .............................. SB 345 Business Records; 3-year retention requirements; definitions .................. HB 208 Confidentiality of Records Obtained to Enforce Child Support Orders ......... HB 547 Data, Materials Used Redistricting Purposes; public access; inspection ......... SB 136 Data, Materials Used Redistricting Purposes; public access; inspection ......... SB 139 Disclosure; exemption; internal investigatory records of law enforcement or peace officers ........................................................ SB 146 Juvenile Fingerprint, Photo Files; disclosure conditions ....................... SB 260 Juvenile Proceedings; delinquency cases; records inspection ................... HB 683
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INDEX

2533

PUBLIC RECORDS (Continued) Motor Vehicle Accident Reports; disclosure limitations ....................... HB 133 Proprietary Confidential Information Submitted Public Service Commission; request for protective orders ............................................ SB 420 Reapportionment; legislative, congressional redistricting plans, census data . .... SB 137 Telephone Companies; unlawful disclosure customer's personal records......... SB 297 Vital Records; confidentiality of documents kept judicial offices ............... SB 229 Vital Records; registration of births, death, medical certifications .............. HB 269
PUBLIC SAFETY DEPARTMENT (Also See Motor Vehicles or Law Enforcement) Administration of Georgia Bureau of Investigation as New Division...... SB 74 Administration of Georgia Fire Academy as New Division ..................... SB 74 Administration of Georgia Police Academy as New Division.................... SB 74 Administration of Georgia Public Safety Training Center, New Division. ....... SB 74 Administration of Georgia State Patrol as New Division ................. SB 74 Commissioner; membership; Advisory Council Courts Automation Commission ............................................................ HB 215 Complaints Against Officers; procedures; discipline; rights; review ............. SB 203 Crime Information Center; fingerprint records check, World Congress Center Employees................................................... SB 387 Crime Information Center; reports of stolen vehicles and license plates ........ HB 396 Driver Training Schools; licensure; renewal; fees; minimum surety bond........ HB 824 Driver's License; suspension; unlawful possession of marijuana; reinstatement conditions; reports ...................................................... HB 123 Driver's Licenses; applicant fingerprint information requirements ............ SB 75 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991.......... HB 933 Employees Retirement; employer contributions rate set by trustees ............ HB 43 Georgia World Congress Center Police and Security Guard Training........... HB 928 Indemnification of Law Enforcement Officers; applications; filing .............. HB 454 Juveniles; serious traffic offenses; reporting procedures; sanctions .............. HB 785 Law Enforcement Services; Training Academies; create new department, a commissioner; divisions and directors; "Super-Chief Bill" .................. SB 74 Motor Vehicle Accident Reports; copy fees .................................. HB 122 Motor Vehicle Accident Reports; disclosure; news dissemination; research ...... HB 133 Motorcycle Riders, Passengers; protective headgear requirements .............. SB 247 Peace Officers; training; disbursement of funds; allocation .................... SB 164 State Patrol Disciplinary Board; change composition ......................... SB 172 State Patrol; Donalsonville Post; sell certain surplus property .................. SR 45 State Patrol; qualifications; educational requirements......................... SB 172 State Patrol; witness fees for law enforcement officers ....................... HB 455
PUBLIC SCHOOLS (See Education or Schools)
PUBLIC SERVICE COMMISSION Chairmanship; rotation plan for one term; vice chairman selection ............. HB 829 Consumers' Utility Counsel; management; personnel; extend to 1995 ........... SB 101 Electric Generating Plants; certificated capacity resources; review modification by construction, purchase, sale or expenditures; rates ....... HB 280 Gas Pipeline or Distribution Systems; factors in granting certificate of public convenience; purchase price; rate base .............................. SB 202 Gas Utilities; rate-making proceedings; filing cost of service data .............. HB 514 Indemnification of Enforcement Personnel; applications; filing period .......... HB 454 Law Enforcement Personnel in Line of Duty; indemnification ................. SB 377 Members; future successors to office shall be appointed by Governor on Basis of Qualifications ................................................... HR 332
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2534

JOURNAL OF THE SENATE

PUBLIC SERVICE COMMISSION (Continued) Powers; telephone companies; plans for county-wide calling ................... SB 369 Proprietary Confidential Information; trade secrets; request for protective orders ................................................................. SB 420 Public Utilities; electric, gas, telephone companies; limit alien, foreign ownership of voting stock................................................. HB 12 Special Operating Fees Apportioned Among Utilities; calculation method....... HB 901 Telephones; public pay phone; free emergency calls .......................... SB 206 Telephones; tollfree county-wide calling; urge expand 22 mile radius ........... HR 185 Trucks; household goods or commodity carriers; exempt rate regulation ..... SB 432
PUBLIC UTILITIES AND TRANSPORTATION (Also See Transportation) Air Pollution Control; pollutant emissions sources; permits; fees ............... HB 709 Air Transportation; create Georgia Airport Development Authority ............ SB 244 Amtrak Passenger Rail Service Between Chicago and Florida Through Georgia; endorse ................................... HR 286 Boiler and Pressure Vessels; inspection and fees; cessation orders ............. HB 439 Code Title 46; errors and omissions corrections; revisions ..................... HB 167 Conditioned Air Contractors; licenses; renewal requirements; display........... HB 295 Consumers' Utility Counsel; management; personnel; extend to 1995 ........... SB 101 County Water, Sewer Systems; construction or repair; materials requirements . . HB 693 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 ...... HB 933 Electric Utilities; power plants; certificated capacity resources; modification by construction, purchase, sale or expenditures; rates....................... HB 280 Emergency Telephone 911 Systems; connect local Offices of Emergency Management .................................................. HB 241 Emergency 911 Telephone Systems; public safety answering point; billing ..... SB 289 Energy; urge national strategy to reduce foreign source dependence ...... SR 152 Fall Line Hydro Company, Inc.; lease of abandoned hydroelectric plants ....... SR 198 Fuel Tax Credits; urge extend federal credit for alternate fuels................ SR 105 Gas Utilities; rate-making proceedings; accounting methods ................... HB 514 Motor Carriers Transporting Hazardous Materials; PSC enforcement personnel; indemnification; time for filing ................................. HB 454 Municipal Gas Pipeline or Distribution Systems; acquisition; purchase price; rate base ............................................................... SB 202 Property Conveyance Easements in 10 Counties Through State Property Granted for Utility, Telecommunication or Sanitation Facilities ............. HR 160 Public Service Commission; chairman, vice chairman; selection; rotation plan . . . HB 829 Public Service Commission; future members; appointment by Governor ........ HR 332 Public Service Commission; law enforcement personnel; indemnification....... . SB 377 Public Service Commission; special operating fees; calculation method ......... HB 901 Public Service Commission; submitted proprietary confidential information; trade secrets; protective orders ........................................... SB 420 Public Utilities; electric, gas, telephone companies; limit alien, foreign ownership of voting stock................................................. HB 12 Radiation-generating Sites or Facilities; licensees; bond amount ............... HB 894 Railroad Operations of Georgia Building Authority; property acquisition ....... HB 578 Roads; tollbooth facility; location; distance to residential property ............. SB 400 Rural Telephone Cooperatives; incorporation; filing fees ...................... HB 290 Telephone Companies; unlawful disclosure customer's personal records......... SB 297 Telephones; ADAD equipment and long distance calls; urge FCC regulate ...... SR 168 Telephones; plans by companies for county-wide local calling ................. SB 369 Telephones; public pay phone; free emergency calls .......................... SB 206 Telephones; tollfree county-wide calling; urge expand 22 mile radius ........... HR 185 Telephones; 976, 900 numbers; per call charges; cease, desist orders ........... HB 350
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2535

PUBLIC UTILITIES AND TRANSPORTATION (Continued) TVA; payments in lieu of taxes; apportioned share of gross proceeds .......... SB 195
PULASKI COUNTY Board of Education; elections; filling of vacancies; referendum ................ HB 953 Property Conveyance; Pulaski Women's Prison, easement to Oglethorpe Power Corporation ...................................................... SR 140
PURPLE MARTIN CAPITAL OF GEORGIA; proclaim Elbert County .... SR 123
PUTNAM COUNTY Board of Commissioners; compensation; cost of living increases ............... HB 952 Hospital Authority; staggered terms ........................................ HB 879 Magistrate Court; additional magistrate and term; compensation .............. SB 419 State Court; judge, solicitor, other personnel; insurance, compensation ......... SB 343

Q
QUALITY BASIC EDUCATION ACT (See Education) QBE Formula; base program weights; instructional costs; computation; high school extended day; middle grades programs; media centers ................ SB 217 Student Assessment, Testing; instruments, procedures, policies ................ SB 328 Student Transportation Costs; school bus driver longevity increases ........... HB 557

R
RABUN COUNTY Board of Education; appoint future school superintendents; referendum........ SB 329 Superior Court; clerk; change compensation ................................. HB 759
RADIATION-GENERATING SITES OR FACILITIES; licensees; commercial sterilization; tanning equipment; regulate; bond amount ........... HB 894
RADIOS, STEREOS Citizen Band Radio Operators; special license plates; repeal issuance .......... HB 422 Motor Vehicles; devices audible from 100 feet distance; prohibited ............ HB 149
RAILROADS Abandoned Railroad Right of Way; convey property to Chatham County........ SR 96 Abandoned Rights of Ways, Corridors for Recreational Trail Purposes; urge utilize federal funds to acquire ............................................ SR 25 Amtrak Passenger Rail Service Between Chicago and Florida; endorse service through Georgia ................................................. HR 286 Georgia Building Authority; railroad operations; property acquisition .......... HB 578 Grade Crossing Elimination; division of costs; shared parties .................. SB 286 Property Conveyance; CSX Transportation, Inc.; lessee of certain property, Whitfield County ........................................ SR 41 Public Transit Vehicles or Stations; assault, battery; punishment.............. HB 694 Surface and Air Transportation Regional Authority; creation by contiguous counties; membership; powers; bonds; ordinance ........................... HB 919 Vehicles Required to Stop; vehicles carrying hazardous waste or acidic liquids; all school buses ................................................. HB 791
RAND ALL, MRS. JO RIDER, 1991 MOTHER OF THE YEAR; commend SR 257
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2536

JOURNAL OF THE SENATE

RAPE; Victims Under Age 16; exclusion relating to prosecution limitation....... HB 240

RAY, SENATOR WALTER; honoring ....................................... SR 342

REAL ESTATE (Also See Property or Professions) Appraisers; licensing; certification; registration; registry fees; board, members, terms; foresters used federal loan transactions ............................ SB 82 Appraisers; testimony at hearings; property acquired for transportation ......... SB 88
Brokers and Salespersons; licenses; revise requirements, qualifications; nonresident reciprocity, revocation......................................... HB 224
Land Use Restrictions; covenants running with land; continuation ............. SB 133

REAL ESTATE TRANSFER TAX; Exemption; deed of assent; distribution by an executor ........................................................... HB 563

REAPPORTIONMENT
Data, Materials Used Redistricting Purposes; public access ................... SB 136 Legislative, Congressional Redistricting; population criteria, specifications,
boundaries; judicial review ............................................... SB 138 Legislative, Congressional Redistricting; procedures; committee; public
hearings, records access; plans; population criteria; judicial review ........... SB 139 Legislative, Congressional Redistricting; procedures; plans, requirements,
public access; introduction as a bill; census geography ...................... SB 137 Legislative, Congressional Redistricting; procedures; public hearings ........... SB 135

RECALL ACT OF 1989 Judicial Review of Grounds; selection of presiding judge; procedure............. HB 67 Legal Sufficiency; grounds; applications; hearings; superior court .............. SB 382

RECREATION AND PARKS ASSOCIATION; Larry Hanson introduced, remarks................................................................ Page 553

RED CROSS, ATLANTA; Ann Wilcox, introduced ....................... Page 1131

RED CROSS, THE ATLANTA CHAPTER; commend

SR 195

REGIONAL DEVELOPMENT CENTERS Ratify Transfer of Fayette County from Mclntosh Trail to Atlanta Regional Commission ............................................................. HR 15 Regional Development Centers Joint Study Committee ....................... SR 190

REINHARDT COLLEGE CHOIR; commend

SR 183

RELIFORD, JOE LOUIS; commend

SR 35

RELIGION; ministerial training; exemption; Nonpublic Postsecondary Educational Institutions Act ............................................. SB 407

RENTAL BUSINESSES Auto; lease, rental companies; registration as used car dealer.................. HB 594 Auto; vehicle registration and licensing ..................................... SB 307

REPTILES; Poisonous; use in religious service or gathering prohibited ....... SB 21

RESIDENTIAL FINANCE AUTHORITY Abolish; create the Georgia Housing and Finance Authority.................... SB 95 Powers; low income housing credits; revenue bonds; increase bond cap .......... SB 35

RESOURCE CONSERVATION AND DEVELOPMENT COUNCILS; recognize............................................................... SR 280

RESTAURANTS (See Food Service Establishments)

RETAIL GROCERY STORES; Food Products; price labeling requirements. .... SB 65

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RETIREMENT AND PENSIONS Amend Title 47; typographical, errors and omissions corrections............... HB 168 Appellate Court Judges Who Serve Beyond Age 75; exception to mandatory retirement requirements ................................................. SB 153 Benefits; authority of boards of trustees to grant special increases .............. HB 34 Benefits; special increases to offset state income taxation ...................... HB 35 Board of Trustees; state systems; joint investments; pooled trust funds ........ HB 637 District Attorneys; retirees; delete certain restriction ......................... SB 288 Employees Assigned Nonpublic Postsecondary Education Commission ......... HB 317 Employees' Assurance Department; board of directors; change membership ... HB 42 Employees' System; board of trustees; change membership..................... HB 42 Employees' System; correctional officers; retirement at age 55 ............. SB 187 Employees' System; creditable service; Corrections Department employees..... SB 245 Law Enforcement Officers and Agencies; Corrections Department; retirement credit; age 55 with 10 years service ....................................... SB 245 Employees' System; creditable service; forfeited leave ........................ SB 340 Employees' System; creditable service; Judicial Council of Georgia employees .............................................................. SB 445 Employees' System; creditable service; legislative part-time service ............ SB 447 Employees' System; creditable service; out-of-state teaching service ............ SB 109 Employees' System; pension accumulation fund; contributions on behalf members drafted armed forces ............................................ HB 40 Employees' System; retirees; predeceased spouse; remarriage .................. SB 166 Employer Contribution Rates Set by Board of Trustees; certain departments............................................................. HB 43 Fines, Forfeitures, and Fine Add-ons; committee to study purposes ............ HR 347 Firemens' Pension Fund; membership; revise definitions, provisions............ HB 441 Law Enforcement; local officers; urge improve retirement benefits ............. SR 225 Law Enforcement; municipal, county officers; committee to study ............. SR 292 Legislation; condition to introduction; precertification fiscal status .............. HB 33 Peace Officers Fund; creditable service; purchase of prior service .............. SB 122 Peace Officers Fund; errors of overpayment or underpayment ................. HB 484 Peace Officers Fund; membership; 16 years of service ........................ SB 341 Probate Court Judges Fund; board of commissioners; additional member..... SB 46 Probate Court Judges Fund; cost-of-living benefits; calculation .............. SB 47 Probate Court Judges Fund; creditable service; benefit calculation .............. SB 60 Probate Court Judges Fund; eligibility; age 55 with 10 years service ........... SB 337 Probate Court Judges Fund; membership; employees of such fund............ SB 61 Public Employees; retirees; health care benefits; prefunding future cost ........ HB 296 Sheriffs' Fund; increase fees charged in civil actions, remit to fund ............ HB 442 Superior Court Judges; contributions; withdrawal; postretirement cost-of-living benefits ......................................... HB 483 Superior Court Judges; creditable service; state court judge or solicitor ........ SB 149 Superior Court Judges; mandatory retirement age; exception .................. HB 478 Superior Court Judges; senior judges; judges receiving disability benefits ....... HB 429 Teachers; alternative service retirement allowance at 55 years of age........... SB 249 Teachers; board of trustees; add classroom teacher to board ................... HB 42 Teachers; creditable service; certain graduate study .......................... SB 121 Teachers; creditable service; private school teaching service ................... SB 266 Teachers; creditable service; withdrawn contributions; reestablish.............. HB 346 Teachers; members who elect Board of Regents plan; transfer contributions .... HB 78 Teachers; membership; employees of Department of Technical and Adult Education .............................................. SB 148 Teachers; ordered military duty; continuation of employer contributions ....... HB 656
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2538

JOURNAL OF THE SENATE

RETIREMENT AND PENSIONS (Continued) Teachers Retirement; 30 years of service basis; early retirement............... SB 108 Trial Judges and Solicitors Fund; inferior or juvenile court judges; exception to mandatory retirement age.................................... HB 478
REVENUE AND TAXATION Ad Valorem Tax; agricultural preferential assessment; beginning period; unpaid taxes; final settlement period...................................... HB 266 Ad Valorem Tax; appeals; reappraised valuations; tax assessor duties .......... HB 257 Ad Valorem Tax; assessment; current use value; farm, timber, environmentally sensitive lands and residential transitional properties ....... HB 283 Ad Valorem Tax; assessment; taxpayer appeal procedure; filing return ....... SB 103 Ad Valorem Tax; assessments; appraisal staff; entry upon property ............ HB 264 Ad Valorem Tax; county board of tax assessors; elections...................... SB 44 Ad Valorem Tax; dates to open and close books for return of taxes ............ HB 93 Ad Valorem Tax; disapproved county digests; appeals procedures ............. HB 412 Ad Valorem Tax; equalized adjusted school property tax digest; assessment-ratio studies by state auditor; exclusions........................ SB 201 Ad Valorem Tax; exemption; armed forces veterans post headquarters ......... SB 280 Ad Valorem Tax; exemption; standing timber until it is harvested............. HB 283 Ad Valorem Tax; homestead exemption; leased property improvements ........ SB 440 Ad Valorem Tax; levy by referendum for services to at-risk children........... SB 424 Ad Valorem Tax; property fair market value; criteria; consideration of state, federal restrictions, limitations on the land use....................... HB 233 Ad Valorem Tax; school property taxes; committee to study inequities ........ SR 173 Amend Constitution; bills for revenue may originate in either house of General Assembly.............................................. SR 13 Appropriations; general; State FY 1991-1992............................... HB 285 Appropriations; supplemental; SFY 1990-1991 ...................... HB 120 Appropriations; supplemental; SFY 1990-91 ........................ HB 284 Business and Occupation Tax; food caterers; alcoholic beverage license......... SB 319 Code Title 48; errors and omissions corrections; revisions ................... HB 167 Counties, Municipalities, bonds and debt obligations for public facilities requires voter approval ................................................... SR 75 Counties; special 1% sales tax; other revenue for education .................... SR 65 County Tax Commissioner; vacancy in office; special election to fill.......... HB 209 County Tax Officials; office business hours, days ............................. SB 291 Delinquent Taxpayers; garnishment against persons indebted to defendant ... HB 333 Department; employees retirement; employer contribution rate basis ............ HB 43 Department; request issue special 1996 Olympic Games license plates .......... SR 69 Excise Tax on Rooms, Lodgings or Accommodations; county and municipal authority to levy for coliseum, exhibit hall purposes; limitations............. HB 420 Excise Taxes; exempt certain malt beverages produced home consumption ...... HB 62 Fiscal Year of State Government; change to April 1 beginning 1993 ............ HR 32 Freeport Exemption; approval by referendum; election date; time period ....... HB 198 Georgia Trust Act; reenact; comprehensive revision .......................... HB 794 Income Tax; calculating gross income of utilities for Public Service Commission special operating fees ........................................ HB 901 Income Tax; capital gains; additional adjustment ............................ HB 456 Income Tax; credit; employer provided basic skills education program ......... HB 263 Income Tax; deduction; doctors rendering indigent prenatal health care........ SB 356 Income Tax; payment; change time for corporations.......................... HB 338 Income Tax; refund; debt collection; overpayment unemployment benefits...... HB 303 Income Tax; retirement benefits; increased benefits to offset ................... HB 34
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REVENUE AND TAXATION (Continued) Income Tax; withheld employee wages; employer returns, payments; failure to file within prescribed time; penalty ....................................... HB 413 Internal Revenue Code; revise definition; incorporate federal provision ......... HB 335 Lottery; amend Constitution to allow a State Lottery .......................... SR 7 Lottery Operated by State; provide; separate budget category ................... HR 7 Motor Fuel Tax Credits; urge extend federal nonconventional credits .......... SR 105 Motor Fuel Taxes; purposes; financing of public road work ................... HB 808 Municipalities of 350,000 or More; change population figures.................. HB 609 Public Road Work; financing; General Obligation Debt Sinking Fund and Guaranteed Revenue Debt Common Reserve Fund ......................... HB 808 Real Estate Transfer Tax; exemption; deed of assent or distribution ........... HB 563 Revenue Bonds; powers of Georgia Airport Development Authority ............ SB 244 Revenue Bonds; proceeds; authorized investments, deposits ................... SB 175 Revenue Bonds; validation proceedings; duties of district attorney and Attorney General; content of petitions ..................................... SB 42 Sales Tax; food exemption repealed; income tax credit provided ................ HB 1 Sales Tax; special county 1%; other revenue for education..................... SR 65 Sales Tax; special purpose county; educational purposes; amend Constitution. . . SR 159 Sales Taxes; local option or special 1%; referendum; time period for election . . .HB 198 Sales Taxes; payment of tax by contractors; surety bond requirements ......... HB 336 School Property Tax Digests; revise ad valorem tax on timber ................ HB 283 State Financing and Investment Commission; membership of Director, Office of Planning and Budget ........................................ SR 200 Tax Executions; delinquent taxes; administration fee levy ..................... SB 56 Tax on Consumer Rental of Motion Pictures, Videos; proceeds for Children's Trust Fund; amend Constitution ....................................... SR 230 Taxes and License Fees; remittances; dishonored checks or money order; increase penalty ........................................................HB 334 Taxpayer Appeals; surety bonds; value of property title or interest ............ HB 340 Timber Revenue Fund; create to fund public hunting, fishing areas............ SB 271 TVA; payments in lieu of taxes; apportioned share of gross proceeds ......... SB 195 Vehicle Trailers; house, auto, boat; annual license fees ....................... HB 653
REVENUE BONDS Bonds Issued Under Georgia Housing and Finance Authority Act ........... SB 95 General Obligation Debt Sinking Fund and Guaranteed Revenue Debt Common Reserve Fund; financing of public road work...................... HB 808 Residential Finance Authority; increase bonding cap .......................... SB 35 Validation Proceedings; content of petitions; maximum interest rates ........... SB 42
REVISIONS TO GEORGIA CODE (See Code of Georgia)
RICHMOND COUNTY Board of Health; convey parcel of Georgia Regional Hospital, Augusta ......... HR 74 Governing Authority; increase compensation of certain officials ............... HB 1020 Property Conveyance; easement to Southern Bell Telephone Company ......... HR 160 Property Conveyance; Georgia Regional Hospital premises; convey to Board of Health ............................................................ HR 74
RIGHT TO DIE; Patients; cardiac or respiratory arrest; orders not to resuscitate .............................................................. SB 93
RINZLER, STANLEY, ET AL.; property exchange; Georgia Dome Project site.............................................................. SR 68
RIVER CORRIDORS; urge comprehensive assessment, designated state, federal agencies........................................................... HR 110
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2540

JOURNAL OF THE SENATE

RIVERDALE, CITY OF; corporate limits; remove certain property............ SB 402

RIVEBDALE HIGH SCHOOL, 1991 GEORGIA SCHOOL OF EXCELLENCE; commend................................................ SR 136

ROBERTS, JULIA; commend ......................................... SR 160

ROBINSON, HONORABLE LEE; Mayor of Macon; introduced, remarks ............................................................... Page 1225

ROBINSON, NIKKI, 1990 GEORGIA OCCUPATIONAL GOAL AWARD; commend ...................................................... SR 77

ROBINSON, SENATOR PETE; excused to attend a funeral ................ Page 98

ROCKDALE COUNTY Board of Elections and Registration; create................................. HB 1053 Board of Registrations and Elections; repeal Act creating .................... HB 1006 Conyers-Rockdale Amateur Athletics Authority; create ....................... HB 980 Recreational Authority; create............................................. HB 1052 Superior Court; additional judge; terms; powers; compensation ................ HB 398

ROCKDALE JUDICIAL CIRCUIT Additional Judge; Rockdale County .............................. SB 127 Superior Court; second judgeship ........................................... HB 398

ROE, BETTY, AND BARBARA BROWNING; commend

SR 310

ROME-FLOYD COUNTY COMMISSION ON CHILDREN AND YOUTH; add position ............................................ HB 688

ROSWELL, CITY OF Corporate limits; change ................................................... SB 457 Corporate limits; change .................................................. HB 1040

ROWLAND, CONGRESSMAN J. ROY; introduced, remarks .............. Page 505

ROYAL NEW ZEALAND AIR FORCE VISITING PERSONNEL; recognize................................................................. SR 278

RULES OF THE SENATE Adopt .................................................................. Page 18 Suspend to allow committee report ...................................... Page 2331 Suspend to allow Local Consent Calendar ................................ Page 2332

RURAL AREAS Economic Depressed Areas, Locating State Facilities; study of ............... SR 266 Health Care Insurers; preferred provider arrangements in rural areas ......... SB 292 Resource Conservation and Development Councils, RCDCs; recognize .......... SR 280 Rural Facilities Economic Development Act; enact ........................... HB 488 Urge State Departments, Agencies Employ Citizens from Rural Georgia...... SR 214

SAFETY BELTS (See Seat Safety Belts or Motor Vehicles) SAINT DAVID'S WELSH SOCIETY DAY; recognize ......................HR 376 SALES AND USE TAXES (ALso See Revenue and Taxation)
Contractors; payment of tax on subcontracts; surety bond requirements ........ HB 336 Referendum Elections; taxation questions; date; time period .................. HB 198
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SALES AND USE TAXES (Continued) Sales Taxes; food exemption repealed; income tax credit provided ............... HB 1 Special County 1% Sales Tax for Educational Purposes; amend Constitution ... SR 65 Special Purpose County; educational purposes; amend Constitution ............ SR 159
SAMARITANO, MARIO; commend ..................................... SR 323
SANDERS, MAJOR GENERAL JERRY D.; State Adjutant General, introduced ............................................................ Page 1267
SANDERS, RANGER ERIC; introduced ................................. Page 931
SANDY SPRINGS, CITY OF; Incorporation; charter; boundaries; powers; referendum approval ....................................................... SB 90
SAVANNAH, CITY OF Chatham County and City of Savannah; Board of Education; method of filling vacancies; referendum ............................................. HB 740 Chatham-Savannah Youth Futures Authority; additional members............. HB 236 Mayor and Aldermen; residency requirements ............................... HB 665 Property Conveyance; lease of Georgia Regional Hospital grounds for recreation complex ....................................................... HR 80 Savannah Day at the Capitol; recognize ...................................... SR 93 Savannah St. Patrick's Day Parade Committee and Dignitaries; commend...... SR 228
SAVINGS AND LOAN ASSOCIATIONS (See Banking and Finance)
SCHOOLS (Also See Education or Colleges and Universities or Teachers) Alternative Teacher Certification Joint Study Committee ...................... SR 59 At-risk Students, Drop Outs; committee to study alternative programs ....... SR 189 Compulsory Attendance; maximum age; change to 17; exemptions ............. SB 155 Contracts; multiyear lease purchase; referendum approval. ...................... SB 5 Educators; reportable sexual offenses; change listing.......................... HB 146 Financing Under QBE Formula; committee to study ......................... SR 173 Local Boards of Education; meeting notices; newspaper publication ............ HB 403 Local Districts; bonded indebtedness payments; withholding state moneys .... HB 792 Noncertificated School Personnel Study Committee; create .................... SR 54 Personnel Certification; function of Professional Standards Commission ........ HB 589 Remedial Education Programs; expand eligibility ........................ SB 71 Remedial Education Programs; expand services certain grade levels............ SB 32 Remedial Programs using student tutors; create a STOP Program ............. SB 216 School Bus Drivers; DUI convictions; punishment............................ SB 312 School Bus Drivers; monthly salary longevity increases ....................... HB 557 School Facility Construction Projects; creating the Joint Capital Outlay Study Committee .......................................... HR 441 Smoking or Tobacco Use by Students Prohibited School Property or Bus ...... HB 275 Student Assessment, Testing; instruments, procedures, policies ............... SB 328 Students At Risk and Dropouts; pilot projects; decategorize funds ............. HB 744 Teachers; duty-free daily lunch period ...................................... HB 373 Teachers, Principals, Other Certificated Personnel; employment; fingerprint and criminal records check .............................................. SB 425 Teachers; sick leave; local banks or pools; contributions ..................... .HB 793 Textbooks; lost or damaged; sanctions against pupils; local policies ............ HB 727
SCREVEN COUNTY; Board of Commissioners; members; compensation ....... HB 597
SEARCH AND SEIZURE Controlled Substances Act; property forfeiture cases; procedures ....... SB 114 Property; personal; custody of law enforcement; return or disposition ..... HB 531
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JOURNAL OF THE SENATE

SEAT SAFETY BELTS (Also See Motor Vehicles) Offense of Failure to Wear; persons also charged vehicle violation ............. SB 395
SECRETARY OF STATE Charitable Organizations; registration; financial statements.................... SB 163 Duties; nomination petitions to qualify candidates; form, content ............. SB 25 Duties; register agents of state departments, agencies; exempt fee .............. SB 55 Election by Plurality of Votes Cast; amend Constitution...................... SR 169 Georgia Nonprofit Corporation Code; comprehensive revision; reenact.......... HB 226 Lobbyists; registration of persons representing state agencies.................. HB 268
SECURITIES; Georgia Trust Act; enact; comprehensive revision............. HB 794
SELLING AND OTHER BUSINESS PRACTICES Bad Checks; check dishonor fees; service charge; written demands .............. HB 47 Commercial Solicitation; telephone orders for printed materials; promotional giveaways or contests redefined .......................................... SB 408 Concert tickets; advertisements; disclose lip synched music ..................... SB 9 Concert Tickets; price scalping; prohibitions ............................... SB 145 Farm Tractor Dealers; procedures under Farm Equipment Warranty Act ..... HB 175 Fine Art Works; duplication by printers; permission; civil liability ............. SB 375 Gasoline Products Containing Alcohol; labeling of pump dispensers ........... SB 140 Merchants; credit card, check transactions; misuse of records ................ SB 39 Merchants; information required to cash a check; restrictions .................. SB 11 Motor Vehicle Franchises; distributor protection; dealer warranty reimbursement ......................................................... HB 646 Motor Vehicle Warranty Rights; defective automobiles; remedies ............... HB 32 Persons, Firms Engaged Purchase of Dairy Products; bond requirements ....... HB 844 Pistols and Revolvers; 7-day wait period; purchaser records check .......... SB 118 Retail Contracts; revolving accounts; delinquency charges ..................... HB 293 Retail Grocery Stores; price labeling on food products......................... SB 65 Retailers; payment by U.S. currency; accept any denomination ................. SB 13 Telephone Service Carriers; automatic per call charge; cease, desist order ...... HB 350 Ticket Agents; athletic contests; authorized service charge .................... HB 480 Trade Secrets; theft; misappropriating customer, supplier lists .............. SB 320 Unsolicited Merchandise; ordering for another person prohibited ............... SB 84 Vehicle Tent or Auction Sales Agreements; cancellation procedures ............ SB 353
SEMINOLE COUNTY; Property Conveyance; Donalsonville State Patrol Post property; sell to Carter Manufacturing Co., Inc................................ SR 45
SENATE Administrative Affairs Committee; change composition ........................ SR 33 Administrative Affairs Committee appointed .............................. Page 106 Banking and Financial Institutions Committee; membership on Legislative Services Committee ................................................... SB 189 Claims Against the State; compensation resolutions; introduction ............. SB 16 Convened; notify House, January 14, 1991................................... SR 2 Fiscal Affairs Subcommittees; selection of members ........................... SB 49 Joint Session; inauguration of Governor and Lt. Governor January 14 ........... HR 4 Morning Roll Calls . ......... .Pages 16, 88, 105, 118, 126, 159, 182, 198, 218, 247, 283, 306, 351, 408, 453, 490, 552, 643, 677, 719, 757, 795, 849, 887, 930, 968, 1114, 1170, 1220, 1266, 1313, 1379, 1440, 1587, 1679, 1809, 1963, 2158 Officials, Employees, Committees ............................................. SR 3 President Pro Tempore; Senator Nathan Deal elected ....................... Page 17 Recycled Paper Products; urging Senate offices to purchase .................... SR 66 Rules; amend; complaints of alleged sexual harassment of employees ......... SR 298
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2543

SENATE (Continued) Rules; amend; number of Pages allowed President per day.................... SR 234 Rules; amend; numerical order of bills ...................................... SR 289 Rules; amend; order of business; recitation of Pledge of Allegiance ............ SR 163 Rules of the Senate; adopt for 1991 Session ................................... SR 1 Rules; suspend to allow committee report ................................ Page 2331 Rules; suspend to allow Local Consent Calendar .......................... Page 2331 Secretary of the Senate; Hamilton McWhorter, Jr. elected ................... Page 17 Secretary of the Senate; succession to office in event of vacancy............... HB 173 Senators-elect, certification of election ..................................... Page 13 Senators-elect; oath of office .............................................. Page 16 Sergeant at Arms; Holman Edmond, Jr. elected. ............................ Page 17 Standing Committees appointed........................................... Page 88 Urging Former House Members Elected Senate to Adopt Ways of the Senate . . SR 47
SENATOR ALLEN Communication regarding SB 113 ........................................ Page 351 Communication regarding voting machine ................................. Page 127 Excused due to family emergency ....................................... Page 2134 Excused from voting on SB 110 .................................... Page 653
SENATOR BALDWIN; excused to attend funeral ........................ Page 1139
SENATOR BISHOP; excused from voting on SB 110 ...................... Page 654
SENATOR CLAY; excused due to illness in family........... Pages 758, 796, 849, 888
SENATOR ECHOLS; excused due to death in family ...................... Page 678
SENATOR EDGE Excused due to illness................................................... Page 796 Excused to attend a funeral ............................................ Page 1139
SENATOR EGAN; excused to attend a funeral ........................... Page 1319
SENATOR ENGLISH; excused due to death in family ..................... Page 254
SENATOR GARNER; excused due to illness ......................... Pages 678, 737
SENATOR GILLIS; recognize. ........................................... Page 186
SENATOR HAMMILL; excused due to illness ........................... Page 1266
SENATOR HOOKS; excused to attend a funeral............................ Page 98
SENATOR JOHNSON Excused for doctor's appointment ........................................ Page 888 Excused to attend a funeral ............................................. Page 505
SENATOR LANGFORD; excused to attend a funeral...................... Page 239
SENATOR OLMSTEAD Excused due to personal business ....................................... Page 2180 Excused to attend a funeral ............................................ Page 1139
SENATOR ROBINSON; excused to attend a funeral ....................... Page 98
SENATOR TAYLOR; excused to attend a funeral .......................... Page 98
SENATOR TYSINGER Excused due to illness.................................................. Page 1587 Excused for doctor's appointment ....................................... Page 1443
SENATOR WALKER, 43RD; excused due to illness ..................... Page 1740
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2544

JOURNAL OF THE SENATE

SENIOR CITIZENS (See Elderly)

SENTENCING FOR CRIMES AND OFFENSES Alternative incarceration; confinement in a boot camp unit ................... SB 177 Defendants; pleas of insanity or mental incompetency; inpatient commitment; outpatient criteria; release hearings ....................................... HB 469 Drug Trafficking; mandatory term of imprisonment, no furlough .............. SB 439 Felony Murder; infliction of an injury and resultant death .................... SB 147 Homicide Punishable Injurious Acts; time within which death must occur ...... HB 366 Motor Vehicle Theft; punishment; incarceration inmate boot camp unit........ SB 350 Offenders Sentenced Perform Community Service; use for private gain......... HB 125 Offense of Feticide by Vehicle; death of unborn child by injury to mother; penalties ................................................................ SB 58 Probation; court orders for shortening period; procedure...................... HB 170 Public Indecency; third or subsequent conviction; punishment ................ HB 567

SEWERAGE (See Waste Management)

SEXUAL OFFENSES AIDS Transmitting Crimes; HIV testing of persons charged; disclosure ........ HB 554 Child Victims; closed circuit TV testimony; change provisions................ SB 178 Child Victims of Sexual Abuse; closed circuit TV testimony ................... SB 29 Children; victims or witnesses; closed circuit TV testimony ................... SB 70 Educators; reports to Professional Practices Commission; change list........... HB 146 Public Indecency; third or subsequent conviction; felony penalty .............. HB 567 Rape; testimony and use of evidence; extensive revisions ...................... SB 51 Sexual Assault of Probationer, Parolee in Custody; penalty .................... SB 57 Victims Under Age 16; exclusion relating to prosecution limitation ............ HB 240

SHAW, MRS. EMILY C.; commend ........................................ SR 218

SHEAROUSE, STEPHANIE; 4-H National Champion; commend............. SR 50

SHEFFIELD, AMY; 4-H National Champion; commend ....................... SR 52

SHELLFISH; Comprehensive Regulation of; pickers, sellers, growing waters, beds; permits, commercial or recreational quantities .......................... HB 323

SHERIFFS (Also See Courts) Alleged Violations of Law; investigation by the GBI; procedures................ SB 38 Approve Mutual Aid Agreements; other states, federal law enforcement agencies .......................................................... HB 232 Civil Actions; service of process; summons; by whom served .................. HB 188 Criminal Bond Forfeitures; sheriffs exempt recording fees .................... SB 246 Fees for Services; access to public records provisions ......................... SB 345 Fees for Services in Civil and Criminal Cases; time of payment ............... SB 171 Home Arrest Program for Certain County Offenders; supervision .............. HB 379 Retirement Fund; increase fees charged civil actions, remit to fund ............ HB 442 Work Release Programs for Certain County Offenders; supervision ............ HB 380

SICKLE CELL ANEMIA STUDY COMMITTEE; creating

SR 223

SILVER-HAIRED LEGISLATURE; commend

SR 71

SINK, SCOTT; commend ........................................ SR 165

SINKWICH, FRANK; regrets at passing ................................... SR 116

SLOSHEYE TRAIL BIG PIG JIG STATE BARBECUE COOKING CONTEST; recognize................................................... SR 131

SMOKING (See Tobacco Products)

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2545

SMYRNA, CITY OF Ad Valorem Tax Homestead Exemption; residents 62 or over; referendum ..... SB 446 Corporate limits; change ................................................... SB 399
SNAKES; poisonous reptiles; use in religious services prohibited ................ SB 21
SOCIAL SERVICES (Also See Human Resources or Domestic Relations) AFDC; Educational Reinvestment Act for AFDC Families, Children .......... SB 198 AFDC; families with dependent children; establish GIERA Program ............. SB 8 AFDC; families with dependent children; school attendance required ............ SB 7 AFDC Recipients; parental training, assist in remedial education; create family resource centers .................................................. SB 422 At-risk Children; decategorize resources; community innovation zones ....... SB 430 At-risk Children; welfare services; finance by levying of a tax ................. SB 424 At-risk, Troubled Children Services; reexamine cost, report to Senate.......... SR 329 Child Abuse Reports; access to records; eligible persons; protect identities; reclassification of cases .................................................. HB 289 Child Care Council, Georgia; create; coordinate public, private care ............ HB 399 Child Welfare, Placing Agencies; redefine; licensing; inspections ............... SB 123 Children and Youth At-risk; services; goals; effectiveness measures ......... SB 104 Children and Youth Coordinating Council; creation .......................... SB 370 Children and Youth Legislative Overview Committee; creation ................ SB 105 Children and Youth; programs; committee to study coordination ............. SR 72 Deprived Children; foster care placement; case review; additional period ....... HB 519 Deprived Children; placement in foster care; periodic case review. ............. SB 303 Deprived Children; placement in foster care; periodic case review............ SB 315 Division of Youth Services; YDCs; implement center improvement plans ....... SB 429 Facilities Licensed by DHR; violations; disciplinary sanctions ................. SB 235 Housing; low and moderate income housing; committee to study .............. SR 282 Long-Term Care Facilities; violations alternative to closure .............. SB 211 Medicaid; federal financial support for lower-income people to obtain health care coverage; urge Congress ............................................. HR 189 Medicaid; nursing home providers; fire sprinklers; reimbursement ............ SB 182 Medicaid; prescription drug prior authorization requirements ............. SB 234 Medical Assistance Department; Indigent Care Trust Fund contributions ..... HB 482 Nursing Homes; violations; cited deficiencies; notices; distribution ........... SB 213 Public Assistance; recipient checks; banks required to cash ................ SB 12 Volunteer Transportation for Senior Citizens; liability immunity .............. HB 555
SOCIAL WORKERS (See Counselors or Professions)
SOLID WASTE (See Waste Management or Hazardous Materials)
SORROW, ANN; commend ......................................... SR 283
SOUTH FULTON COUNTY, CITY OF; incorporation, boundaries, powers . . . SB 451
SOUTH GEORGIA PARKWAY; designate Corridor Z developmental highway from Columbus to Brunswick .............................................. SR 180
SOUTH GWINNETT HIGH SCHOOL MOCK TRIAL COMPETITION TEAM; commend .............................. SR 325
SOUTHEAST GEORGIA VETERAN'S DAY CELEBRATION IN STATESBORO; inviting President George Bush ................... SR 56
SOUTHEAST GROWTH AND ECONOMIC DEVELOPMENT STUDY COMMITTEE; create .................................................... SR 285
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2546

JOURNAL OF THE SENATE

SOUTHERN BELL TELEPHONE COMPANY; Property Conveyance; easement for communication lines .......................................... HR 160

SPALDING COUNTY Griffin-Spalding County Board of Education; members; compensation.......... HB 592 Griffln-Spalding County Personal Care Health Board Act; enact.............. SB 362 Homestead Exemption; disabled persons; substantiate eligibility............. SB 207 Operation Desert Storm; support men and women serving .................... SR 202

SPARTA, CITY OF New charter .............................................................. HB 880 Sparta-Hancock Public Facilities Authority Act .......................... HB 1014

SPEED LIMITS; Habitual Violators; excessive speeding; roads, speed limits defined .................................................................. SB 157

SPELLS, LAMAR; 4-H National Champion; commend ...................... SR 83

SPINKS, MRS. ETTA TANT, 105TH BIRTHDAY; recognize

SR 312

STAGGERED TAG SALES (Also See Motor Vehicles and Traffic) License Plates; early registration penalty; exceptions ......................... SB 115
License Plates; Fulton County ........................................ HB 649 License Plates; Miller County ..................................... SB 241
License Plates; staggered registration period; uniform deadlines ............... SB 116 Macon County; motor vehicle registration; repeal designated periods........... HB 957

STATE AGENCIES Abolition, Continuation After 4 Years; amend Constitution .................. SR 10 Administrative Procedure Act; documents filed by receipt date or mail postmark date ....................................................... HB 118 Administrative Procedure Act; license hearings; prehearing review of files ...... HB 329 Agriculture Department; powers, duties; poultry products inspection .......... SB 36 Annual Reports to General Assembly Members; revise routing method ......... SB 176 At-risk Children and Youth; services; goals; effectiveness measures ............ SB 104 Budgetary Management; program review; Cost-Benefit Review Act of 1991 ... SB 410 Children and Youth Programs; committee to study coordination................ SR 72 Claims Advisory Board; hearings; processing compensation resolutions .......... SB 16 Crime Information Center; duties; fingerprint records ......................... SB 75 Department of Education; transfer of functions to Professional Standards Commission; school personnel certification................................. HB 589 Education Department; create office of strategic planning ..................... SB 418 Environmental Effects of Proposed Governmental Actions; duties ............ SB 97 Environmental Protection Division of DNR; director; advisory council; appointment. ....................................................... HB 274 Environmental Protection Division of DNR; director; appointment ......... SB 30 Environmental Protection Division of DNR; director; appointment ............. SB 40 Environmental Protection Division of DNR; director; appointment, salary; advisory council ........................................................ SB 102 Expenditures; legislative overview committee to study; create .................. SR 24 Georgia Register Act; enact; publication of governmental actions .............. SB 379 GeorgiaNet Authority; composition; powers; electronic data transmissions; executive director; employee benefits; excess funds ......................... HB 210 Labor Department; administrative assessment of employers ................... HB 303 Law Enforcement or Peace Officers; complaints against; investigatory records; disclosure procedures .................................................... SB 146 Lobbying the General Assembly; registration of persons representing ........... SB 55 Lobbyists; registration of persons representing state agencies.................. HB 268

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2547

STATE AGENCIES (Continued) Officers, Employees; tort actions; liability; waiver of sovereign immunity ....... SB 415 Public Officials; elected; ineligible employment for certain period ............. SB 165 Public Safety Department; change administration of law enforcement services, training academies ...................................................... SB 74 Purchases of Paper Products; recycled products; funds expended ............... HB 36 Rural Development Assistance; urge employ citizens from rural Georgia........ SR 214 State Purchasing; bills owed; enact Georgia Prompt Payment Act ............. HB 450 State Purchasing; contracts; sealed bids; minority business enterprises ......... SB 183
STATE COURTS Cobb County State Court, Second Division; additional judge .................. SB 358 Judges; administer oath of office to General Assembly members ............... HB 427 Judges or Solicitors; membership; Superior Court Judges Retirement System ... SB 149 Jurisdiction; city judicial matters ........................................... SB 344 Solicitors; absence for ordered military duty......................... SB 112 State Court of Cobb County, Second Division; add additional judge ........... SB 437
STATE DEFENSE FORCE (See Military Affairs or National Guard)
STATE EMPLOYEES (Also See Public Officers and Employees or Merit System) Arbitration Commission; provide for creation of; filing grievances .............. SB 106 Classified Service; grievances; filing procedures .............................. SB 106 Classified Service; weekend on-call time; payments ............................ SB 24 Correctional Industries; executive officer; compensation ....................... HB 763 Drug Testing of POST Certified Employees; urge discontinue program......... SR 14 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933 Emergency Management Rescue Specialist; indemnification ................... HB 238 Employees of the Senate; complaints of alleged sexual harassment............. SR 298 Hazardous Chemical Protection and Right to Know Act of 1988; amend and delete certain provisions, regulations.................................. HB 217 Health Benefit Plan; inclusion of employees of nonprofit mental retardation service centers .......................................................... SB 444 Health Care Benefits for Retirees; prefunding future costs .................... HB 296 Hiring Freezes, Layoffs, Furloughs and Understaffing in State Institutions ...... SR 23 Legislative Branch; part-time service; retirement service credit ................ SB 447 Ordered Military Duty; rights to employment, pay, retirement credit ......... SR 31 Ordered Military Duty; rights to employment, pay, retirement credit ........... SR 60 Overtime Pay and Compensatory Time Off; relative to ........................ SR 18 Political Activities; authority to engage ...................................... SB 23 Public Officials; elected; ineligible employment for certain period ............. SB 165 Retirement; benefits; special increases; authority boards of trustees to grant..... HB 34 Retirement; benefits; special increases to offset income taxation ................ HB 35 Retirement; certain public systems; board of directors; remove Insurance Commissioner; add DOAS, Fiscal Director or teacher ........................ HB 42 Retirement System; correctional officers; retirement at age 55 ................ SB 187 Retirement System; creditable service; Corrections Department employees...... SB 245 Retirement System; creditable service; forfeited leave ...................... SB 340 Retirement System; employer contribution rate set by trustees ................. HB 43 Retirement System; pension accumulation fund; contributions behalf of members drafted armed forces ............................................ HB 40 Retirement System; spouse beneficiary predeceased retired member .......... SB 166 Retirement Systems; joint investments; pooled trust funds .................... HB 637 Sick Leave; accumulation, utilization; absence notice .......................... SB 17 Technical and Adult Education Department; charitable deductions ............ SB 180
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2548

JOURNAL OF THE SENATE

STATE EMPLOYEES (Continued) Technical Institutes, State; reduction in force policy ......................... HB 320 Tort Actions; liability; waiver of sovereign immunity; limitations .............. SB 415
STATE FLAG, SEAL AND OTHER SYMBOLS Forest Resources; designating the State Arboretum of Georgia ................ SR 129 Forest Resources; designating the State Arboretum of Georgia ................ HR 225 Manufacturers of Flags or Bunting; flammable fabrics standards ........... SB 117 Official Dog of Georgia; designate the Golden Retriever....................... SB 352 Official State Fiddlers Convention; Georgia Mountain Fair .................... HR 233 U.S. and State Flags; sanctions for disrespectful acts; applying to Congress to call convention to amend Constitution ................................ .HR 105 U.S. Flag; sanctions for certain disrespectful acts; applying to Congress to call convention to amend U.S. Constitution ................................... SR 151 Wild Game and Fish Cookoff and Exposition of Stewart County; designate official Georgia event................................. SR 264
STATE GOVERNMENT (Also See individually named state agencies) Administrative Procedure Act; licensees review of investigative files............ HB 329 Agencies Serving At-risk Children and Youth; budget requests; content ........ SB 104 Appropriations; general; State FY 1991-1992 .................... HB 285 Appropriations; supplemental; Department of Labor; FY 1990-1991............. HB 84 Appropriations; supplemental FY 1990-1991; certain changes ................. .HB 120 Appropriations; supplemental FY 1990-1991; general obligation debt............ HB 85 Appropriations; supplemental SFY 1990-1991..................... HB 284 Asbestos Abatement; companies assisting state; liability insurance ............. SB 342 Aviation Hall of Fame; add board members; overview committee created....... HB 140 Children and Youth; programs; committee to study coordination ............... SR 72 Claims Against; compensation resolutions; introduction in Senate............... SB 16 Code Title 50; errors and omissions corrections; revisions ..................... HB 167 Commission on Future Strategies; create legislative commission ................ SB 50 Consumers' Utility Counsel; management; personnel; extend to 1995 ........... SB 101 Contracts; minority business enterprises; qualifying; certification ............ SB 144 Contracts; minority business enterprises; qualifying; certification ........... SB 183 Contracts over $10,000; competitive sealed proposals; void contracts ........... SB 183 Contracts; public works; bids by affiliated corporations; forfeiture of proposal guaranty ....................................................... HB 465 Contracts; state purchasing; change reference in Title 34 ..................... HB 303 Cost-Benefit Review Act of 1991; enact; 5-year program review requirements of each state agency..................................................... SB 410 Departments, Agencies; urge employ citizens from rural Georgia............ SR 214 Desert Storm Monument Commission; creating to honor armed forces ......... SR 250 Drug Testing; employees in state prisons, hospitals; urge discontinue ........... SR 14 Drug Testing of Safety Sensitive and Critical Personnel Act of 1991 .......... HB 933 Education, Office of Strategic Planning; creation ............................. SB 418 Employees; ordered military duty; employment, pay, retirement rights .......... SR 60 Employees; payments for on-call time on weekends ........................... SB 24 Employees; political activities ....................................... SB 23 Employees; sick leave; accumulation, utilization; absence notice ................ SB 17 Employees; wages; charitable deduction; Georgia Fund for Technical and Adult Education, Inc................................................ SB 180 Environmental Facilities Authority; at large members; qualifications ........ SB 96 Environmental Policy Act; enact ............................................ SB 97 Executive Fellows Program; establishment .................................. SB 426 Firearms; statewide regulation; preempt, prohibit local regulation.............. HB 375
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2549

STATE GOVERNMENT (Continued) Fiscal Year of State Government; change to April 1 beginning 1993 ............ HR 32 Flags or Bunting; flammability standards for flags ........................... SB 117 General Assembly Members; reimbursable expenses; documentation ............ SB 54 Georgia Building Authority; railroad operations; property acquisition .......... HB 578 Georgia Commission on Women; creation ................................... HB 654 Georgia Ports Authority; Colonel's Island in Glynn County; change name to Vandiver Island ...................................................... SR 248 Georgia Register Act; enact; publication of governmental actions .............. SB 379 Georgia Tort Claims Act; employee liability for good faith performance ....... SB 415 GeorgiaNet Authority; composition; powers; electronic data transmissions; executive director; employee benefits; excess funds ......................... HB 210 Governor; power to fill vacancies in office; appointments...................... HB 235 Governor; term of office; serve one 6-term; amend Constitution ................ SR 16 Housing, State Office of; Georgia Housing and Finance Authority Act. .......... SB 95 James Earl Carter, Jr. Tribute Commission; creating ........................ .HR 402 Lake Lanier Islands Development Authority; add two members; selection; term.................................................................... SB 99 Legislative Overview Joint Committee on State Government ................... SR 24 Lobbyists; register agents of state departments, agencies, boards ............... SB 55 Lobbyists; registration of persons representing state agencies.................. HB 268 Lottery Operated by State; provide; separate budget category; prohibit parimutuel betting, casinos ................................................ HR 7 Natural Resources Department, Regional Headquarters in Brunswick; dedicate for Samuel Thomas Gofer ............................. HR 337 Official Dog of Georgia; designate the Golden Retriever....................... SB 352 Privileged Communications; defense to libel; truthful investigative reports...... SB 285 Property Conveyance; Baldwin County Board of Education for School; City of Thomson, property and storage facility .................................... SR 90 Property Conveyance; Cobb County-Marietta Water Authority; easement ... SR 40 Property Conveyance; convey parcel to Brantley County Board of Education; Pulaski Women's Prison, easement to Oglethorpe Power.................... SR 140 Property Conveyance; Dawson County; easement to Oglethorpe Power Corporation for power line ................................................ SR 42 Property Conveyance; Donalsonville State Patrol Post; sell certain property to Carter Manufacturing Co., Inc ............................................ SR 45 Property Conveyance; Dougherty County; land exchange with Albany Technical Institute ...................................................... HR 150 Property Conveyance; Early County; easement for underground audio transmission cable ....................................................... SR 44 Property Conveyance; easement for underground cable, Fannin, Gilmer Counties; lease to City of Savannah for recreation complex .................. HR 80 Property Conveyance; easement granted in 10 counties through state property for utility, telecommunication or sanitation facilities ...................... .HR 160 Property Conveyance; easements; City of Edison for gas pipeline; City of Eastman for sewer line ................................................... HR 73 Property Conveyance; Fulton County; easement and WCC property exchange with Georgia Power Company ............................................. SR 67 Property Conveyance; Georgia Dome Project site; tracts exchanged with Stanley Rinzler, et al .................................................... SR 68 Property Conveyance; Georgia War Veterans Cemetery; land exchange with Garvis Youngblood; sell certain tract to Kay Epps .................... SR 106 Property Conveyance; High Falls State Park; easement to Southern Bell Telephone Co. for transmission cable ...................................... SR 55
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2550

JOURNAL OF THE SENATE

STATE GOVERNMENT (Continued) Property Conveyance; McQueen's Island, Chatham County; abandoned railroad right of way ............................................................. SR 96 Property Conveyance; railroad depot property to City of Adairsville ........... HR 103 Property Conveyance; to City of Cave Springs, Fannin Campus Tract 1; to Richmond County Health Department, Georgia Regional Hospital tract .... HR 74 Property Conveyance; Troup County; audio transmission cable easement........ SR 39 Property Conveyance; Warm Springs hydrotherapy pool complex; negotiation of long-term lease................................................... HR 352 Property Conveyance; Wayne County; grant easement at Altamaha Technical Institute ................................................................ SR 94 Property Conveyance; Whitfield County; easement for maintenance of Abutment Road and slope ....................................... SR 41 Public Hearings; legislative, congressional redistricting plans .................. SB 135 Public Officials; abuse of office; offense of bribery denned ................ SB 72 Public Officials; elected; ineligible employment for certain period .......... SB 165 Public Records; access to; reproductions; per page copying fees.............. SB 345 Public Records Disclosure; exempt certain internal investigatory records of law enforcement or peace officers ......................................... SB 146 Public Records; legislative, congressional redistricting data; public access....... SB 137 Public Records; materials used redistricting purposes; public access........... SB 136 Public Records; materials used redistricting purposes; public access............ SB 139 Public Safety; create new department to administer law enforcement services and training academies ................................................... SB 74 Retirement Systems; joint investments; pooled trust funds .................... HB 637 Revenue Bills; originate in either house of General Assembly .............. SR 13 Rural Facilities Economic Development Act; enact ........................... HB 488 State Agencies; abolition, continuation after 4 years; amend Constitution ...... SR 10 State Agencies; documents filed upon receipt or mail postmark date .......... .HB 118 State Arboretum; designating the Thompson Mills Forest near Braselton....... SR 129 State Arboretum; designating the Thompson Mills Forest near Braselton....... HR 225 State Employees' Assurance Department; board of directors; membership ....... HB 42 State Employees; hazardous chemicals; safety data sheets; grievances ........ HB 217 State Employees; hiring freezes, furloughs, understating state institutions ..... SR 23 State Employees; overtime pay and compensatory time off; relative to .......... SR 18 State Financing and Investment Commission; membership of Director, Office of Planning and Budget .......................................... SR 200 State Games Commission; additional members; powers; sites; contracts......... HB 804 State Militia; orders for state active duty; purposes; conditions................ SB 282 State Officials; duties; annual reports to General Assembly; method. ......... SB 176 State Properties Commission; terminate lease to Consolidated Atlanta Properties, Ltd .................................................... SR 196 State Purchasing; bills owed; enact Georgia Prompt Payment Act ............. HB 450 State Purchasing; recycled paper products; amount of funds expended .......... HB 36 Steve Polk Plaza; designate plaza front of Georgia Railroad Depot ............ HR 162 Stone Mountain Memorial Association; add two members; selection; terms ...... SB 98 Transportation Department; contracts; Equal Opportunity Officer .............. SB 14 Transportation Department; public road work; financing...................... HB 808 Transportation; regional authorities; contiguous counties to create ............. HB 919 Veterans Service Board; approve administrators, War Veterans' Nursing Homes.................................................................. SB 48 Water Well Standards Advisory Council; extend to 1997 ...................... HB 616 Welcome Centers; local program; implementation; state funding criteria........ SB 357 World Congress Center Authority; board of governors; eleven members ..... SB 100
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INDEX

2551

STATE GOVERNMENT (Continued) World Congress Center; police, security guards; jurisdiction; powers ........... HB 928
World Congress Center; property, contract events; prohibited conduct; police, security, powers; employee records check ........................... SB 387

STATE PATROL (See Public Safety Department of Law Enforcement)

STATE PROPERTIES COMMISSION (See Property Conveyances or State Government)

STATE YMCA AND SILVER-HAIRED LEGISLATURE; commend ...... SR 212

STATEN, DEE; 4-H National Champion; commend ........................ SR 84

STATESBORO HIGH SCHOOL BASKETBALL TEAM; commend

SR 311

STEPHENS COUNTY; Magistrate Court; chief magistrate; nonpartisan nomination and election ................................................... HB 127

STEWART COUNTY; Designate as Official Wild Game and Fish Cookoff and Exposition ..................................................... SR 264

STOCKBRIDGE, CITY OF; new charter ..................................HB 1011

STONE MOUNTAIN JUDICIAL CIRCUIT; Superior Court; tenth judgeship; DeKalb County ............................................... SB 301

STONE MOUNTAIN MEMORIAL ASSOCIATION; add two members; selection; terms .................................................. SB 98

STUDY COMMITTEES (See Committees, Study)

SUGAR HILL, CITY OF Ad Valorem Tax Homestead Exemption; terms, conditions; referendum ........ SB 443 Corporate Limits; change; annex, deannex certain property ................... SB 449

SUMTER COUNTY Sumter County Project Financing Community Improvement District Act....... HB 359 Treasurer; abolish elected office; designate employee perform duties .......... .HB 355

SUNSET LAWS Consumers' Utility Counsel; repeal Chapter in 1995 ................... SB 101 State Agencies; abolition, continuation after 4 years; amend Constitution. ....... SR 10 State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts; extend to 1997 ........ HB 558 Water Well Standards Advisory Council; extend to 1997................ HB 616

SUPERIOR COURTS (Also See Courts or Judicial Circuits) Atlanta Judicial Circuit; chief judge; repeal 1963 Act...................... HB 718 Atlanta Judicial Circuit; fifteenth judgeship ................................. HB 516 Blue Ridge Circuit; third judgeship .............................. HB 360 Blue Ridge Circuit, third judgeship; Gwinnett Circuit, sixth judgeship ......... HB 360 Blue Ridge Judicial Circuit, third judgeship ................................. SB 364 Brunswick Judicial Circuit; fifth judgeship .................................. SB 314 Chief Judges; powers; impaneling a second grand jury ......................... SB 85 Clerks; fees; change charges, amounts, collection ............................. HB 290 Clerks; fees for services; civil cases; counties of 450,000 ....................... SB 317 Clerks; fees for services; revise; counties of 550,000 or more ................... SB 316 Clerks; fees for services; 1990 population classification ........................ SB 318 Clerks; office hours; change provisions ...................................... SB 384 Clerks; property liens; claimant duty to file notice with clerk ................. HB 223 Clerks; recording fees; criminal bond forfeitures; exempt sheriffs .............. SB 246 Clerks; salary; additional for services in other courts ......................... SB 441

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2552

JOURNAL OF THE SENATE

SUPERIOR COURTS (Continued)

Clerks; vacancies in office; period chief deputy shall serve .................... HB 202

Cobb Judicial Circuit; judges; salary supplement............................. SB 371

Condemnation Proceedings; property seized certain hunting violations ........ .HB 811

Council of Superior Court Clerks of Georgia; commend ....................... SR 293

Court Appointed Receivership of Nursing Homes Cited for Violations ......... SB 211

Criminal Procedure; bailable offenses; judge may delegate other court.......... HB 875

Criminal Procedure; offenses bailable only before superior court............... SB 388

District Attorneys Emeritus; delete certain retirement restriction .............. SB 288

Eastern Judicial Circuit; sixth judgeship ..................................... SB 26

Family Violence; protective orders; statewide validity; notice to judge .......... HB 298

Griffin Judicial Circuit; superior court; fourth judgeship ...................... SB 334

Gwinnett Judicial Circuit; sixth judgeship ................................... HB 360

Gwinnett Judicial Circuit; sixth judgeship ................................... HB 534

Judges; appointment by Governor, 4 year terms; amend Constitution .......... SR 170

Judges; election in single-member districts in which serves; terms ......... SB 262

Judges; election revisions; limited voting, nonpartisan, plurality .............. SB 264

Judges or Senior Judges Presiding Over Contested Election Cases .............. HB 67

Judges; repeal election; provide appointment by Governor .................... SB 263

Judges; retirement; mandatory age; exempt by certification of capability ....... HB 478

Judges; retirement; creditable service; state court judge or solicitor ............ SB 149

Judges; retirement; withdrawal from eligible postretirement cost-of-living

benefit adjustments .................................................... HB 483

Judges; senior judges; persons who receive disability benefits.................. HB 429

Judges; term of office; adjust so all judges elected same time.................. SR 171

Judicial Determination; Unresolved Collective Bargaining Issues and

MARTA ............................................................... SB 300

Land Owner Records; covenants running restricting use; continuation .......... SB 133

Prosecuting Attorneys' Council; personnel; compensation ..................... HB 679

Recall Act of 1989; grounds; legal sufficiency; hearings........................ SB 382

Rockdale Judicial Circuit; additional judge .................................. SB 127

Rockdale Judicial Circuit; second judgeship; terms; powers.................... HB 398

Sheriffs; fees; copies of public records; per page copying fees .................. SB 345

Sheriffs; services in civil and criminal cases; change fees; payment .......

SB 171

Stone Mountain Judicial Circuit; tenth judgeship ............................ SB 301

Tallapoosa Circuit; additional assistant district attorney ...................... HB 493

Tallapoosa Circuit; change term in Haralson and Polk Counties ............... HB 374

Tallapoosa Circuit; judges; district attorney; county supplement ............... HB 947

Taxpayer Appeals; surety bonds; value of property title or interest ........ HB 340

Trials; criminal prosecution of juvenile designated felony acts; drug

trafficking .......................................................... HB 87

SUPREME COURT Administration of Georgia Courts Automation Commission ................... HB 215 Appellate Cases; applications; increase bill of costs ............................ HB 69 Appellate Judges Beyond Age 75; exception to mandatory retirement .......... SB 153 Chief Justice Harold G. Clarke; address joint session ....................... Page 288 Former Justices, Appellate Judges Appearing as Counsel; prohibitions .......... SR 76 Hearing Calendar; provide for publication; Georgia Register Act............... SB 379 Homicide Punishable Injurious Acts; year and a day rule eliminated........... HB 366 Joint Session; message from Chief Justice Supreme Court; February 4 ........... HR 9 Justices and Appellate Judges; invite General Assembly Joint Session ........... HR 6 Motion for Rehearing; change to motion for reconsideration .................. HB 220
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2553

SURETY BONDS Check Cashers; licensee operating more than one location; requirement ...... HB 383 Contractors; payment of sales tax; surety bond requirements .................. HB 336 Disposition of Unclaimed Cash Bail Bonds .................................. HB 436 Driver Training Schools; minimum surety bond; failure to maintain ........... HB 824 Forfeiture; principal failure to appear court; conditions not warrant ........... SB 308 Guaranteed Arrest Bonds Issued by Auto or Truck Clubs; increase amount .... HB 387 Hunting, Fishing Licensed Bonded Agents; self-insurance fund ................ HB 708 Insurance Administrators of Certain Plans; requirements ..................... HB 776 Long-term Care Facilities; security of residents' funds; option ................ SB 186 Professional Bail Bondsmen; fees for indigent defense programs ............... SB 304 Radiation-generating Sites or Facilities; bond amount; licensees for safe........ HB 894 Taxpayer Appeals; surety bonds; value of title or interest in property.......... HB 340
SURROGATE PARENTAGE; void and unenforceable contracts ................ SB 1

TALLAPOOSA, CITY OF; city manager; tenure of office and removal......... HB 524

TALLAPOOSA JAYCEES; commend ...................................... SR 271

TALLAPOOSA JUDICIAL CIRCUIT Additional Assistant District Attorney; county payments; Paulding, Polk, Haralson Counties ................................... HB 493 Superior Court; change term in Haralson and Polk Counties ................. HB 374 Superior Court; judges; district attorney; county supplement .................. HB 947

TALLAPOOSA LIONS CLUB; commend ............................. SR 272

TANNING SALONS; equipment; requirements; maintenance; use by minors; consumer actions ......................................................... HB 894

TATTNALL COUNTY; property conveyance; easement; City of Glennville; sewer line ................................................................ HR 160

TAX COLLECTORS, COMMISSIONERS Counties; board of tax assessors; elections by local Act ................. SB 44 County Tax Commissioner; vacancy in office; special election to fill............ HB 209 Office Hours for the Offices of County Tax Officials ................... SB 291 Tax Assessors; additional duties; changed valuations upon appeal ............. HB 257 Tax Assessors and Appraisal Staff; allowed entry upon property............... HB 264

TAX EXECUTIONS Administration Fee Levy; may include attorneys' fees ......................... SB 56 Judicial Sales; legal advertisements; which newspaper shall advertise .......... SB 431

TAXATION (See Revenue and Taxation)

TAXIDERMISTS; licensing; registration; create State Board of Examiners ... SB 333

TAYLOR COUNTY; Board of Commissioners; compensation................. HB 1059

TAYLOR COUNTY HIGH SCHOOL GIRLS' BASKETBALL TEAM; commend ................................................................ SR 314

TAYLOR, GLENN EDWARD; commend ............................. SR 118

TAYLOR, SENATOR MARK; excused to attend a funeral

......... Page 98

TEACHER OF THE YEAR; Jeffrey White, introduced, remarks ............ Page 559

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2554

JOURNAL OF THE SENATE

TEACHERS Alternative Teacher Certification Joint Study Committee ...................... SR 59 Certification; transfer function to Professional Standards Commission.......... HB 589 Contract of Employment; require fingerprint, criminal records check........ SB 425 Course Requirements in Teacher Preparation Programs ...................... SB 233 Department of Technical and Adult Education; retirement membership TRS................................................................... SB 148 Duty-free Daily Lunch Period; exchanging for benefits ....................... HB 373 Duty-free Lunch Periods for Classroom Teachers in Grades K-5 ............. SB 71 Educators; reportable sexual offenses; change listing.......................... HB 146 Georgia Teacher of the Year; increase in state salary..................... SB 71 Georgia Teacher of the Year; increase in state salary ......................... SB 412 Georgia Teacher of the Year; Jeffrey L. White; commend ................. SR 103 Health Insurance Plans; contracting providers; agreed upon fees ........... SB 190 Minority Educator Recruitment Office; creation.............................. SB 433 Noncertificated School Personnel Study Committee; create .................... SR 54 Sick Leave; change in employment; local sick leave pools ..................... SB 217 Sick Leave; local banks or pools contributions; maximum state funded days .... HB 793 Teachers Accumulated Sick Leave Joint Study Committee.................... SR 149
TEACHERS RETIREMENT Alternative Service Retirement Allowance at 55 Years of Age ................. SB 249 Board of Trustees; composition; additional classroom teacher .................. HB 42 Creditable Service; certain full-time graduate study .................... SB 121 Creditable Service; private school teaching service; limitations................. SB 266 Creditable Service; withdrawn contributions; reestablish; interest payments . . HB 346 Early Retirement on 30 Years of Service Basis; requirements ................ SB 108 Eligibility; creditable service; less than 30 years............................ SB 92 Members Ordered Military Duty; continuation of employer contributions ..... HB 656 Members Who Elect Plan of Board of Regents; accumulated contributions ...... HB 78 Membership; employees of Department of Technical and Adult Education ..... SB 148
TEENAGE PREGNANCIES; urge study of methods to effect reduction ...... SR 203
TELECOMMUNICATIONS (Also See Public Utilities) Cable Industry; urge state-wide fiber optic network; competitive market ..... HR 261 Consumers' Utility Counsel; management; employment of counsel, staff ........ SB 101 Emergency 911 Telephone Systems; public safety answering point; advance subscriber billing ...................................................... SB 289 GeorgiaNet Authority; powers; electronic data transmissions .................. HB 210 Public Service Commission; special operating fees; calculation methods ........ HB 901 Public Utilities; limit alien, foreign ownership of any voting stock .............. HB 12 Telephone Companies; local exchange service; county-wide calling ............. SB 369 Telephone Companies; unlawful disclosure customer's personal records......... SB 297 Telephone Monitoring; license to intercept; wiretapping exemption ............ HB 798 Telephone Service Carriers; 976, 900 numbers; per call charges; billing suspension; cease, desist orders ........................................... HB 350 Telephones; ADAD equipment and long distance calls; urge FCC regulate...... SR 168 Telephones; public pay phone; free emergency call to fire or police ............ SB 206 Telephones; solicitation of orders for printed materials; agreements.......... SB 408 Telephones; tollfree county-wide calling; urge expand 22 mile radius........... HR 185
TELEMARKETING Promotional Giveaways or Contests; definition; unlawful...................... SB 408 Solicitation of Orders for Printed Materials; validity of agreements ............ SB 408 Unsolicited Merchandise; ordering for another person prohibited .......... SB 84
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INDEX

2555

TELEMARKETING (Continued) Urge FCC Regulate Telephone ADAD Equipment and Long Distance Calls .... SR 168
TELEVISION Closed Circuit TV Testimony by Child Victims of Sex Offenses ............... SB 178 Closed Circuit TV Testimony; child victims of sexual crimes ................... SB 29 Closed Circuit TV Testimony; child victims of sexual crimes .................. SB 70
TENNESSEE, STATE OF; urge permit Northwest Georgia residents attend UT Chattanooga without out-of-state fee payment ........................... HR 131
TENNESSEE VALLEY AUTHORITY; payments in lieu of taxes; apportioned share of gross power sales .................................... SB 195
THEATERS AND MOTION PICTURES; state tax on consumer rental of motion pictures, videos for Children's Trust Fund ......................... SR 230
THEFT Architects, Landscapers, Engineers, Contractors; conversion of payments for property improvements; evidence ......................................... SB 132 False Reporting of Theft or Conversion of a Vehicle; penalty ................. HB 574 Financial Transaction Cards; redefine conduct ............................... SB 151 Georgia Computer Systems Protection Act; reenact .......................... HB 822 Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ........ SB 230 Motor Vehicle; punishment; incarceration in boot camp unit.................. SB 350 Trade Secrets; offense of misappropriation defined; penalty ................... SB 320
THEODORE, HONORABLE NICK; Lt. Governor of South Carolina, introduced, remarks .................................................... Page 1131
THERAPEUTIC RECREATION; certified personnel; license qualifications .... SB 107
THOMASON, JAMES, compensate......................................... ,HR 40
THOMSON, CITY OF; conveyance of certain state-owned property and storage facility ......................................................... SR 90
TICKET AGENTS; athletic contests; authorized service charge............... HB 480
TICKET SCALPING; concert tickets; price scalping prohibited ............... SB 145
TIFT COUNTY; board of commissioners; chairman; salary; county purchasing agent .................................................................... HB 464
TIMBER Ad Valorem Taxes; exemption until harvested; taxes due owed by seller ...... HB 283 Real Estate Appraisals for Loan Transactions; registered foresters .............. SB 82 Timber Products Vehicles; commercial driver's license requirements ........... HB 139 Timber Revenue Fund; create to fund public hunting, fishing areas............ SB 271
TOBACCO PRODUCTS Leaf Tobacco; certified public weighers; repeal surety bonds requirements...... HB 256 Regulate Use, Nonuse in Public Places; smoking and nonsmoking areas; prohibit discriminatory employment practices............................. SB 251 Sales to or Purchase by Persons Under Age 18 Prohibited ................... SB 248 Smoking or Tobacco Use by Students Prohibited School Property or Bus ...... HB 275 Use During Nonworking Hours; employers prohibited penalize employees ...... HB 728
TOCCOA, CITY OF; corporate limits; extend.............................. HB 987
TOLLWAY FACILITIES, PROJECTS; tollways providing access to island with public beach; parking fees ...................................... HB 782
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2556

JOURNAL OF THE SENATE

TOOMBS JUDICIAL CIRCUIT; Thomson Work Unit, Division of Youth Services; commend ................................................. SR 164
TORTS Georgia Tort Claims Act; state officers, employees liability for good faith performance; waiver of sovereign immunity; limitations ..................... SB 415 Immunity from Liability; certain volunteer transportation services ............. HB 555 Privileged Communications; defense to libel; truthful investigative reports...... SB 285 Property Owner's Right of Action for Damage of Theft; recovery .............. SB 184 Unliquidated Damages; entitlement to interest on sums claimed............... SB 325
TOWING, WRECKER SERVICES; removal improperly parked cars; liens for storage fees; foreclosure ................................................ SB 339
TOWNS COUNTY; J. Truman Holmes Bridge; designating over Hiawassee River ..................................................................... SR 233
TRADE SCHOOLS, NONPUBLIC POSTSECONDARY EDUCATION Applications and Renewal; special administrative fees ........................ HB 318 Nonpublic Postsecondary Educational Institutions Act; exempt; ministerial training ..................................................... SB 407 Nonpublic Postsecondary Educational Institutions Act; exempt certain medical school ............................................... HB 582 Personnel Qualifications; permit renewal; bonds; complaint filing; fees ......... HB 317 Tuition Guaranty Trust Fund; participation fees; defaulting institutions ....... HB 319
TRADEMARKS, SERVICE MARK OR TRADE NAMES Proprietary Confidential Information Submitted Public Service Commission .... SB 420 Theft; offense of misappropriation defined; penalty .......................... SB 320
TRAFFIC (See Motor Vehicles and Traffic)
TRAILS Abandoned Rights of Ways, Corridors; rails-to-trails; urge utilize federal funds . . SR 25 Bicycle Trails and Pedestrian Walkways; urge apply federal funds.............. SR 19 Rails to Trails; convey property; McQueen's Island, Chatham County........... SR 96
TRANSPORTATION (Also See Highways or Public Utilities) Acquisition of Property; hearings on amount of compensation; testimony........ SB 88 Air; Joint Georgia Airport Development Authority Study Committee .......... SR 197 Air; Joint Georgia Airport Development Authority Study Committee ......... HR 285 Air Transportation Projects; create Georgia Airport Development Authority . . SB 244 Airports; property acquired outside county, municipal boundaries by condemnation prohibited for certain period................................ HB 548 Amtrak Passenger Rail Service Between Chicago and Florida; endorsing ..... HR 286 Bus Shelters for Passengers of Public Systems; issuance of permits ............ SB 158 Department; contracts; bids; disadvantaged business enterprises ................ SB 14 Department; supplemental appropriations; FY 1990-1991 ...................... HB 85 Designate; Andersonville POW Memorial Trail; Highway 49 from Fort Valley to Americus ........................................................ SR 213 Designate; Elmer A. Dennard Highway; State Route 18 at Gordon to Jeffersonville city limits ................................................. HR 346 Designate; J. P. Marshall By-Pass; 441 Highway around Eatonton .............. SR 15 Designate; J. Truman Holmes Bridge over Hiawassee River, Towns County ... SR 233 Designate; Jimmy Lee Campbell Memorial Highway within City of Dallas...... HR 156 Designate; John T. McKenzie Bridge in Montezuma, Macon County ........... HR 318 Designate; Lyle Jones Parkway; bypass highway, City of LaFayette ............ SR 235 Designate; Raymond G. Davis Medal of Honor Highway in Henry County .... SR 122 Designate; Roger E. James Bridge over Suwannoochee Creek, Clinch County SR 233
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INDEX

2557

TRANSPORTATION (Continued)

Designate; South Georgia Parkway; Corridor Z developmental highway from

Columbus to Brunswick ................................................. SR 180

Designate; Tom Arrendale, Jr. Intersection in Habersham County .............. HR 53

Designate; Woody Glenn Highway; S.R. 52 Chatsworth to county line

HR 349

Designate; Zell Miller Mountain Parkway; portion Appalachian Highway ...... HR 283

Environmental Effects of Proposed Governmental Actions; duties .............. SB 97

Handicapped Persons; mobility impaired persons and their service dogs;

rights to accommodations ................................................ HB 835

MARTA; annual report and payments lists; notice of availability .............. HB 218

MARTA; annual report, certain listings; public notice; availability ............. HB 658

MARTA; security, police force; jurisdiction; qualifications; immunity........... HB 219

MARTA; security, police; jurisdiction; qualifications; immunity ................ HB 659

MARTA; unresolved collective bargaining issues; judicial determination ........ SB 300

MARTA; use of interest income from reserve funds for operating costs ........ HB 221

MARTA; use of interest income from reserve funds for operating costs ........ HB 657

Older and Handicapped Georgians' Transportation Task Force; create ......... SR 294

Outdoor Advertising Along State Highways; prohibited trimming .............. SB 152

Public Road Work; financing; Guaranteed Revenue Debt Common Reserve

Fund; General Obligation Debt Sinking Fund............ HB 808

Public Roads; displaced wetlands; mitigation; property acquisition ............. HB 674

Public Transit Vehicles or Stations; assault, battery; punishment.............. HB 694

Railroads; grade crossing elimination; division of costs........................ SB 286

Rails-to-trails; acquiring abandoned railroad corridors; encourage ............... SR 25

Southeast Growth and Economic Development Study Committee; create ....... SR 285

Surface and Air Transportation Regional Authority; creation by contiguous

counties; membership; powers; bonds; ordinance ........................... HB 919

Tollways Providing Access to Island with Public Beach; parking fees .......... HB 782

Trails for Transportation Purposes; bikers, hikers; urge apply funds ............ SR 19

Trucks; household goods or commodity carriers; exempt rate regulation ........ SB 432

Urban Policy Study Commission; creation ............ SR 166

Urge Passage Federal Surface Transportation Reauthorization Act.............. SR 98

Volunteer Transportation for Senior Citizens; liability immunity .............. HB 555

TRANSPORTATION BOARD, STATE Election of Brad Hubbert ............................................... Page 143 Election of Max Goldin ................................................. Page 143

TRAVEL AND TOURISM INDUSTRY IN GEORGIA; commend

SR 144

TRESPASS, CRIMINAL; Georgia Computer Systems Protection Act; reenact. . HB 822

TRIO DAY IN GEORGIA; recognizing February 23 ......................... SR 275

TROUP COUNTY Board of Elections and Registration; duties; assumption by superintendent . HB 378 Property Conveyance; audio transmission cable easement ...................... SR 39

TRUCKS Commercial Vehicles; driver's license requirements; disqualifications ........... HB 139 Commercial Vehicles; owner-operators; workers' compensation................. HB 773 Guaranteed Arrest Bond Certificates Issued by Trucking Clubs; surety amount .................................................... HB 387 Household Goods and Commodity Carriers; rate regulation exemption ......... SB 432 Railroad Crossings; requirements to stop; vehicles carrying hazardous waste or acidic liquids................................................... HB 791 Vehicle Trailers; house, auto, boat; annual license fees ....................... HB 653

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2558

JOURNAL OF THE SENATE

TRUCKS (Continued) Vehicles Transporting Etiologic or Biohazardous Material; sign or placard requirements ........................................................... HB 886
TURNER COUNTY; Peanut Monument; proclaim as state monument ......... SR 327
TYBEE ISLAND, CITY OF; elections; mayor, councilpersons; time, terms...... HB 94
TYSINGER, SENATOR JIM Excused due to illness.................................................. Page 1587 Excused for doctor's appointment ....................................... Page 1443

u

U. S. ARMY, 24TH INFANTRY DIVISION OF FORT STEWART; commend .......................................................... SR 297

UNDERGROUND STORAGE TANK ACT; Environmental Assurance Fees on Petroleum Products; increase amount ............................... SB 385

UNDERWOOD, CARROLL; commend ..................................... SR 112

UNEMPLOYMENT COMPENSATION (See Employment Security or Labor)

UNFAIR BUSINESS PRACTICES (See Fair Business Practices or Selling Commerce)

UNION COUNTY Coosa Water Authority; service area geographic boundaries ................... HB 935 Notla Water Authority; service area geographic boundaries ................... HB 940

UNIONS AND LABOR RELATIONS Activities of Employees During Nonworking Hours; prohibit employer discrimination .......................................................... SB 256 MARTA; unresolved collective bargaining issues; judicial determination ........ SB 300

UNIVERSITY OF GEORGIA

Baseball Team and Coach Webber; introduced ............................ Page 203

Carl Vinson Institute of Government; Georgia Municipal Training Institute . . . . HB 287

Division of Entomology; research in urban pest control; fees to fund........... SB 416

State Arboretum of Georgia, designate the Thompson Mills Forest ............ SR 129

State Arboretum of Georgia, designate the Thompson Mills Forest

... HR 225

1990 NCAA Division I National Champion UGA Baseball Team; commend...... SR 28

UNIVERSITY SYSTEM (Also See Colleges or Education or Regents Board) Academic Diplomas, Records; falsifying documents; fraudulent use ............ SB 313 Academic Recognition Day, Outstanding Scholars; commend .................. SR 204 Admission, Graduation Requirements; modify for disabled students............ SB 193 Atlanta Metropolitan College; urge rename King-Abernathy State College ...... SR 107 Board of Regents; acquisition of Atlanta Area Technical School ............... SR 177 Board of Regents Retirement Plan; former TRS members; transfer contributions ............................................................ HB 78 Board of Regents; supplemental appropriations FY 1990-1991 .................. HB 85 Full-tuition Scholarships; new program; financial need based ........ SB 31 Full-tuition Scholarships; new program; financial need based ................... SB 37 Georgia Education Authority (University); membership; projects .............. SB 167 High School Students; postsecondary options; early enrollment credit.......... SB 417

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2559

UNIVERSITY SYSTEM (Continued) Laboratory, Equipment, Rehabilitation Technology, and Eminent Scholars Endowment Study Committee............................................. SR 30 Scholarships, Loans, Grants; promote Georgia Student Finance Commission, Higher Education Assistance Corporation and Student Finance Authority . . .. HB 695 Teacher Preparation Programs; requirements; subject area course work .... SB 233 Urge Investigate Ways to Address Needs of At-risk Families ............. SR 330
U.S. GOVERNMENT (See Federal Government or Congress)
USED CARS, DISMANTLERS, SALVAGE Motor Vehicle Chop Shop and Stolen and Altered Property Act; enact ....... SB 230 Used Car Dealers' Registration Act; licenses; exemptions; pawnbrokers; leasing companies; antique autos; auctions; suspension violations ........ HB 594
UTILITIES (See Public Utilities and Transportation)

VALDOSTA HIGH SCHOOL FOOTBALL TEAM AND COACH NICK HYDER; commend ....................................... SR 100
VANDIVER ISLAND; change name of Colonel's Island, Glynn County; honoring former Governor S. Ernest Vandiver ............................... SR 248
VENEREAL DISEASES (See AIDS or Health)
VETERANS AFFAIRS (Also See Military Affairs) Andersonville POW Memorial Trail; designate from Fort Valley to Americus . . SR 213 Beneficiaries of Service-connected Disability; guardians; compensation ......... HB 760 Desert Storm Monument Commission; creating .............................. SR 250 Driver's License; issuance; qualifying armed forces veterans ................... SB 199 Drivers' Licenses; changes to qualifications .......................... SB 69 Georgia War Veterans Cemetery; property conveyance and land exchange .... SR 106 License Plates; special; Purple Heart recipients; applications ................... HB 15 License Plates; special; veterans of U.S. Armed Forces ....................... HB 788 Motor Vehicle License Plates; armed forces active duty, retirees. .............. SB 351 Motor Vehicle License Plates; Purple Heart recipients; applications ........... SB 324 Veteran's Day; southeast Georgia celebration; inviting President George Bush . . . SR 56 Veterans Nursing Homes, Augusta and Milledgeville; administrators .......... SB 48 Veterans Post Headquarters; ad valorem tax exemption; referendum........... SB 280
VETERANS OF FOREIGN WARS; introduced.......................... Page 1138
VETERINARIANS; scope of practice; dental procedures .................. HB 446
VETOES BY GOVERNOR; 1990 and 1991 sessions................... Pages 23, 1593
VICTIMS OF CRIME; notification of orders to shorten probation period of offender; hearing .................................................... HB 170
VIDEO RECORDINGS; tax on consumer rental for Children's Trust Fund .... SR 230
VITAL RECORDS Confidentiality of Documents Kept Judicial Offices Prior to Filing............. SB 229 Petitions for Change of Birth Certificates; probate court costs................. HB 537 Registration; births, death, medical certifications; when and by whom files . . .. . HB 269
VOCATIONAL EDUCATION; postsecondary and adult; committee to study lab, equipment, library needs ............................................... SR 29
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2560

JOURNAL OF THE SENATE

VOTER REGISTRATION Applicants; release of criminal history records ............................... HB 207 Right to Vote; urge increase student awareness ......................... HR 297

w

WAGES Income Deduction to Enforce Child Support Orders; earnings records.......... HB 547 Unemployment Compensation Fund; contributions due on wages paid ........ HB 303

WALKER COUNTY Probate Court; compensation of personnel.................................. HB 1023 Superior Court; clerk; compensation of personnel ........................... HB 1025 Tax Commissioner; compensation of personnel.............................. HB 1024 Walker County Water and Sewer Utility Authority; creation .................. HB 770

WALKER, PFC. CHARLES SCOTT; honoring first Georgia soldier to die in Operation Desert Storm................................................. SR 181

WALKER, SENATOR GENE, 43RD; excused due to illness .............. Page 1740

WALTON COUNTY Operation Desert Storm; support men and women serving .................... SR 193 Probate Court; judge not serve as chief magistrate ........................... HB 979

WARE COUNTY; contracts; Downtown Waycross Development Authority to collect taxes .............................................................. HB 764

WARM SPRINGS; property conveyance; hydrotherapy pool complex; negotiation of long-term lease .............................................. HR 352

WARNER ROBINS AIR LOGISTICS CENTER AND MAJOR GENERAL RICHARD F. GILLIS; commend

SR 147

WARNER ROBINS, CITY OF Corporate Limits; include certain property near Sandy Run Road ............ HB 1047 Warner Robins Building Authority; created ................................. HB 927

WARWICK, CITY OF; mayor, council; four-year term; qualification; election . HB 922

WASHINGTON COUNTY Board of Education; elections; powers; appoint school superintendent; referendum............................................................. HB 732 Property Conveyance; easement of City of Davisboro for sewer line ............ HR 160

WASTE MANAGEMENT (Also See Hazardous Materials or Landfills or Natural Resources) Biomedical Waste Thermal Treatment Facilities; permit limitations ...... SB 268 County Water, Sewer Systems; construction or repair materials; requirement ................................................... HB 693 Disposal Facilities on CERCLIS Site List; permit prohibitions ................ SB 242 Hazardous Waste Management Act; change certain definitions ................ HB 652 Landfills; disposal restrictions; household hazardous waste, recyclable wastepaper, yard trash, bottles, cans ...................................... SB 240 Municipal Solid Waste Landfills; proximity ground-water recharge area ........ SB 185 Municipal Solid Waste Landfills; specified distance certain rivers.............. SB 215 Recycled Paper Products; urging Senate offices to purchase .................... SR 66 Solid Waste Disposal; landfills; new site restrictions; Cobb County. ............. SB 83

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2561

WASTE MANAGEMENT (Continued) Solid Waste Disposal; new landfill sites; Fulton County restrictions ............ SB 270 Solid Waste Handling Facilities; major permit modifications; vertical expansion; limitations ................................................... HB 182 Solid Waste; new disposal facilities; restrictions, City of Atlanta ............... SB 386 Wastewater Treatment; plant operators, lab analysts; certification ............. HB 558 Water Pollution; Chattahoochee River; limit phosphorus discharge............. HB 814 Water Pollution Control; CSOs sewage discharge; plans to eliminate ........... SB 196 Water Pollution Control Plants; waste discharge limitation; phosphorus into Chattahoochee River .............................................. SB 381
WATER POLLUTION CONTROL Oil Spills; responders; removal costs; commercial facility permits .............. SB 179 Pollutant Discharge Limitation of Phosphorus into Chattahoochee River ....... HB 814 Sewage Discharge from CSOs; plans to eliminate or treat..................... SB 196 Solid Waste; active CERCLIS disposal sites prohibited; remedial action........ SB 242 Surface Water; withdrawals, diversion, impoundment violations; abatement ... HB 648 Toxic Pollutants; oil, hazardous substance spills or releases; reporting. ......... SB 142 Waste Discharged into Chattahoochee River by Plants between Buford Dam and West Point Reservoir; phosphorus; discharge limitation................. SB 381
WATERS, PORTS AND WATERCRAFT Boats; commercial fishing; fishing with power-drawn nets; violations; unlawful shrimping; penalty.............................................. HB 746 Boats Safety Act; registration; hazardous areas; safety zones; flotation devices; boating under influence blood alcohol content...................... HB 707 Chattahoochee River; pollutant discharge limitation on phosphorus ............ HB 814 Clean Water Act; "active CERCLIS disposal sites" prohibited............ SB 242 Cruise Vessels; authorize gambling; amend Constitution ....................... SR 17 Environmental Policy Act; enact ..................................... SB 97 Fire Protection Sprinklers; persons competent install or repair pipes ...... HB 272 Gambling on Cruise Vessels; Georgia Building Authority operate ................ SB 2 Ground-water Recharge Areas; municipal landfills; sites; permits .............. SB 185 K.T. Kennedy Reef; designate; offshore fishing site end of Sapelo Island Channel............................................................... ,HR 500 Lake Lanier Islands Development Authority; add two members; selection; terms ................................................................... SB 99 Passenger Vessels; licensed sales of alcoholic beverages ....................... SB 265 River Corridors; protection; standards and procedures ........................ HB 643 River Corridors; urge comprehensive assessment; designating Department of Natural Resources as coordinator ......................................... HR 110 Rivers From Which Drinking Water Drawn; prohibit landfill within Vt mile . SB 215 Shellfish; comprehensive regulation of harvesting, taking, sellers ............... HB 323 Surface Water; abatement of violations; cooperative efforts; withdrawals, diversion, impoundment ................................................. HB 648 Toilets, Showers, Faucets; water use requirements; prohibited sales ............ HB 605 Toxic Pollutants; oil, hazardous substance spills or releases; reporting ......... SB 142 Water Pollutants; phosphorus discharge limitation; Chattahoochee River ....... SB 381 Water Pollution Control; CSOs sewage discharge; plans to eliminate ........... SB 196 Water Pollution Control; oil spills; responders; facility permits ................ SB 179 Water Quality; urge establish environmental quality council to review ......... HR 101 Water; residential service; unpaid charges; responsible party ............. SB 10 Water Resources Conservation Management Study Committee; creating........ HR 348 Water Service; applicant ID; unpaid charges; lien against property ............ SB 254 Water Supply; southeastern region; committee to study allocation ............. SR 153
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2562

JOURNAL OF THE SENATE

WATERS, PORTS AND WATERCRAFT (Continued) Water Systems and Wastewater Treatment; plant operators, laboratory analysts; certification; reciprocity; Board of Examiners...................... HB 558 Water Well Contractors; license requirements; performance bonds ............. HB 561 Water Well Standards Advisory Council; extend to 1997..................... HB 616
Watering Restrictions; newly installed landscaping; urge exemption ............ SR 179 Wetlands Conservation Study Committee; creation ............................ HR 19 Wetlands; protection; standards and procedures.............................. HB 643

WATSON MILL BRIDGE STATE PARK; lease of abandoned hydroelectric plant...................................................... SR 198

WAYCROSS, CITY OF; Downtown Development Authority; additional member; tax collection contracts with Ware County .......................... HB 764

WAYNE COUNTY Property Conveyance; Board of Education; easement area, Altamaha Technical Institute ...................................................... SR 94 Superior Court; Brunswick Circuit; fifth judgeship ........................... SB 314

WEAPONS (See Firearms or Courts)

WEBSTER COUNTY; board of commissioners; create................ HB 171

WEEKS, MR. TERRY; introduced, song presentation ...................... Page 553

WELCOME CENTERS; local program; implementation; state funding criteria................................................................... SB 357

WELFARE (See Social Services or Human Resources or Medical Assistance)

WESTMINSTER HIGH SCHOOL STUDENTS; song presentation

Page 1171

WETLANDS
Land-disturbances; regulated activities for protection of ...................... HB 643 Management Under Federal Clean Water Act; committee to study .............HR 19 Wetlands Mitigation; acquisition of property for public roads ................. HB 674

WHITE COUNTY; Magistrate Court; chief magistrate; nonpartisan nomination and election ................................................... HB 853

WHITE, JEFFREY L., GEORGIA TEACHER OF THE YEAR; commend ............................................................. SR 103

WHITFIELD COUNTY Board of Education; election; terms......................................... HB 490 Magistrate; new full-time position beginning 1992.......................... SB 293 Property Conveyance; easement for maintenance of Abutment Road and slope ................................................................... SR 41

WILCOX COUNTY; property conveyance; easement City of Abbeville for sewer line .............................................................. HR 160

WILD GAME AND FISH COOKOFF AND EXPOSITION OF STEWART COUNTY; designate as the official Georgia event ....................... SR 264

WILEY, GAIL; 4-H National Champion; commend ............................ SR 82

WILLEY, LT. COLONEL BARRY, FT. STEWART; introduced, remarks............................................................... Page 2158

WILLIAMS, DR. EDWARD B. OF MOREHOUSE COLLEGE; honoring ................................................................. SR 287

WILLIAMS, JOSEPH BRIAN; commend .................................. SR 259

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2563

WILLIAMS, KERRY, 4-H NATIONAL CHAMPION; commend ............ SR 51

WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Deed of Assent or Distribution; exempt real estate transfer tax ............... HB 563 Estates; year's support; application for additional year; criteria................ HB 540 Fiduciary Security Transfers, Uniform Act for Simplification of ............... HB 794 Georgia Trust Act; reenact; comprehensive revision .......................... HB 794 Guardianships; limited or permanent duration; procedures to establish ......... HB 417 Inheritance; child born out of wedlock; paternal kinship; evidence ............. HB 251 Probate Court Costs for Specific Services; increase charges ................... HB 537 Probate Procedures; changes and clarifications; powers of clerks ................ SB 41 Wards of U.S. Department of Veterans Affairs; guardians; compensation ....... HB 760

WINE (Also See Alcoholic Beverages) Sunday Wine Sales in Tasting Facilities; entertainment district ............... SB 389

WIRETAPPING; telephonic communications; exemption to prohibition ........ HB 798

WMOG RADIO OF BRUNSWICK; commend

SR 175

WOMEN; Georgia Commission on Women; creation ........................... HB 654

WORKERS' COMPENSATION Claims; filing with State Board; procedure; date mailed or received ............ HB 117 Coverage; inclusion of certain volunteer workers; conditions ................... HB 291 Exposure to Asbestos; claims for disablement; time period for filing ..........HB 406 Group Self-insurance Fund; expand definition of county .... ................. HB 533
Independent Contractors; owner-operators of equipment...................... HB 773 Independent School Systems; participate municipal group self-insurance ....... HB 343
Insurance Administrators of Certain Plans; licensure; regulations .............. HB 776 Joint Workers' Compensation Task Force; creating........................... HR 290
Medical Benefit Charges; employer failure pay within certain period ........... HB 550 Occupational Therapists; licensure; examination; assistants; treatments......... HB 474
Recovery of Damages in Third Party Proceedings; subrogation rights of employers; attorney's fees............................................... SB 363
State Board; office of senior administrative law judge ....................... SB 323

WORLD CONGRESS CENTER Authority; board of governors; add two members; selection; term .............. SB 100 Contracts or Other Event Agreements Not Transferable ...................... SB 387 Officers, Employees; applicants for employment; criminal records check; police and security force, powers, jurisdiction .............................. SB 387 Police, Security Guards; jurisdiction; powers; employee criminal records check .................................................................. HB 928 Property Conveyance; easement to Georgia Power Company for power line ...... SR 67

WORTHY, JAMES EARL; killed Operation Desert Storm; condolences to family................................................................. SR 335

WRECKERS (See Towing, Wrecker Services)

WRIGHT, DARRON, 4-H NATIONAL CHAMPION; commend

SR 58

YOUNG HARRIS, CITY OF; corporate limits ...........................HB 945 Refer to numerical index for page numbers

2564

JOURNAL OF THE SENATE

YOUNGBLOOD, GARVIS; property conveyance; land exchange; Georgia War Veterans Cemetery ................................................... SR 106
YOUTH DEVELOPMENT CENTERS Confinement; commission of a designated felony act; drug treatment............ HB 87 Development of Program to Reduce Institutional Placement; innovation zones for home or community based placement ............................ SB 430 Implement Education, Rehabilitation Goals; center improvement plans......... SB 429 Lorenzo Benn Youth Development Center; designate in Atlanta .............. HR 157
YOUTH WITH A CAUSE, INC., AND HAMPTON BOYS HOME; commend ............................................................... SR 265

ZONING (Also See Property) Counties; review procedures; encourage separate planning commissions........ HB 825
Local Officials Disqualified Influence Actions; conflict of interest ............... SB 67 Mobile Homes and Mobile Home Parks; regulation of........................ SB 228

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