Compiler's Note The Journal of the Senate for the regular session of 1992 is bound in two separate volumes. Volume One contains January 13, 1992 through March 18, 1992. Volume Two contains March 19, 1992 through March 31, 1992 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 1992 VOLUME ONE Commenced at Atlanta, Georgia, Monday, January 13, 1992 and adjourned Tuesday, March 31, 1992 Printed on Recycled Paper OFFICERS OF THE STATE SENATE 1992 PIERRE HOWARD ................. President (Lieutenant Governor) FULTON COUNTY J. NATHAN DEAL ......................... President Pro Tempore HALL COUNTY HAMILTON McWHORTER, JR.............. Secretary of the Senate OGLETHORPE COUNTY HOLMAN EDMOND, JR. ......................... Sergeant at Arms FULTON COUNTY STAFF OF SECRETARY OF SENATE ALICE ENRIGHT .............................. Assistant Secretary FULTON COUNTY SHIRLEY SHELNUTT .............................. Journal Clerk ROCKDALE COUNTY ROBERT EWING ............................ Assistant to Secretary DeKALB COUNTY AGNES DOSTER ................................... Enrolling Clerk GWINNETT COUNTY CLARA BASKIN ................................. Bill Status Clerk COBB COUNTY LINDA THOMPSON. ............................... Calendar Clerk CLAYTON COUNTY FAYE MOORE .................................. Information Clerk GWINNETT COUNTY FREIDA ELLIS. ......................................... Bill Clerk FULTON COUNTY SARAH BROWNE .............................. Assistant Bill Clerk FULTON COUNTY MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1991-1992 Senators District Address Frank A. Albert (R)............... 23 ......... Augusta Roy L. Alien (D) .................. 2 ......... Savannah A. Quillian Baldwin, Jr. (D)........ 29 ........ LaGrange Sanford D. Bishop, Jr. (D)......... 15 ......... Columbus Rooney L. Bowen (D) ............. 13 ......... Cordele Paul C. Broun (D) ................ 46 ........ .Athens Robert Brown (D) ................ 26 ......... Macon Joe Burton (R) .................... 5 ......... Atlanta Charles C. (Chuck) Clay (R) ....... 37 ......... Marietta J. Tom Coleman, Jr. (D) .......... 1 ......... Savannah Mac Collins (R) .................. 17 ......... Jackson Harrill L. Dawkins (D) ............ 45 ......... Conyers J. Nathan Deal (D) ............... 49 ......... Gainesville Nathan Dean (D) ................. 31 ......... Rockmart Earl Echols, Jr. (D) ............... 6 ......... Patterson Arthur B. "Skin" Edge, IV (R)..... 28 ........ .Newnan Michael J. Egan (R) .............. 40 ......... Atlanta Bill English (D) .................. 21 ......... Swainsboro John C. Foster (D)................ 50 ......... Cornelia Wayne Garner (D) ................ 30 ......... Carrollton Hugh M. Gillis, Sr. (D)............ 20 ......... Soperton R. Joseph Hammill (D)............. 3 ......... Brunswick W. F. (Billy) Harris (D) ........... 27 ........ .Thomaston William G. (Bill) Hasty, Sr. (D) .. . . 51 ......... Canton Steve Henson (D)................. 55 ......... Stone Mountain Jack Hill (D) ...................... 4 .........Reidsville George Hooks (D)................. 14 ......... Americus Waymond C. (Sonny) Huggins (D) . 53 ......... LaFayette C. Donald Johnson, Jr. (D) ........ 47 ......... Royston Culver Kidd (D) .................. 25 ......... Milledgeville Arthur Langford, Jr. (D) .......... 35 ......... Atlanta Richard 0. Marable (D) ........... 52 ........ .Rome Judy H. Moye (D) ................ 34 ......... Fayetteville Sallie Newbill (R)................. 56 ......... Atlanta Sonny Perdue (D) ................ 18 ......... Bonaire Ed Perry (D) ...................... 7 .........Nashville R. T. (Tom) Phillips (R) .......... 9 ........ .Lilburn G. B. "Jake" Pollard, Jr. (D) ...... 24 ........ .Appling Harold J. Ragan (D) .............. 10 ......... Cairo Hugh A. Ragan (R) ............... 32 ......... Smyrna Tom Ranisey (D) ................ 54 ......... Chatsworth Walter S. Ray (D) ............... 19 ......... Douglas Pete Robinson (D) ............... 16 ......... Columbus David Scott (D) .................. 36 ......... Atlanta Hildred W. Shumake (D) .......... 39 ........ .Atlanta Terrell Starr (D).................. 44 .........Forest Park Cathey W. Steinberg (D) .......... 42 ......... Atlanta Horace E. Tate (D) ............... 38 ......... Atlanta Mark Taylor (D).................. 12 ......... Albany Steve Thompson (D) .............. 33 ........ .Powder Springs Jimmy Hodge Timmons (D) .... 11 ......... Blakely Loyce W. Turner (D)............... 8 ......... Valdosta James W. (Jim) Tysinger (R) ...... 41 ......... Atlanta Charles W. Walker (D) ............ 22 ........ .Augusta Eugene P. (Gene) Walker (D) ...... 43 ......... Decatur Donald L. White (R) .............. 48 ......... Suwanee MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES FOR THE TERM 1991-1992 Representatives District Address Ralph David Abernathy (D) ....... 39 ............. Atlanta Marvin D. Adams (D) ............. 79 ............. Thomaston Fred Aiken (R) ................... 21, Post 1 ....... Smyrna Dean C. Alford (D) ............... 57, Post 3 ....... Conyers Kathy B. Ashe (R)................ 25 ............. Atlanta William A. Atkins (R) ............. 21, Post 3 ....... Smyrna Thurbert E. Baker (D) ........... 51 ............. Decatur Ralph J. Balkcom (D) ............ 140 ............. Blakely Fisher Barfoot (D) ............... 120 ............. Vidalia Emory E. Bargeron (D)........... 108 ............. Louisville Bill H. Barnett (D) ............... 10 ............. Gumming O. M. (Mike) Barnett (R) ......... 59 ............. Lilburn Kermit ("K") F. Bates, Jr. (D) .... 141 ............ .Bainbridge Mike Beatty (R) .................. 12 .............Jefferson Jimmy W. Benefield (D)........... 72, Post 2 ...... . Jonesboro Kenneth W. (Ken) Birdsong (D) . . 104 ............. Gordon Peg Blitch (D)................... 150 ............. Homerville Tom Bordeaux (D)............... 122 ............. Savannah Henry Bostick (D) ............... 138 ............. Tifton Paul S. Branch, Jr. (D)........... 137 ............ .Fitzgerald Keith R. Breedlove (R)............ 60 ............ .Buford Tyrone Brooks (D)................ 34 ............ .Atlanta George M. Brown (D) ............. 88 ............. Augusta B. Joseph Brush, Jr. (R)........... 83 ............. Martinez Thomas B. (Tom) Buck, III (D).... 95 ............ Columbus Gail M. Buckner (D) .............. 72, Post 5 ....... Forest Park Roger C. Byrd (D) ............... 153, Post 2 ...... .Hazlehurst Thomas R. Campbell, Jr. (R) ...... 23 ............. Roswell Henrietta Mathis Canty (D) ....... 38 ............. Atlanta Tyrone Carrell (D) ................ 65 ............. Monroe Hanson Carter (D) ............... 146 ............. Nashville Tom Cauthorn (D) ................ 20, Post 3 ....... Atlanta John M. Chafin (D) ............... 72, Post 4 ....... Forest Park Tommy Chambless (D) ........... 133 ............. Albany Donald E. (Don) Cheeks (D) ....... 89 ............. Augusta E. M. (Buddy) Childers (D)........ 15, Post 1 ....... Rome Eugene Clark (R) ................. 20, Post 4 ....... Marietta Louie Max Clark (D).............. 13, Post 1 ....... Danielsville Lynda Coker (R) ................ 21, Post 2 ....... Marietta Terry L. Coleman (D) ............ 118 ............. Eastman Carlton H. Colwell (D) ............. 4, Post 1 ...... .Blairsville Jack Connell (D) ................. 87 ............. Augusta Ronnie Culbreth (D) .............. 97 ............. Columbus Bill Cummings (D)................ 17 ............. Rockmart Mary Young Cummings (D)....... 134 ............. Albany Dock H. Davis (D) ................ 77 ............. Franklin Grace W. Davis (D) ............... 29 ............. Atlanta J. Max Davis (R) ................. 45 ............. Atlanta Harry D. Dixon (D) .............. 151 ............. Waycross Sonny Dixon (D) ................ 128 ............. Garden City Denny M. Dobbs (D).............. 74 ............. Covington William J. (Bill) Dover (D) ........ 11, Post 1 ...... Clarkesville Wesley Dunn (D) ................. 73 ............. McDonough Ward Edwards (D)............... 112 ............ .Butler Wayne A. Elliott (R) ............. 103 ............. Macon Dorothy Felton (R) ............... 22 ............. Atlanta Ronald (Ron) Fennel (D) ......... 155 ............. Brunswick James Marvin (Jimmy) Floyd (D) . 154 ............. Hinesville Johnny Floyd (D)................ 135 ............. Cordele Crisp B. Flynt (D) ................ 75 ............. Griffin John F. Godbee (D).............. 110 ............ .Brooklet Tim Golden (D) ................. 148 ............ .Valdosta Bill Goodwin (R) ................. 63 ............. Norcross George F. Green, M.D. (D) ....... 106 ............. White Plains Gerald E. Greene (D) ............ 130 ............. Cuthbert Jim T. Griffin (D) ................. 6, Post 1 ....... Tunnel Hill Denmark Groover, Jr. (D) ......... 99 ............. Macon DeWayne Hamilton (D) .......... 124 ............. Savannah John W. Hammond (D) ........... 20, Post 5 ....... Marietta Robert (Bob) Hanner (D)......... 131 ............. Dawson Bobby Harris (D) ................. 84 ............. Thomson Jed Harris (D).................... 96 ............. Columbus Paul W. Heard, Jr. (R) ............ 43 ............ .Peachtree City Michele Henson (D)............... 57, Post 2 ....... Stone Mountain Suzi Johnson Herbert (D) ....... 76 ............. Griffin Ray Holland (D)................. 136 ............. Ashburn Bob Holmes (D) .................. 28 ............. Atlanta Henry Howard (D)................ 85 ............. Augusta W. N. (Newt) Hudson (D) ........ 117 ............. Rochelle David B. Irwin (D)................ 57, Post 1 ....... Conyers Jerry D. Jackson (D) ............... 9, Post 3 ....... Chestnut Mountain Mary Jeanette Jamieson (D) ....... 11, Post 2 ...... .Toccoa Curtis S. Jenkins (D).............. 80 ............. Forsyth Sidney P. Jones (R)............... 71 ............. Newnan Thomas M. (Tom) Kilgore (D) . . . . 42 ............. Douglasville Glynda B. King (D) ............... 72, Post 3 ...... .Riverdale Jack Kingston (R) ............... 125 ............. Savannah Kip Klein (R) .................. 21, Post 4 ....... Marietta Bart Ladd (R).................... 44 .............Atlanta Bob Lane (D) ................... Ill ............. Statesboro Dick Lane (D) .................... 27 ............ .East Point James Beverly Langford (D) ........ 7 ............ Calhoun Tom E. Lawrence (R) ............. 49 ............. Stone Mountain Bobby Lawson (D) ................. 9, Post 2 ...... Gainesville William J. (Bill) Lee (D) ......... 72, Post 1 ...... .Forest Park Bobby Long (D) ................. 142 ............. Cairo Jimmy Lord (D) ................. 107 ............. Sandersville David E. (Dave) Lucas (D) ...... 102 ............. Macon Harold Mann (R) .................. 6, Post 2 ...... .Dalton Jim Martin (D) ................... 26 ............. Atlanta Louise McBee (D) ................ 68 ............. Athens Robert H. McCoy (D) .............. 1, Post 2 ....... Rossville Forrest L. McKelvey (D) .......... 15, Post 2 ....... Silver Creek Cynthia Ann McKinney (D) ....... 40 ............. Atlanta J. E. (Billy) McKinney (D) ........ 35 ............ .Atlanta Leonard R. (Nookie) Meadows (D) 91 ........... Manchester John Merritt (D) ................ 123 ............ .Thunderbolt Wade Milam (D) ................. 81 ............. LaGrange Debra Mills (D) ................. 20, Post 2 ....... Powder Springs John 0. Mobley, Jr. (D) .......... 64 ............ .Winder Lundsford Moody (D) ........... 153, Post 1 ....... Baxley Emory Morsberger (R) ............ 62 ............. Stone Mountain Roy D. Moultrie (D) ............. 93 ............ .Hamilton Anne Mueller (R) ................ 126 ............. Savannah Thomas B. (Tom) Murphy (D) ..... 18 ............. Bremen Clinton Oliver (D) ............ 121 ........... Glennville Mary Margaret Oliver (D) ........ 53 .......... Decatur Wye Orr (D) .................... 9, Post 1 ....... Gainesville Nancy (Nan) Orrock (D) .......... 30 ............ .Atlanta Michael J. (Mike) Padgett (D) ..... 86 ............. Augusta Bobby E. Parham (D) ............ 105 .......... . Milledgeville Larry J. (Butch) Parrish (D) ...... 109 ............. Swainsboro Robert L. (Bob) Patten (D)...... 149 ........... .Lakeland Dorothy B. Pelote (D)............ 127 ............ .Savannah Tim Perry (D)..................... 5 ............ .Trion Hugh B. (Boyd) Pettit (D)......... 19 ............. Cartersville Garland Pinholster (R) ............. 8, Post 2 ....... Ball Ground Frank C. Pinkston (D) ........... 100 ............ .Macon Charles N. Poag (D) ............... 3 ............ .Eton DuBose Porter (D)............... 119 ............. Dublin McCracken (Ken) Poston, Jr. (D) ... 2 ............. Ringgold Alan T. Powell (D)................ 13, Post 2 ..... Hartwell C. J. Powell (D) ................. 145 ............. Moultrie Ralph Presley (R)................. 36 ............. Atlanta Ann R. Purcell (D)............... 129 ............ .Rincon William C. (Billy) Randall (D) . . . . 101 ............. Macon Robert Ray (D)................... 98 ............. Fort Valley Henry L. Reaves (D) ............. 147 ............. Quitman Frank L. Redding, Jr. (D) ......... 50 ............. Decatur Edward Ricketson, Jr. (D) ......... 82 ............. Warrenton A. Richard Royal (D) .......... 144 ............. Camilla Helen (Mrs.) Selman (D) .......... 32 ............. Palmetto Tom Sherrill (D) ................. 47 ............. Atlanta John Simpson (D) ................ 70 ............. Bowden Georganna T. Sinkfield (D) ........ 37 ............. Atlanta Jimmy Skipper, Jr. (D)........... 116 ............ Americus Larry Smith (D).................. 78 .............Jackson Paul E. Smith (D) ................ 16 ............. Rome Tommy Smith (D) ............... 152 ............. Alma Willou Smith (R) ................ 156 ............ .Brunswick Calvin Smyre (D) ................. 92 ............. Columbus Michael M. (Mike) Snow (D) ....... 1, Post 1 ....... Chickamauga Frank E. Stancil (D) .............. 66 ............. Watkinsville Steve Stancil (R) .................. 8, Post 1 ....... Canton LaNett Stanley (D) ............... 33 ............. Atlanta Van Streat, Sr. (D) .............. 139 ............. Nicholls Maretta Taylor (D) ............... 94 ............. Columbus Doug Teper (D) ................. 46 ............ .Atlanta Charles Thomas (D) .............. 69 ............ Temple Mable "Able" Thomas (D)......... 31 ............. Atlanta Nadine Thomas (D)............... 55 ............. Atlanta Mike L. Thurmond (D)............ 67 ............. Athens Theo Titus, III (R) .............. 143 ............. Thomasville Claude (Tommy) Tolbert (R) ...... 58 ............. Clarkston Kiliaen Townsend (R) ............. 24 ............. Atlanta Henrietta Turnquest (D) .......... 56 ............. Decatur Ralph Twiggs (D) .................. 4, Post 2 ....... Hiawassee Rita Valenti (D) .................. 52 ............. Clarkston Jack Vaughan, Jr. (R) ............. 20, Post 1 ....... Marietta H. Jay Walker, III (D) ........... 113 ............. Centerville Larry Walker (D) ................ 115 ............. Perry Vinson Wall (R) .................. 61 ............. Lawrenceville Roy (Sonny) Watson, Jr. (D)...... 114 ............ .Warner Robins Charlie Watts (D)................. 41 ............ .Dallas John White (D).................. 132 ............. Albany Tom Wilder, Jr. (R)............... 21, Post 5 ....... Marietta Betty Jo Williams (R)............. 48 ............. Atlanta Juanita Terry Williams (D) ........ 54 ............. Atlanta Robin Williams (R) ............... 90 ............. Augusta Charles W. Yeargin (D) ........... 14 ............. Elberton MONDAY, JANUARY 13, 1992 13 SENATE JOURNAL Senate Chamber, Atlanta, Georgia Monday, January 13, 1992 First Legislative Day The Senators of the General Assembly of Georgia for the years 1991-92 met pursuant to law in regular session in the Senate Chamber at 10:00 o'clock A.M. this day, and were called to order by Lieutenant Governor Pierre Howard, President of the Senate. Lieutenant Governor Howard led the Senate in the Pledge of Allegiance to the Flag of the United States of America, and introduced the chaplain of the day, Reverend J. H. Flakes, pastor of the Fourth Street Baptist Church, Columbus, Georgia, who offered scripture reading and prayer. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Those not answering were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg , a e. laylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Alien (excused) Kidd Shumake Senator Deal of the 49th moved that Senator Alien of the 2nd be excused from the Senate this week in order that he might attend a Federal Court trial. On the motion, the yeas were 45, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate this week. 14 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolutions of the House: HR 636. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution to notify the Senate that the House of Representatives has convened. HR 638. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Hamilton of the 124th, Baker of the 51st, Perry of the 5th, Purcell of the 129th, Thomas of the 55th, Banner of the 131st and Harris of the 84th. HR 639. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at a joint session of the House of Representatives and the Senate to hear a message from the Governor. HR 641. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Chief Justice of the Supreme Court. HR 640. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Irwin of the 57th, Valenti of the 52nd, Pelote of the 127th, Baker of the 51st, Moultrie of the 93rd, McCoy of the 1st and Oliver of the 121st. MONDAY, JANUARY 13, 1992 15 HR 642. By Representatives Murphy of the 18th, Connell of the 87th, Walker of the 115th and others: A resolution relative to adjournment. The following communications from Lieutenant Governor Howard, President of the Senate, were read by the Secretary: Office of Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 (404) 656-5030 January 13, 1992 Honorable Hamilton McWhorter 353 State Capitol Atlanta, GA 30334 Dear Hamilton: Pursuant to my powers under SR 1, I am moving Senator Richard Marable from the Youth, Aging & Human Ecology Committee to the Rules Committee. Please let Lewis Massey know if you need further information. Sincerely, /s/ Pierre Howard cc: Senator Nathan Dean Senator David Scott Senator Richard Marable Office of Lieutenant Governor 240 State Capitol Atlanta, Georgia 30334 (404) 656-5030 January 13, 1992 Honorable Hamilton McWhorter 353 State Capitol Atlanta, GA 30334 Dear Hamilton: Pursuant to SR 1, I am appointing the following individuals to the Senate Ethics Committee: Senator Nathan Deal, Chairman Senator Hugh Gillis Senator Jake Pollard Senator Sanford Bishop Senator Cathey Steinberg Senator Mike Egan Senator Jack Hill Sincerely, /s/ Pierre Howard cc: Senator Nathan Deal Senator Hugh Gillis Senator Jake Pollard Senator Sanford Bishop 16 JOURNAL OF THE SENATE Senator Cathey Steinberg Senator Mike Egan Senator Jack Hill The following communication from Honorable Max Cleland, Secretary of State, was read by the Secretary: January 5, 1990 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Mr. McWhorter: I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1992 Session of the General Assembly as of January 10, 1992. The list is numbered 1 through 745. Most sincerely, kl Max Cleland 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 associations who have registered in the Docket of Legislative Appearances as of January 10, 1992, in accordance with Georgia Law 1970, page 695; as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 10th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (SEAL) /a/ Max Cleland Secretary of State. 14th District PTA Carol Benton 1859 Hardman Lane Woodstock, Georgia 30188 (404)924-4732 ,, ^agan ocf i1r0vitih. Ray Robinson Scott Starr Steinberg6 Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Bowen Burton Collins Edge Egan Newbill Phillips Ragan of 32nd Ramsey _ Tysmger White Those not voting were Senators: Alien (excused) Henson Shumake On the adoption of the substitute, the yeas were 40, nays 13, and the substitute offered by Senators Kidd of the 25th, Walker of the 43rd and Dawkins of the 45th was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 196 would be suspended until Tuesday, January 14. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 207. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 35-3-35 of the Official Code of Georgia Annotated, relating to dissemination of records of the Georgia Crime Information Center, so as to revise authorization procedures regarding the availability of certain crimi nal history records to county boards of registrars or county boards of registration and election. Senate Sponsor: Senator Kidd of the 25th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg MONDAY, JANUARY 13, 1992 91 Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Bowen Henson Shumake Starr On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 1:01 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. 92 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 14, 1992 Second Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 485. By Senator Kidd of the 25th: A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to revise the "Geor gia Motor Vehicle Emission Inspection and Maintenance Act"; to provide a short title; to require certificates of emission inspection for motor vehicles in certain counties; to require proof of emission inspection as a prerequisite to registering or licensing a motor vehicle. Referred to Committee on Public Safety. SB 486. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that no person shall be a state court judge unless he or she shall have been a resident of the state for three years. Referred to Committee on Judiciary. SB 487. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide for the offense of habitual impaired driving; to provide for penalties; to change certain requirements for issuance of a probationary license; to require a criminal history check of an applicant for a probationary license. Referred to Committee on Judiciary. SB 488. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Foster of the 50th: A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment under the "Quality Basic Education Act," so as to provide for a pay-for-performance program for rewarding group productivity; to provide for development and im plementation of the program by the State Board of Education; to provide for proposals by local schools. Referred to Committee on Education. TUESDAY, JANUARY 14, 1992 93 SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to im plied consent; to provide for the suspension of a driver's license or the disqualifi cation of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driv ing under the influence of alcohol. Referred to Committee on Judiciary. SB 490. By Senator Timmons of the llth: A bill to amend Code Section 44-3-135 of the Official Code of Georgia Annotated, relating to filing fees, updated filing documents, change of ownership, and mini mum size requirements of cemeteries with respect to preneed dealers and ceme teries under the "Georgia Cemetery Act of 1983," so as to change the provisions relating to minimum size requirements. Referred to Committee on Governmental Operations. SB 491. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning limitations of actions, so as to provide that an action may not be brought in this state if such action is barred by a statute of limitations of another state, territory, or foreign country where it arose. Referred to Committee on Judiciary. SB 492. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a judge shall permit authorized representatives of the Children and Youth Coordinating Coun cil to inspect and extract data from any court files and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. Referred to Committee on Youth, Aging and Human Ecology. SB 493. 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 authorize the commissioner to adopt rules and regulations for the use of departmental equipment by uni formed personnel. Referred to Committee on Public Safety. SB 494. By Senator Ramsey of the 54th: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to change the penalty for fleeing or attempting to elude while exceeding the speed limit by a certain amount or by leaving the state. Referred to Committee on Special Judiciary. SB 495. By Senator Ramsey of the 54th: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to provide for compensation for persons performing marriage ceremonies. Referred to Committee on Governmental Operations. 94 JOURNAL OF THE SENATE SB 496. By Senator Ramsey of the 54th: A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriff's services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil cases. Referred to Committee on Governmental Operations. SB 497. By Senator Ramsey of the 54th: A bill to amend Article 2 of Chapter 4 of Title 17 of the Official Code of Georgia Annotated, relating to arrest by law enforcement officers in general, so as to pro vide that a sworn law enforcement officer shall be authorized to transport an arrested person from one jurisdiction to the municipal jurisdiction in which the offense is alleged to have been committed. Referred to Committee on Special Judiciary. SB 498. By Senator Ramsey of the 54th: A bill to amend Part 3 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens by mechanics and materialmen, so as to provide that only a general contractor can place a lien on residential real prop erty; to provide definitions. Referred to Committee on Special Judiciary. SB 499. By Senator Ramsey of the 54th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change the definition of authorized emergency vehicle; to authorize the Board of Public Safety under certain conditions to des ignate as an emergency vehicle the private vehicle belonging to a paid or volun teer fireman, emergency management rescue specialist, ambulance attendant, emergency medical technician, or paramedic. Referred to Committee on Public Safety. SB 500. By Senator Ramsey of the 54th: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, and Title 46 of the Official Code of Georgia Anno tated, relating to public utilities and public transportation, so as to create a Com mercial Division of the Department of Public Safety; to provide for the powers, duties, and responsibilities of such division. Referred to Committee on Public Safety. SB 501. By Senator Pollard of the 24th: A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to provide that future school superintendents shall be nominated and elected in nonpartisan primaries and elections; to provide for a referendum; to provide for submission of this Act to the United States Attorney General for approval; to provide when this Act shall be void and repealed. Referred to Committee on Urban and County Affairs. SB 502. By Senators Foster of the 50th and Deal of the 49th: A bill to amend Code Section 48-5-306 of the Official Code of Georgia Annotated, relating to notice of changes made by county boards of tax assessors in returns and assessments of property, so as to require such notice to contain criteria used TUESDAY, JANUARY 14, 1992 95 by the county board of tax assessors in the event the assessed value of property is increased over the amount of the previous assessment. Referred to Committee on Finance and Public Utilities. SB 503. By Senators Foster of the 50th, Kidd of the 25th, Ray of the 19th and Garner of the 30th: A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions, so as to provide that any correctional institution which houses 500 or more inmates shall employ a full-time chaplain; to provide for qualifications. Referred to Committee on Corrections. SB 504. By Senator Foster of the 50th: A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that persons who cannot communicate in the English language shall be incompetent to serve as grand jurors; to provide that any prospective juror who cannot communicate in the English language may be challenged for cause in the trial of any case and, if the judge is satisfied of the truth of such objection, the prospective juror shall be set aside for cause. Referred to Committee on Special Judiciary. SB 505. By Senators Broun of the 46th, Bowen of the 13th, Foster of the 50th 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 license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm; to provide for pro cedures and qualifications for the issuance of such license plates; to provide for fees. Referred to Committee on Public Safety. SB 506. By Senators Hasty of the 51st, Ramsey of the 54th, Foster of the 50th and others: A bill to amend Code Section 20-2-282 of the Official Code of Georgia Annotated, relating to the comprehensive evaluation of public schools, so as to provide an exemption from such comprehensive evaluations and standards and procedures relating thereto. Referred to Committee on Education. SB 507. By Senators Bishop of the 15th and Foster of the 50th: A bill to amend Code Section 20-2-150 of the Official Code of Georgia Annotated, relating to eligibility for enrollment, so as to require the social security number of any student enrolled in a public school; to require each local unit of administra tion to establish and implement a plan for notifying the public of the information requirement prior to the beginning of each school year; to provide for waiving this requirement. Referred to Committee on Education. SB 508. By Senator Broun of the 46th: A bill to amend Code Section 40-2-31 of the Official Code of Georgia Annotated, relating to motor vehicle license plates, so as to provide that certain license 96 JOURNAL OF THE SENATE plates and county decals shall be retroreflective or reflective only upon a determi nation of necessity by the Governor, the director of the Office of Highway Safety, and the commissioner of public safety. Referred to Committee on Public Safety. SB 509. By Senator Ramsey of the 54th: A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to sub stantially revise "The Uniform Standards Code for Manufactured Homes Act"; to create the Georgia Manufactured Home Commission; to require a Department of Housing and Urban Development label of compliance on all manufactured homes; to create the "Georgia Manufactured Home Recovery Act". Referred to Committee on Insurance and Labor. SB 510. By Senators Broun of the 46th and Starr of the 44th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide that when employees of the executive, judicial, and legislative branches of government are required to take one or more days of furlough each month for which no compen sation or salary is required from the state, each member of the General Assembly shall be authorized to have his or her salary reduced by an equivalent amount for each furlough day required of a state employee. Referred to Committee on Appropriations. SB 511. By Senators Broun of the 46th and Foster of the 50th: A bill to amend Article 1 of Chapter 6 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions regarding the Department of Audits and Accounts, so as to require annual audits of the county, independent, and area school systems of this state; to provide that an annual audit report shall be a public record for the purposes of Article 4 of Chapter 18 of Title 50; to provide for applicability; to provide an effective date. Referred to Committee on Education. SR 362. By Senators Foster of the 50th and Deal of the 49th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by local or general law for taxes, fees, or as sessments to support local school systems in addition to taxes on real property; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 363. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Milledgeville, Baldwin County, Georgia; to provide an effec tive date. Referred to Committee on Finance and Public Utilities. SR 364. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. TUESDAY, JANUARY 14, 1992 97 SR 365. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 366. By Senator Hasty of the 51st: A resolution designating the Ben Jess Logan, Sr. Memorial Bridge. Referred to Committee on Transportation. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 198. Do pass. HB 233. Do pass. HB 829. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 10. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 459. Do pass. SB 463. Do pass. SB 470. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Deal Dean 98 JOURNAL OF THE SENATE Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not anwering were Senators: Alien (excused) Brown of 26th Gillis Langford Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Foster of the 50th introduced the chaplain of the day, Reverend Bruce Dodd, President of Rabun Gap Nacoochee School, Rabun Gap, Georgia, who offered scripture reading and prayer. SENATE CALENDAR Tuesday, January 14, 1992 SECOND LEGISLATIVE DAY HB 196 Unopposed Candidate--no contribution disclosure (Substitute) (Gov Op--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on January 13, 1992.) Senator Egan of the 40th introduced the doctor of the day, Dr. Joy Maxey, of Atlanta, Georgia. The following general bill of the House, having been read the third time on January 13, 1992, and final action suspended until today, pursuant to Senate Rule 143, was continued upon its passage: HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that an unopposed candidate or the campaign committee of an unopposed candi date shall not be required to file certain disclosure reports. Senate Sponsor: Senator Kidd of the 25th. The substitute to HB 196 offered by Senators Kidd of the 25th, Walker of the 43rd and Dawkins of the 45th on January 13, as it appears in the Journal of January 13, was automat ically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 37, nays 7, and the substitute offered by Senators Kidd of the 25th, Walker of the 43rd and Dawkins of the 45th was adopted. TUESDAY, JANUARY 14, 1992 99 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: Baldwin Bowen Broun of 46th Brown of 26th Coleman Dawkins Deal Dean Echols English Foster Garner Gillis Hammill Harris Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Pollard Ragan of 10th Ray Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Walker of 43rd Those voting in the negative were Senators: Albert Burton Clay Collins Edge Egan Newbill Phillips Ragan of 32nd Ramsey Tysinger White Those not voting were Senators: Alien (excused) Bishop Hasty Henson Hill Langford Shumake Tate Walker of 22nd On the passage of the bill, the yeas were 35, nays 12. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Egan of the 40th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 196. Senator Garner of the 30th moved that the Senate recess at 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing the State of the State message by His Excellency, Governor Zell Miller, and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 10:00 o'clock A.M. tomorrow. The motion prevailed. The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing the State of the State message by His Excellency, Governor Zell Miller, was called to order by the President of the Senate. HR 638, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House. 100 JOURNAL OF THE SENATE His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representatives as follows: STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334 The ancient Chinese had a saying that went, "May you live in interesting times." The Chinese considered it a curse. I prefer to think of it as a blessing. But whether blessed or cursed, these are interesting times to be in state government. From New Hampshire to New Mexico, from California to Connecticut, state govern ments are bearing the burden of Washington's abdication of responsibility. Today, in state capitols from Albany to Atlanta, governors and legislators are living by Harry Truman's motto: "The buck stops here." Nowadays in Washington, the buck hardly even slows down. All across the country, it seemed like each day of 1991 brought more news of economic gloom, layoffs, plant closings and declining retail sales. And some of us came to believe the old axiom that no news would be good news. But I am here to tell you this morning that Georgia is on the move. The name of Geor gia is on the lips of more and more people across the nation and around the world. Good things, exciting things have been happening all around us. We used to be known for naming things after peach trees and for the Southern charm that still clung to us from the days of Gone With the Wind. But Georgia's building a new reputation across the nation and around the world. Last February, the 24th Infantry Division from Georgia's Fort Stewart became the "gee whiz kids" of the free world for their dash across the Persian sands to block the retreat of Saddam Hussein's Republican Guard. Georgia's own CNN, long snubbed as the Rodney Dangerfield of broadcasting, came into its own as an unsurpassed international news force. And Time magazine named Geor gia's Ted Turner "Man of the Year." Fortune magazine named Atlanta the best city in the nation to do business. A study by Louis Harris & Associates concluded it was the best city to locate a business. UPS, Holiday Inns and NCR pulled up stakes and headed for Georgia. The World Series was a baseball spectacular in which our Atlanta Braves kept the en tire nation on the edge of its seat. And Jerry took the Falcons to the playoffs in his second year here. And that was just a taste of what is ahead of us, with the Super Bowl coming in 1994 and the Summer Olympic Games in 1996. On a more scholarly note, the larger units of our University System continue their rise in the national rankings done by U.S. News & World Report. And the Georgia Research Alliance is becoming a promising catalyst in industrial and medical research and development. For us in state government, 1991 was a time of declining revenues and budget cuts. Some of those cuts were painful. But, as Ben Franklin used to say, "Necessity is the mother of invention." In that re spect, this national recession has been quite a "mother." We used this opportunity to streamline state government, eliminating almost 3,000 bu reaucratic positions and calling on our remaining corps of state employees to be leaner, and rewarding innovation, imagination and ingenuity. TUESDAY, JANUARY 14, 1992 101 Our departments and agencies rose to the occasion, doing a remarkable job of carrying out your directives of last August without disrupting services. - A headline in the Atlanta papers a week ago read, "Few feeling cuts in state services; agencies lessen impact on taxpayers." And, despite the cuts, a number of exciting things got under way in state government. Preservation 2000 acquired more than 8,000 acres of natural, ecologically sensitive land. And its advisory council developed the criteria and process for future site selection. Georgia became the first state in the South to receive a $22 million federal grant to develop child care programs. The Georgia No-Tillage Assistance Program won a $100,000 award from the Ford Foun dation as one of the nation's top 10 innovations in state and local government. We are receiving national attention for the Family Connection, an innovative program that brings together schools, social services and health services to coordinate communitybased assistance for families who are at risk. It is a public-private effort, with the seed funding coming from the Woodruff Foundation. In another public-private effort, satellite communications technology is bringing medi cal expertise into rural hospitals and doctor's offices, and beaming math, science and for eign-language courses to schools which otherwise could not offer them. We have a lot of things to be proud of, but we must do even more. When the eyes of the world are on us in 1996, I want them to see a Georgia that is thriving and growing toward greater prosperity. A Georgia whose young people are being educated and trained for the jobs of the future. A Georgia whose air and water are clean and whose natural beauty is preserved for future generations. A Georgia whose streets are safe for young and old. And I know that's what most of you want, too. But it will not happen of its own accord. It will come only as the result of the deliberate action of the men and women in this chamber to make it happen. We have a critical choice to make: We can either spread our limited resources across the length and breadth of state government and not really make much of an impact anywhere. Or, we can keep our belt tightened in most places, while we target those resources spe cifically at some critical needs that are essential to prepare for future growth. I want to target our resources. Beginning this week, I will lay before you a budget and package of legislation that all fits together into an ambitious and far-reaching program I call Georgia Rebound. Its priorities reflect the cares and concerns of the working families who pay our salaries: Making our children's education better, our streets and neighborhoods safer, our environ ment cleaner and our economy stronger. This morning I want to talk about the legislative side of those four points. Only the highlights. The package includes over 40 bills, and we'd be here all day if I tried to cover them all. On Thursday, we will look at programs and projects that require funding. The primary bill in the education portion of Georgia Rebound is the enabling legisla tion for the lottery. I have worked closely with Rep. Sonny Watson as this legislation was formulated, and I am grateful for his help and advice. I propose a lottery that is run strictly as a business by a board of proven business leaders, not state bureaucrats. We are not going to take the first cent of state tax revenues away from other programs to operate it. 102 JOURNAL OF THE SENATE Business will be conducted on a bid basis, and minority and small businesses will be encouraged to participate. - Even though the lottery will be operated as a business independent of state revenues and officials, we are going to provide for legislative oversight to ensure its sensitivity to the citizens of Georgia. And I want a portion of the proceeds to be used for education and treatment programs on compulsive gambling. I propose that we divide the net proceeds evenly among three critical education needs: First, voluntary programs for our 4-year olds, where learning is so important. Last month the Carnegie Foundation for the Advancement of Teaching released an ex tensive study on the readiness of our children to begin kindergarten. It found that here in Georgia, 40 percent of our kindergarten kids are struggling. They came to kindergarten not prepared to learn. Five-year-olds who do not know their numbers, colors and letters, and who have not developed social skills, are already far behind when they walk in the classroom door on the first day of kindergarten. Most never catch up. Many will drop out. Extensive studies document that at-risk children who attend pre-school are more likely to complete high school, more likely to find stable employment, more likely to continue their education, less likely to become pregnant as teens, less likely to be on welfare and less likely to be arrested. Those are facts. I don't want Georgia to continue to be last in the nation in its programs for children as we are now. Thirty other states already have preschool programs, and we absolutely must start one in Georgia targeted at the 40 percent of 4-year-olds who are at risk. But it will be voluntary, because some parents choose to teach their preschoolers at home. And we will provide learning materials for at-home mothers to use and help them every way we can. Second, equipment and special capital outlay needs in K-12 and in higher education. Computers are very effective, cost-efficient teachers. They never forget a key point, never leave a slow child behind. And a small school can offer an advanced course to one student for the cost of the software. The lottery proceeds can fill our classrooms with these superior learning tools. The equipment and capital outlay money will also help to update labs in our high schools and institutions of higher learning. This is important, because industry, as you can imagine, is not very impressed with students who are trained on old equipment that is not in use anywhere in the private sector anymore. And of course we must not overlook our physical facilities. We have thousands of kids in makeshift mobile homes instead of classrooms. And the roof of the University System is leaking, because we have a lot of older build ings that have not been given the needed renovation and repair. The third program proposed for funding will be the most all-inclusive scholarship pro gram to be found in any of the 50 states for bright students who otherwise would find it difficult to go to college. Right now only 15 percent of our kids are graduating from college. South of Macon, it is only 8 percent. The national average is 25 percent. Georgia can do better. Georgia must do better. The most critical long-term need Georgia faces is a better-educated workforce. And just TUESDAY, JANUARY 14, 1992 103 when it is essential to increase the number of youngsters who go into college or vocationaltechnical training, the cost of tuition is soaring out of reach for most of our citizens. _ Other than health care, which largely must be answered on the national level by Con gress, this is the single best way to help our middle-income families. For them, it is a pocketbook issue of major proportions. With the lottery proceeds, Georgia can provide scholarships by the thousands to deserv ing students who want to go to college or a vocational school. This is Georgia's opportunity to pioneer the most far-reaching scholarship program in the nation -- and not only for those who are minorities or who come from lower income families. But also those middle-income families who are devastated with the cost of educa tion and training beyond high school. If you want to invest in the economic future of this state and at the same time do something to help the forgotten, average working family -- this is it. Finally, a reserve fund. As we all know, the course of the economy never runs smooth -- but neither does true love. Economic growth ebbs and flows, and so will lottery proceeds. So we need to assure a constant level of funding for these programs that carries across the dips and swells in the lottery proceeds. To do that, I propose a reserve fund. Each year for the first few years the lottery is in operation, we are going to put 10 percent of the proceeds into a reserve fund until it is built up to a certain level, and then we will keep it there. That, in a nutshell, is my lottery proposal -- a businesslike operation, free from politi cal influence and fair to all who want to be involved. And its proceeds will be used not to supplant current education funds, but to enhance them through prekindergarten programs, equipment and capital outlay and scholarships for deserving kids from low- and middle-income families. And a reserve fund so that we can hold a steady course. While we are on the education portion of Georgia Rebound, let me say a word about pay for performance for our teachers. I have had a special commission working most of last year to formulate a plan, and I told them right from the start that I had no preconceived notions as to what form it ought to take. They have recommended that we begin by rewarding schools and giving the school dis cretion in the use of the funds it receives. Then move on to pay for performance for individ ual teachers. That is a good way to start, because one of the key messages that has developed over the year as we started The Family Connection, held the Governor's Conference on Educa tion and launched Georgia 2000 is the importance of local initiative, creativity and freedom to tailor programs to the community's needs. Structuring a pay-for-performance program as my commission has proposed provides yet another incentive for teamwork at the local level, so that teachers help each other rather than compete against each other. In the beginning of my remarks, I mentioned several public-private partnerships that got under way during the first year of my administration. Another important education part of Georgia Rebound is the Governor's Institute for School Leadership. Many of our school principals and administrators are former teachers who were pro moted out of the classroom. While their teaching experience is very helpful in their new jobs, they often lack comprehensive administrative skills. And I want to give them some assistance and instruction in that regard. 104 JOURNAL OF THE SENATE There are many other far-reaching education programs in Georgia Rebound, and I will touch on some more on Thursday. But for now let me move on to economic development. In my televised remarks on Sunday night, I said that we must bridge the gap between the prosperous metropolitan areas that have run on ahead and the small, rural towns, many of them desperately poor, that have been left behind. I believe that with all my heart, and that is why I want to expand the Job Tax Credit. As some of you will recall, we originally enacted the Job Tax Credit in 1989. In retrospect, it has proved to be one of the more insightful things we've done. For every dollar the state loses in the form of this tax credit, we gain $3 from the new jobs that made the credit applicable. In the process of putting Georgia Rebound together, I have been working closely with Sen. Jack Hill and his Rural Policy Study Committee and with Rep. Ray Holland, whose district includes some of this state's most distressed counties and who has been a prime mover in the House on this issue. The Job Tax Credit now applies only to manufacturing and distribution businesses in the 40 most economically distressed rural counties. I want to double the number of eligible counties, with the 40 most severely depressed counties having a $2,000 tax credit, double what we give now, and the second 40 to be added at a $1,000 credit for every job created. I also want to broaden the range so that all busi nesses will be eligible. If we don't do this, South Carolina, with the incentives they can offer, will eat our lunch. Georgia Rebound also contains a major package of improvements to our economic de velopment infrastructure, and I will get into that more on Thursday. In the area of the environment, Georgia Rebound focuses on two things: the acquisition of more land for wilderness preservation, hunting, fishing and recreation, and the whole issue of waste. I mentioned the work of Preservation 2000 at the beginning of my remarks, and I will tell you more about it and about my proposals to assist local governments in dealing with water sewer and waste-water facilities on Thursday. What I want to talk about briefly today is the longer-term focus, which is embodied in the Georgia Research Alliance. For several years, many of us have been going around saying that the University of Georgia, Georgia Tech and Emory combined conduct more research than the three institu tions that anchor Research Triangle in North Carolina. And that's true. But what North Carolina has that we don't is coordination. They gathered their re search programs into a package and promoted it. Well, look out North Carolina, here comes the Georgia Research Alliance. The Research Alliance includes not just three, but all six of this state's major research universities -- public and private -- in a unique partnership with each other and with the private sector as well. The Research Alliance has identified three areas in which we already have research going on independently at several universities and which show great promise in privatesector applications. They are telecommunications, genetics and environmental technology. At the beginning of my remarks, I mentioned the tremendous potential of telecommuni cations in bringing medical expertise and education enrichment to rural areas of the state, and that is just one application of this cutting-edge technology. TUESDAY, JANUARY 14, 1992 105 A second emphasis of the Research Alliance is on environmental technology, and that is going to be of tremendous benefit to Georgia because we are a manufacturing state. Through the Research Alliance, Georgia will launch a major effort to become a center of expertise and move to the forefront in technology that controls air and water pollution and is effective in controlling the environmental problems we have. The point of the Research Alliance is to coordinate and expand the research programs at its member institutions, which will not only attract eminent scholars and make us a center of expertise, but will also attract businesses and spin off new firms -- 5,000 high-tech, high-wage jobs projected over the next 10 years. What I hope you are seeing as I speak is the way that all the pieces of Georgia Rebound connect to each other. The Georgia Research Alliance, for example, is made up of educational institutions, but it will be attacking the problem of pollution, and in the process it will be creating jobs and stimulating economic growth. The fourth part of Georgia Rebound is public safety. If we want jobs to come to our communities, we must offer not just a good education and high quality of life. We must also have safer streets. On Thursday, I will talk more about correctional institutions. Today, I want to high light briefly my legislation relating to DUI and habitual traffic offenders. We were all stunned by a feature a few months ago in the Atlanta newspapers that graphically demonstrated the ease with which a drunk driver or habitual offender returns to the road and commits the same offense all over again. We have loopholes to close, and we must close them. I will propose legislation to expedite significantly the license suspension process for any one who fails or refuses to take a breath test. And I want us to require some tangible evidence of changed habits before we reinstate the driver's license of a DUI offender at the end of the suspension period. There is always a human side to everything, and tight economic times play themselves out in people's lives. So there is a human services side of my legislative package as well. I'll tell you more about that on Thursday, but let me mention two pieces of legislation I am coming with. I want to do something about what I call "deadbeat dads." We have an increasing number of mothers who are desperately trying to get help from absentee fathers to support the children they fathered. To help these mothers, I propose that we strengthen proof-of-paternity right from the start by recording the name and Social Security number of the father on birth certificates, and then allow this information to be introduced in court. I also propose that we allow the cost of health insurance premiums to be included as part of a child-support order for income withholding. Of course, Georgia Rebound will cost money. I reminded the Appropriations Commit tees last week of the Loretta Lynn song that goes, "Everyone wants to go to heaven, but nobody wants to die." She was saying in that colorful way of hers that everything has a price. So, in addition to legislation in these four areas, Georgia Rebound includes a package of bills updating our user fees to generate the necessary revenue. I'll get into the details on Thursday when we talk dollars and cents. But let me say this by way of explanation: Like every other state, Georgia charges user fees for services to citizens who want them. And, like every other state, we originally designed those services on a pay-as-you go basis. But while other states around us have been increasing their fees over the years as costs 106 JOURNAL OF THE SENATE have risen, we have held onto our old, outdated, antiquated fee structure and paid ever larger subsidies out of the state treasury to keep these services operating. Our user fees have not been increased in years, in decades -- some of them not since Eisenhower was president in the '50s. To give you an example of how out of whack our fee structure has gotten, Eugene Talmadge got elected governor during the Great Depression in the 1930s by proposing a $3 fee for car tags. I am proposing a fee that is the equivalent of a $1.70 tag in Gene Talmadge's day. We have ample room to adjust our fees and still keep them below average for the Southeast. I don't want to get out of sync with our neighbors, and under my proposal we don't. Georgia Rebound is an ambitious, far-reaching legislative/budgetary agenda for fiscal year '93. If it is implemented, without question, Georgia will set the pace in the Southeast in education, environmental preservation, economic development and public safety. But it will mean targeting our limited resources in these specific areas. It will mean making hard choices, setting priorities and paying a price. I'd like to conclude this morning with something Aristotle said. He was once asked to define the difference between a barbaric culture and a civilization. And he said that in a barbaric culture, people live from day to day or week to week. They go out and plunder, then they consume what they plundered and they go out and plunder again. But in a civilization, people go out and they plan, and they work for the next genera tion. They want to pay back what their parents have done for them by doing more for their children. And that is how civilization progresses. There have been 10 generations of Georgians since this state was founded, and each one has fulfilled Aristotle's requirement of a civilization. Each left this state in a little better condition than they had inherited it from their parents. We are the first generation at risk of doing the opposite. Presently, we are not giving our children the education and skills they are going to need to make their own way and earn their own way in the 21st century. You and I do not want to be part of a generation that leaves that as its legacy. You and I do not want to have had the chance to make a difference and let it pass us by. For the sake of our children -- and their children -- please give me your help, and let us, together, head this state in the right direction. Senator Garner of the 30th moved that the Joint Session be now dissolved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow. WEDNESDAY, JANUARY 15, 1992 107 Senate Chamber, Atlanta, Georgia Wednesday, January 15, 1992 Third Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Egan of the 40th moved that the Senate reconsider its action on January 14 in passing the following bill of the House: HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide that an unopposed candidate or the campaign committee of an unopposed candi date shall not be required to file certain disclosure reports. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Burton Clay Collins Edge Egan Newbill Ragan of 32nd Tysinger White Those voting in the negative were Senators: Baldwin Bowen Brown of 26th Coleman Parkins pEFoc*hstonel,rs Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson KTLaidndgf,ord, Marable Moye Perdue Perry Pollard Ragan of 10th Ramsey Ray Scott Starr _TStaet,ienbergB Taylor Thompson Timmons Turner Walker of 43rd Those not voting were Senators: Albert Alien (excused) Bishop Broun of 46th Deal English Phillips Robinson Shumake Walker of 22nd On the motion, the yeas were 9, nays 37; the motion was lost, and HB 196 was not reconsidered. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. 108 JOURNAL OF THE SENATE The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 512. By Senator Turner of the 8th: A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commis sion, so as to change and clarify certain powers of the commission; to provide an effective date. Referred to Committee on Banking and Financial Institutions. SB 513. By Senator Turner of the 8th: A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to change and clar ify certain powers of the authority; to provide an effective date. Referred to Committee on Banking and Financial Institutions. SB 514. By Senator Foster of the 50th: A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share funds that local school systems are required to spend to support the Quality Basic Education Program, so as to provide that the local per capita income be included in the formula used to determine the amount of such funds; to provide that the State Board of Education shall use certain per capita income figures. Referred to Committee on Education. SB 515. By Senator Deal of the 49th: A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to requirements for official organ of publication, so as to provide that no newspaper shall be declared the official organ of a county unless the newspaper has been published and mailed to subscribers in the county for two years. Referred to Committee on Judiciary. SB 516. By Senators Henson of the 55th, Ramsey of the 54th, Huggins of the 53rd and Edge of the 28th: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to place certain restrictions on accept ance of a plea of nolo contendere. Referred to Committee on Special Judiciary. SB 517. By Senator Henson of the 55th: A bill to amend Code Section 15-12-122 of the Official Code of Georgia Anno tated, relating to jury panels for civil actions, so as to change the provisions relat ing to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date. Referred to Committee on Special Judiciary. SB 518. By Senators Baldwin of the 29th, Broun of the 46th, Deal of the 49th, Johnson of the 47th and Edge of the 28th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide for the imposition of a judicial WEDNESDAY, JANUARY 15, 1992 109 branch personnel continuing judicial education fee on all civil filings in all mu nicipal, probate, magistrate, state, and superior courts; to provide for legislative intent; to provide for exemptions. - Referred to Committee on Judiciary. SB 519. By Senator English of the 21st: 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 to delete dairy products from such definition; to provide who shall be required to post bond; to change an exception. Referred to Committee on Agriculture. SB 520. 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 of terms used in the Official Code of Georgia Annotated and in other laws of this state, so as to change the definitions of agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; to provide that such definitions shall not apply to certain provisions of the Offi cial Code of Georgia Annotated or other laws; to provide an effective date. Referred to Committee on Agriculture. SB 521. By Senator English of the 21st: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to prohibit certain acts or practices and provide for penalties. Referred to Committee on Agriculture. SB 522. By Senators Gillis of the 20th, Garner of the 30th and Deal of the 49th: A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Dams Act of 1978," so as to provide that final orders of the director of the Environmental Protection Division of the De partment of Natural Resources or of the Board of Natural Resources administra tive law judge may be filed in the superior court in the county in which the per son under order resides or in the county in which the violation of that part occurred. Referred to Committee on Natural Resources. SB 523. By Senators Gillis of the 20th, Deal of the 49th, Garner of the 30th and others: A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances. Referred to Committee on Natural Resources. SB 524. By Senators Steinberg of the 42nd, Deal of the 49th, Garner of the 30th and Hill of the 4th: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for violations of Code Section 40-6-391, relat ing to driving under the influence of alcohol or drugs; to amend Code Section 17- 110 JOURNAL OF THE SENATE 15-10 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Crime Victims Emergency Fund, so as to provide moneys for such fund. Referred to Committee on Judiciary. SB 525. By Senators Collins of the 17th, Newbill of the 56th and Edge of the 28th: A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury and has been bound over to a court in the county having jurisdiction to try and shall not be subject to a plea bargain. Referred to Committee on Special Judiciary. SR 369. By Senator Thompson of the 33rd: A resolution authorizing and directing the conveyance of certain state-owned property located in Cobb County, Georgia. Referred to Committee on Finance and Public Utilities. SR 370. By Senators Collins of the 17th, Newbill of the 56th and Edge of the 28th: A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupations (FHA/HERO) youth service organization and proclaiming February 11, 1992, as FHA/HERO Day at the state capitol. Referred to Committee on Rules. SR 371. By Senators Deal of the 49th, Pollard of the 24th, Gillis of the 20th and others: A resolution amending the Rules of the Senate. Referred to Committee on Rules. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 460. Do pass. Respectfully submitted, Senator Langford of the 35th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 475. Do pass. SR 359. Do pass. HB 456. Do pass as amended. Respectfully submitted, Senator Starr of the 44th District, Chairman WEDNESDAY, JANUARY 15, 1992 111 Mr. President: The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 495. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 318. Do pass. HB 695. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill and resolution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 708. Do pass. HR 500. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman The following bills of the Senate were read the second time: SB 459. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to random drug testing of employees in high-risk jobs, so as to permit employees to provide medical information relevant to the drug tests; to provide for retesting of certain employees; to provide that an employee con ducting high-risk work found to have used an illegal drug shall be suspended from his or her public employment. SB 463. By Senator Kidd of the 25th: A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Speech-Language Pathology and Audiology Licens ing Act," so as to change the definition of the term "speech-language pathology aide" or "audiology aide"; to change the provisions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology. SB 470. By Senator Kidd of the 25th: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change the date of the pres idential preference primary; to require certain elections to be conducted on such revised date; to provide for the preparation, obtaining, and delivering of certain 112 JOURNAL OF THE SENATE absentee ballots, envelopes, and supplies; to provide for duties and procedures for election officials. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not answering were Senators: Alien (excused) Egan Langford Shumake Walker of 43rd The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator White of the 48th introduced the chaplain of the day, Reverend Mike Portwood, paster of the Snellville Christian Church, Snellville, Georgia, who offered scrip ture reading and prayer. The following resolutions of the Senate were read and adopted: SR 367. By Senator Hooks of the 14th: A resolution expressing sympathy at the passing of Ernest R. Anderson. SR 368. By Senator Broun of the 46th: A resolution commending Margaret Lex Schneider. SR 372. By Senator Garner of the 30th: A resolution commending Elton King Hunter, Sr. SENATE CALENDAR Wednesday, January 15, 1992 THIRD LEGISLATIVE DAY SB 10 City Water Service--no denial when arrears by former occupant (Substitute) (F&PU--39th) HB 198 Election for Special 1% Sales Tax--time period to conduct (F&PU--44th) WEDNESDAY, JANUARY 15, 1992 113 HB 233 Ad Valorem Tax--limits on land use consideration in fair market value (F&PU--20th) HB 829 PSC--change provisions for the election of the chairman (Substitute) (F&PU--20th) The following general bill of the Senate, having been read the third time on January 13, 1992, and committed to the Senate Committee on Finance and Public Utilities, and favora bly reported by the committee, was put upon its passage: SB 10. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user. Senator Phillips of the 9th moved that SB 10 be postponed until February 3. On the motion, the yeas were 40, nays 0; the motion prevailed, and SB 10 was post poned until February 3. Senator Dean of the 31st moved that the Senate stand in recess from 11:00 o'clock A.M. until 11:19 o'clock A.M. to allow the Senate Committee on Rules to meet. On the motion, the yeas were 42, nays 0; the motion prevailed, and the Senate stood in recess at 11:00 o'clock A.M. At 11:19 o'clock A.M., the President called the Senate to order. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Finance and Public Utilities, and favora bly reported by the committee, was put upon its passage: HB 233. By Representatives Dixon of the 151st, Dover of the llth, Walker of the 115th and others: A bill to amend Code Section 48-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the ad valorem taxation of property, so as to provide that restrictions or limitations on the use of land resulting from state or federal law or rules or regulations adopted pursuant thereto shall be considered in determining fair market value. Senate Ssppoonsor: Senator GLtillis of the 20th. Thheereport of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Garner Gillis Harris Hasty 114 JOURNAL OF THE SENATE Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger White Those not voting were Senators: Alien (excused) Bishop Coleman English Foster Hammill Phillips Shumake Timmons 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. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Finance and Public Utilities, and favora bly reported by the committee, was put upon its passage: HB 829. By Representatives Murphy of the 18th and Porter of the 119th: A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman. Senate Sponsors: Senators Gillis of the 20th and Starr of the 44th. The Senate Committee on Finance and Public Utilities offered the following substitute to HB 829: A BILL To be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization of the Public Service Commission, so as to change the method of selection of the chairman of the commission; to provide for a method of rotating the chairmanship based upon seniority in service on the commission; to provide for terms of office; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization of the Public Service Commission, is amended by striking Code Section 46-2-5 which reads as follows: "46-2-5. It shall be the duty of the commission to elect from its membership a chair man, who shall hold the position for a term of two years. The chairman shall give his entire time to the duties of his office and shall receive during his term as chairman the salary provided in Code Section 45-7-4.", and inserting in its place a new Code section to read as follows: "46-2-5. (a) There shall be a chairman of the commission. The chairmanship of the commission shall be rotated on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after this Code section becomes effective and WEDNESDAY, JANUARY 15, 1992 115 shall serve for a term of office as chairman expiring January 1, 1993. Thereafter a new chair man shall take office within 15 days after the first day of January in 1993 and each subse quent year; and each such chairman shall serve for a one-year term of office as chairman. (b) The chairman shall be selected according to the following rules; and for purposes of these rules, seniority on the commission shall be determined according to the longest period of continuous unbroken service: (1) A member of the commission with less than one year of continuous unbroken service on the commission shall not be eligible to take office as chairman; (2) A member of the commission who has previously served as chairman shall not be eligible to serve again as chairman until each other eligible member (i.e., each other member with more than one year of continuous service on the commission) has served as chairman or has deferred service as chairman; (3) Subject to paragraphs (1) and (2) of this subsection, the most senior member of the commission who is eligible to serve as chairman shall succeed to the office of chairman; provided, however, that such member may elect to defer service as chairman for a period of one year, at the conclusion of which year such member shall resume his place at the head of the order of rotation for the chairmanship; and (4) If in any year the foregoing rules fail to provide for a chairman because two or more members have equal seniority, then the member to serve as chairman shall be selected by lot. (c) The chairman shall give his entire time to the duties of his office." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis 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 Taylor Thompson Turner Tysinger White 116 JOURNAL OF THE SENATE Those not voting were Senators: Alien (excused) Bishop Coleman Hammill Shumake Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Finance and Public Utilities, and favora bly reported by the committee, was put upon its passage: HB 198. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd and others: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax. Senate Sponsors: Senators Starr of the 44th and 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 Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis 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 Those not voting were Senators: Alien (excused) Bishop Coleman Hammill Robinson Shumake Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, JANUARY 15, 1992 117 Lieutenant Governor Howard introduced Dr. Jonetta Cole, President of Spelman Col lege, Atlanta, Georgia. Serving as doctor of the day today was Dr. Garland Kinard of Rossville, Georgia. Senator Garner of the 30th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 11:41 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. 118 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, January 16, 1992 Fourth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator 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. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1100. By Representative Harris of the 84th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated re gistration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated. HB 1108. By Representative Greene of the 130th: A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to provide that the chairperson and other members of the board shall not receive their monthly compensation under certain circumstances. HB 1111. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act placing the judge of the probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the supe rior court. HB 1128. By Representative Moultrie of the 93rd: A bill to amend an Act placing the coroner of Harris County upon a monthly salary, so as to change the salary of the coroner. HB 37. By Representative Cummings of the 17th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to mem bers who are former members of the Employees' Retirement System of Georgia. HB 39. By Representative Cummings of the 17th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to the reestablishment of creditable service for members who are former members of the Teachers Retirement System of Georgia or the Em ployees' Retirement System of Georgia. THURSDAY, JANUARY 16, 1992 119 HB 183. By Representative Buck of the 95th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain prior service. HB 184. By Representatives Buck of the 95th and Walker of the 115th: A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to provide that certain district attorneys who are members of the District Attorneys Retirement Fund of Geor gia created by Code Section 47-12-21 may become members of the District Attor neys' Retirement System created by Code Section 47-13-20 under certain conditions. HB 41. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that full-time officers and employees of new state agen cies shall be members of the retirement system as a condition of employment without the necessity of further legislation to provide for such membership. HB 216. By Representatives Thomas of the 69th, Cummings of the 17th, Dixon of the 128th, Selman of the 32nd and Stancil of the 66th: A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service. HB 309. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, eligibility for retirement, and the suspension of re tirement benefits under the Employees' Retirement System of Georgia upon reemployment, so as to provide that such benefits shall not be suspended if a mem ber performs no more than 1,040 hours of service for certain employers. HB 310. By Representatives Murphy of the 18th and Cuimmings of the 17th: A bill to amend Code Section 47-6-84 of the Official Code of Georgia Annotated, relating to termination of the retirement allowance of any retired member re turning to state service and to retirement benefits for retired members returning to service in the General Assembly, so as to provide that such retirement allow ance shall not cease for a retired member who returns to state service and who performs no more than 1,040 hours of such service in any calendar year. HB 501. By Representatives Lord of the 107th and Parrish of the 109th: A bill to amend Article 5 of Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Sheriffs' Retirement Fund of Georgia, so as to provide that any member who was ap pointed to fill an anticipated vacancy in the office of sheriff shall be eligible for prior service credit for such service. HB 203. By Representative Pettit of the 19th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees' retirement systems of certain state authorities and commissions, so as to provide that all officers and employees of 120 JOURNAL OF THE SENATE the GeorgiaNet Authority shall become members of the Employees' Retirement System of Georgia. HB 634. By Representatives Cummings of the 17th, Baker of the 51st, Irwin of the 57th and Clark of the 13th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firemen's Pension Fund, so as to provide that certain members may under cer tain circumstances obtain credit for certain service rendered as a fireman or vol unteer fireman. HB 711. By Representatives Baker of the 51st, Cummings of the 17th and Alford of the 57th: A bill to amend Code Section 47-7-82 of the Official Code of Georgia Annotated, relating to membership in the Georgia Firemen's Pension Fund by a fire depart ment employee other than a fireman or volunteer fireman, so as to authorize con tinued membership for certain persons having certain administrative oversight responsibilities. The House has agreed to the Senate substitute to the following bill of the House: HB 196. By Representatives Holmes of the 28th, Greene of the 130th, Moultrie of the 93rd, Goodwin of the 63rd, Titus of the 143rd and others: A bill to amend Code Section 21-5-34 of the Official Code of Georgia Annotated, relating to the filing of campaign contribution disclosure reports, so as to provide than an unopposed candidate or the campaign committee of an unopposed candi date shall not be required to file certain disclosure reports. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 526. By Senator Moye of the 34th: A bill to amend Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to the crime of theft by extortion, so as to provide that any person who commits the offense of theft by extortion against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. Referred to Committee on Judiciary. SB 527. By Senator Tysinger of the 41st: A bill to amend Code Section 36-67A-3 of the Official Code of Georgia Anno tated, relating to disclosure of campaign contributions by applicants for rezoning, so as to change the provisions relating to the time limit for filing a disclosure report. Referred to Committee on Ethics. SB 528. By Senator Edge of the 28th: 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 designation of the chemical test to be administered to determine whether a driver is under the influence of alcohol or drugs. Referred to Committee on Special Judiciary. THURSDAY, JANUARY 16, 1992 121 SB 529. By Senator Edge of the 28th: A bill to amend Code Section 47-10-100 of the Official Code of Georgia Anno tated, relating to retirement age and retirement benefits under the Trial Judges and Solicitors Retirement Fund, so as to provide that any member who remains in office after he attains the age of 70 years, thereby forfeiting all rights to receive any benefits under such fund, may cease contributions made to such fund. Referred to Committee on Retirement. SB 530. By Senator Ramsey of the 54th: A bill to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to district attorneys, so as to authorize the district attorneys of the supe rior courts and the solicitors of the state courts to create bad check divisions within their offices for the purpose of processing bad check complaints; to pro vide for victim complaints and notice to persons who issued bad checks; to pro vide for the issuance of warrants; to provide for additional procedures. Referred to Committee on Judiciary. SB 531. By Senator Ramsey of the 54th: A bill to amend Code Section 17-6-14 of the Official Code of Georgia Annotated, relating to posting of bail for preliminary hearing for trial appearance, so as to provide that if the accused is bound over to another court, the original bail bond may terminate at the option of the bondsmen. Referred to Committee on Special Judiciary. SB 532. By Senators Ramsey of the 54th and Egan of the 40th: A bill to amend Article 1 of Chapter 3 of Title 37 of the Official Code of Georgia Annotated, relating to general provisions regarding examination and treatment for mental illness, so as to change the provisions relating to definitions. Referred to Committee on Health and Human Services. SB 533. By Senators Ragan of the 10th, Newbill of the 56th, Timmons of the llth and others: A bill to amend Code Section 20-2-293 of the Official Code of Georgia Annotated, relating to a student attending school in a system other than system of student's residence, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a full-time professional or other employee. Referred to Committee on Education. SB 534. By Senators Walker of the 22nd, Dean of the 31st and Garner of the 30th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule. Referred to Committee on Governmental Operations. SB 535. By Senators Johnson of the 47th, Garner of the 30th, Deal of the 49th and Kidd of the 25th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the comprehensive revision of provisions regarding the review, continuation, reestablishment, or termination of 122 JOURNAL OF THE SENATE certain regulatory agencies; to provide for legislative intent; to provide for a definition. Referred to Committee on Governmental Operations. SB 536. By Senators Turner of the 8th, Bowen of the 13th, Echols of the 6th and others: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, the "Real Estate Appraiser Licensing and Certification Act," so as to pro vide that a person appraising real property exclusively for the internal use of a bank, savings and loan association, or credit union shall not be required to be licensed, certified, or registered; to provide an exception; to provide for applica bility; to provide an effective date. Referred to Committee on Banking and Financial Institutions. SB 537. By Senators Newbill of the 56th, Foster of the 50th, Deal of the 49th and others: A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to local fair share funds under the Quality Basic Education Program, so as to change the manner of calculating the local fair share of county and inde pendent school systems. Referred to Committee on Education. SB 538. By Senators Hasty of the 51st and Tate of the 38th: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to quality basic education, so as to provide that the State Board of Education shall determine the appropriate size of elementary and sec ondary schools in this state; to delete school size as a factor in determining state funding of local school districts. Referred to Committee on Education. SR 373. By Senators Walker of the 22nd, Johnson of the 47th, Brown of the 26th and others: A resolution creating the Governor's Commission on Long-term Care. Referred to Committee on Rules. SR 374. By Senators Broun of the 46th, Taylor of the 12th, Foster of the 50th and others: A resolution creating the Senate Postsecondary Vocational Education Labora tory, Equipment, and Library Research Needs Study Committee. Referred to Committee on Rules. SR 375. By Senator Starr of the 44th: A resolution repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes; to provide an ef fective date. Referred to Committee on Finance and Public Utilities. The following bills of the House were read the first time and referred to committees: HB 37. By Representative Cummings of the 17th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers THURSDAY, JANUARY 16, 1992 123 Retirement System of Georgia, so as to change the provisions relating to mem bers who are former members of the Employees' Retirement System of Georgia. - Referred to Committee on Retirement. HB 39. By Representative Cummings of the 17th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to the reestablishment of creditable service for members who are former members of the Teachers Retirement System of Georgia or the Em ployees' Retirement System of Georgia. Referred to Committee on Retirement. HB 41. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that full-time officers and employees of new state agen cies shall be members of the retirement system as a condition of employment without the necessity of further legislation to provide for such membership. Referred to Committee on Retirement. HB 183. By Representative Buck of the 95th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain prior service. Referred to Committee on Retirement. HB 184. By Representatives Buck of the 95th and Walker of the 115th: A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to provide that certain district attorneys who are members of the District Attorneys Retirement Fund of Geor gia created by Code Section 47-12-21 may become members of the District Attor neys' Retirement System created by Code Section 47-13-20 under certain conditions. Referred to Committee on Retirement. HB 203. By Representative Pettit of the 19th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees' retirement systems of certain state authorities and commissions, so as to provide that all officers and employees of the GeorgiaNet Authority shall become members of the Employees' Retirement System of Georgia. Referred to Committee on Retirement. HB 216. By Representatives Thomas of the 69th, Cummings of the 17th, Dixon of the 128th and others: A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service. Referred to Committee on Retirement. 124 JOURNAL OF THE SENATE HB 309. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, eligibility for retirement, and the suspension of re tirement benefits under the Employees' Retirement System of Georgia upon reemployment, so as to provide that such benefits shall not be suspended if a mem ber performs no more than 1,040 hours of service for certain employers. Referred to Committee on Retirement. HB 310. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-6-84 of the Official Code of Georgia Annotated, relating to termination of the retirement allowance of any retired member re turning to state service and to retirement benefits for retired members returning to service in the General Assembly, so as to provide that such retirement allow ance shall not cease for a retired member who returns to state service and who performs no more than 1,040 hours of such service in any calendar year. Referred to Committee on Retirement. HB 501. By Representatives Lord of the 107th and Parrish of the 109th: A bill to amend Article 5 of Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Sheriffs' Retirement Fund of Georgia, so as to provide that any member who was ap pointed to fill an anticipated vacancy in the office of sheriff shall be eligible for prior service credit for such service. Referred to Committee on Retirement. HB 634. By Representatives Cummings of the 17th, Baker of the 51st, Irwin of the 57th and Clark of the 13th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firemen's Pension Fund, so as to provide that certain members may under cer tain circumstances obtain credit for certain service rendered as a fireman or vol unteer fireman. Referred to Committee on Retirement. HB 711. By Representatives Baker of the 51st, Cummings of the 17th and Alford of the 57th: A bill to amend Code Section 47-7-82 of the Official Code of Georgia Annotated, relating to membership in the Georgia Firemen's Pension Fund by a fire depart ment employee other than a fireman or volunteer fireman, so as to authorize con tinued membership for certain persons having certain administrative oversight responsibilities. Referred to Committee on Retirement. HB 1100. By Representative Harris of the 84th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing calendar year and thereafter in McDuffie County during designated re gistration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs. THURSDAY, JANUARY 16, 1992 125 HB 1108. By Representative Greene of the 130th: A bill to amend an Act creating the Board of Commissioners of Randolph County, so as to provide that the chairperson and other members of the board shall not receive their monthly compensation under certain circumstances. Referred to Committee on Urban and County Affairs. HB 1111. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act placing the judge of the Probate Court of Catoosa County and the clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to increase the clerical help allowance of the clerk of the supe rior court. Referred to Committee on Urban and County Affairs. HB 1128. By Representative Moultrie of the 93rd: A bill to amend an Act placing the coroner of Harris County upon a monthly salary, so as to change the salary of the coroner. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 519. Do pass. SB 520. Do pass. SB 521. Do pass. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 512. Do pass. SB 513. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 363. Do pass. SR 364. Do pass. 126 JOURNAL OF THE SENATE SR 369. Do pass. Respectfully submitted, Senator Starr of the 44th 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 371. Do pass by substitute. Respectfully submitted, Senator Dean of the 31st District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 460. By Senator Moye of the 34th: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to change cer tain definitions so as to exclude certain food establishments from regulation. SB 475. By Senator Deal of the 49th: A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to provide that certain laws relative to prohibitions against gambling shall not apply to the manufactur ing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use in a legally authorized lottery. SB 495. By Senator Ramsey of the 54th: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to provide for compensation for persons performing marriage ceremonies. SR 359. By Senators Collins of the 17th, Phillips of the 9th and Newbill of the 56th: A resolution proposing an amendment to the Constitution so as to provide that the question of the continued existence of any lottery or lotteries run by or on behalf of the state shall be submitted to the voters in 1996 and quadrennially thereafter; to provide for the submission of this amendment for ratification or rejection. HR 500. By Representatives Porter of the 119th, Godbee of the 110th, Lane of the lllth and others: A resolution designating the K.T. Kennedy Reef. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols THURSDAY, JANUARY 16, 1992 127 Edge Egan English - Foster Gillis HTHHIaaamrsrtiym.s ill Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue PPP,,,hoeril.llr,la,yi.rpds Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor r_TITM,ni.mo_mm_posnosn lurner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Alien (excused) Bowen Clay Garner (excused) Langford Shumake Senator Dean of the 31st moved that Senator Garner of the 30th be excused from the Senate today due to an emergency at home. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator Garner of the 30th was excused from the Senate today. The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Echols of the 6th introduced the chaplain of the day, Reverend R. C. James, pastor of Bristol Baptist Church, Mershon, Georgia, who offered scripture reading and prayer. The following resolution of the Senate was read and adopted: SR 376. By Senators English of the 21st and Ray of the 19th: A resolution recognizing January 16, 1992, as Green Industry Day in the State of Georgia. The following resolution of the Senate, having been read the first time on January 15 and referred to the Senate Committee on Rules, and favorably reported by the committee, was put upon its adoption: SR 371. By Senators Deal of the 49th, Pollard of the 24th, Gillis of the 20th and others: A resolution amending the Rules of the Senate. The Senate Committee on Rules offered the following substitute to SR 371: 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 as follows: (1) Senate Rule 185 is amended by striking from the last paragraph the following: "Without limiting the generality of the foregoing, the Committee shall be authorized to 128 JOURNAL OF THE SENATE adopt policies and procedures prohibiting sexual harassment of members and employees of the Senate and providing for hearing and resolution of complaints of alleged violations." (2) Immediately following Rule 185, a new Rule 185A is added to read as follows: "Rule 185A. Senate Committee on Ethics, (a) OPINIONS AND ADVICE. A Senator or staff member may request in writing the opinion or advice of the Committee on Ethics with regard to interpretation of this Rule. The Committee on Ethics shall expeditiously respond in writing to such request. (b) INVESTIGATION. (1) Initiation: A complaint shall be initiated by the filing of a statement alleging a violation of this Rule with the Secretary of the Senate. The complaint shall specifically describe the nature of the alleged violation and the party or parties in volved and shall be signed by the complainant and verified under oath. The Secretary of the Senate shall promptly refer the complaint to the Chairman of the Committee on Ethics, who shall schedule a meeting of the Committee to investigate the complaint utilizing inhouse staff and such outside counsel and investigators as the Committee deems necessary. The Committee shall promptly serve the named respondent with a copy of the complaint. Service of such complaint shall be by personal service or by certified mail, return receipt requested. The Committee may also initiate an investigation on its own initiative by major ity vote. A complaint may be brought only by any Senator or staff, and shall remain confi dential until the Committee has determined that substantial cause exists that a violation has occurred. (2) Report and Procedures: Upon completion of an investigation, a written report de tailing the findings will be prepared and presented to the Committee. If the Committee does not find that evidence exists to provide substantial cause to determine that a violation has occurred, it shall dismiss the complaint with notice to the complaining party and the re spondent. If the Committee finds substantial cause to determine that a violation has oc curred, the Committee may negotiate a settlement with the respondent or set the matter for a hearing. Any settlement shall be a matter of public record and shall be filed with the Secretary of the Senate. If no settlement is reached, the Committee will hold open hearings, taking any relevant evidence that addresses the charges. The Committee may require the attendance and testimony of witnesses and the production of materials which the Commit tee deems advisable and may administer oaths and affirmations. The respondent shall re ceive reasonable notice of any hearing and shall be entitled to receive within a reasonable time before the hearing copies of all material before the Committee that is not otherwise exempt from disclosure under the Georgia Open Records Law; to secure counsel of his or her choosing; and to examine any witnesses who may be called by the Committee to appear at any hearing. The respondent shall also have the right to call witnesses and present evi dence at any hearing. The Committee shall assure that all hearings are recorded. The Com mittee shall have the burden of proof and both the Committee and the respondent shall be entitled to rebuttal. Upon completion of such hearing, the Committee shall issue a report of its findings and recommendations of action. The report and recommended action shall be a matter of public record and shall be filed with the Secretary of the Senate. (3) Standard of Proof: The Committee must find 'clear and convincing evidence' in order to conclude that a violation of these Rules has occurred. (c) SANCTIONS AND PENALTIES. The Committee having found a Senator in viola tion of these Rules may recommend a sanction or penalty, including a letter of reprimand, to the Senate. Nothing contained herein shall limit the Senate from independently initiating action against a Senator pursuant to Rule 51. In the case of Senate staff, the Committee may issue a letter of reprimand, a copy of which, along with recommendations, which may include dismissal, shall be promptly sent to the Committee on Administrative Affairs for review and action. Nothing herein shall be construed to limit the authority of the Commit tee on Administrative Affairs to independently deal with matters pertaining to Senate staff, part or full time. If the Committee's investigation finds evidence of criminal violation, it will refer the matter to the appropriate law enforcement agency for further action. Sanctions and penalties shall be subject to Rule 51. THURSDAY, JANUARY 16, 1992 129 (d) STANDARDS OF CONDUCT. (1) Senators and Senate staff shall refrain from us ing government positions to attain personal financial gain. (2) Senators and staff shall not use public resources or personnel services for the pur pose of conducting personal or private business activity. It is understood that public duty and service may require the Senators and staff to be away from their homes, businesses, associates, and business interests. Nothing herein is intended to limit ordinary and neces sary communications which Senators and staff must conduct while serving in their public capacities. (3) Senators shall not seek, accept, use, allocate, grant, or award public funds for any purpose other than as approved by law. (4) No Senator or staff shall solicit a campaign contribution in a state office building. Senators shall not operate political campaigns or operate political fund raising campaigns from state office buildings which have not been leased or rented for such purposes. (5) Senators shall not agree to or threaten to withhold political action or constituent services as a result of a person's decision to provide or not to provide a political contribu tion, charitable contribution, or support. (6) Senators and staff shall avoid financial conflicts of interest and close economic as sociations where official action or decisions are motivated not by public duty but by eco nomic self-interest or association. Financial conflicts of interest and close economic associa tions which impede official public responsibility are those financial interests or interests arising from close economic associations with other persons or entities which are so material, direct, distinct, unique, and peculiar to the Senator or staff that it might reasonably be expected that impartial official judgment could not be exercised. (7) No Senator or staff, acting as an attorney or representative of another, shall seek or accept any special treatment not otherwise approved by law or judicial order because of his or her legislative role. (8) No Senator or staff shall accept anything of value when such thing of value is of fered with the understanding that official action will be taken or withheld by a Senator or staff in consideration of acceptance of that which is offered. Any offer made which is condi tioned upon the taking or withholding of official action shall immediately be reported in writing to the Chairman of the Committee. (9) No Senator or staff shall seek, accept, or retain employment which makes it: unrea sonably difficult to fulfill legislative obligations; requires the disclosure or use of nonpublic or confidential information acquired in the course of legislative service; requires improper use of government relationships or the prestige associated with legislative offices; or will require the Senator or staff to compromise any other ethical or legal duty. (10) Sexual harassment is prohibited and shall subject the offender to possible sanc tions, penalties, or legal action. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature shall constitute sexual harassment when: (A) submission to such conduct is made explicitly or implicitly a term or condition of an individual's employment; or (B) submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting an individual; or (C) such conduct interferes with an individual's work performance or creates an intimidating, hostile, or of fensive work environment. (11) Senators and staff shall not knowingly engage in conduct that violates rights of others nor shall they unlawfully discriminate against or abuse any person in the course of legislative activities. All contact with constituents, staff, lobbyists, representatives of the media, and others interested or involved in the process of government shall be conducted in a courteous, professional manner. (12) No Senator or staff shall knowingly use improper artifices or schemes to circum vent the clear purpose of laws or these Rules. 130 JOURNAL OF THE SENATE (13) Senators and staff shall not subject a person who reports to the Committee, or any other government entity, conduct the person believes is a violation of this Rule or any other state law to reprisal, retaliation, harassment, discrimination, or ridicule nor shall the confi dentiality provisions contained herein be abridged. (14) The Committee shall distribute a copy of these Rules to all Senators and staff. The Committee shall, when deemed appropriate, conduct seminars or other educational pro grams designed to inform Senators, staff, or other interested parties of the provisions of these Rules, as well as statutes relating to Ethical Standards and Conduct." The President announced that since the hour had arrived for the convening of the Joint Session of the Senate and House of Representatives, pursuant to HR 640 adopted previ ously, called for the purpose of hearing the Budget message from Governor Zell Miller, the Senate would stand in recess from 10:50 o'clock A.M. until 1:30 o'clock P.M., and considera tion of SR 371 would be suspended until the Senate reconvened at 1:30 o'clock P.M. The President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a Budget message from His Excellency, Governor Zell Miller, pursuant to HR 640 adopted previously, was called to order by the President of the Senate, Lieutenant Governor Pierre Howard. HR 640, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House. His Excellency, Governor Zell Miller, addressed the Joint Session of the Senate and House of Representatives as follows: State of Georgia Office of the Governor Atlanta 30334 When Franklin D. Roosevelt was struck down by a cerebral hemorrhage in 1945, he was at the Little White House in Warm Springs, posing for a portrait while he jotted down notes for a speech he was to have made. A fragment from that unfinished speech reads, "The only limit to our realization of tomorrow is our doubts of today." We've got uncertainties these days, with the national recession dragging on. And we are going to deal with those uncertainties in the supplemental budget. But we cannot allow our doubts of today to stand in the way of our realization of tomorrow. Let me begin by talking first about the immediate situation we face over the remainder of this fiscal year. Last August, most all the economists, including our own Dr. Thomassen, projected flat revenue growth during the first half of FY 92, with modest growth during the second half of the year. Well now, the first part of that projection has proved true. So far, revenues for FY 92 are running 1.5 percent behind last year. The forecast for modest growth toward the end of FY 92 still holds, but I am ever mindful that we have no reserves should it not materialize, and we must be very, very careful. Therefore, I whittled on this old budget a little bit more. I have reduced my revenue estimate for FY 92 by another $50 million to $7,465 million, which would require revenue growth of 2.8 percent. This move will give us a hedge should revenues not increase as expected during the latter half of the year. And if some growth is realized, then we can begin the critical process of rebuilding the state's reserves. Let me emphasize that this $50 million reduction will be achieved without laying off THURSDAY, JANUARY 16, 1992 131 any state employees or reducing any program. It will be offset largely through several reve nue sources. As a result of spending controls, we had an unusually large lapse, and the cuts we made in August saved more than we projected. And we have surplus debt service appropriations from the cancellation of several bonded projects and the drop in interest rates. I have downsized the supplemental budget. It is lean and it's fiscally responsible. Its goal is to give our economy the remainder of this fiscal year to begin recovery, and use any growth in revenues toward the end of the year, for our depleted reserves. We will have the January revenue numbers on February 10, and if we have to, we will cut even more on the supplemental budget. Those are the uncertainties of the moment. Let me now turn my attention to the reali zation of tomorrow -- to the budget for FY 93, which -- and let me emphasize this -- does not begin until next July. And its end is 17 months away, by which time all economists agree that we will be well on our way out of this recession. On Tuesday, I talked some common sense. Today I want to talk some dollars and cents. As you have been learning from Georgia Rebound 101, the four goals are improve edu cation, preserve our environment, boost economic activity all across the state, and promote public safety. I begin with the first and most important point of Georgia Rebound -- education. My FY 93 budget includes full restoration of the August cut to the Quality Basic Edu cation formula that sends state funds to local school systems. And for our teachers, I recommend a 3 percent cost-of-living increase. These two com bined cost more than $127 million. In addition, we must accommodate a projected enrollment growth of 28,000 new stu dents next school year in the funds for the QBE formula. I propose that we restore the 60 pilot pre-kindergarten programs, the 15 foreign lan guage pilots, the expansion of the Governor's Honors Program and the funding for duty-free lunch periods for teachers, which were cut from the FY 92 budget in August. My budget includes stipends for 750 mentor teachers, and funds to begin the Gover nor's School Leadership Institute, which I explained on Tuesday. It also includes funds to use a satellite transponder for Distance Learning, enabling us to send a high-quality signal around the state on several channels. Its purpose is to enable small, rural schools to offer enrichment courses in math, science and foreign languages. And I am proposing the most ambitious K-12 education construction program ever -- $140 million for school construction in 92 systems. Another $4 million will purchase vocational education equipment. And $3.5 million will provide matching funds for public library construction in Bartow, Chattooga, Columbia, Meriwether, Taylor and Thomas counties. The biggest complaint from teachers and administrators is the tremendous volume of paperwork. I'm proposing almost $5 million in bonds and cash for the Student Information System to put administrative computer equipment in 100 additional schools. Time-consuming paperwork like class schedules, attendance records and grade report ing, will be turned over to a computer, freeing teachers to devote their time to our children. For the 34 colleges and universities in our University System and our Technical and Adult Education institutes, I am also recommending a 3 percent cost-of-living increase. 132 JOURNAL OF THE SENATE And because of increased enrollment, we need to add more than $61 million to the funding formula for the University System. Just as for our public schools, I propose the largest construction initiative in the state's history for the University System, using bonds totalling almost $185 million. The bulk of these bonds -- $142.8 million -- will construct 16 buildings which have been identified by the Board of Regents as the system's most urgent facility needs. They are located on the campuses of: - The University of Georgia, - Georgia Tech, - Georgia State University, - Georgia Southern University in Statesboro, - Valdosta State College, - North Georgia College in Dahlonega, - West Georgia College in Carrollton, - Georgia College in Milledgeville, - Armstrong State College in Savannah, - Gordon College in Barnesville, - South Georgia College in Douglas, - Kennesaw College in Cobb County, - Macon College, - Gainesville College, - Barton College in Albany, - and Fort Valley College. Another $25.2 million is proposed for major renovation and maintenance. More than 400 of our University System buildings are over a half-century old. Another 1,000 are be tween 25 and 50 years old, when it's time for a new roof and new systems. Yet over the past decade, we have appropriated construction funds equal to only one percent of the replacement cost of our physical plant. In my State of the State Address on Tuesday, I spoke of the importance of the Georgia Research Alliance in coordinating and expanding major university research programs to spur high-quality, high-tech economic growth. I am proposing $15 million in bonds and cash for construction and equipment related to this far-reaching effort. And in recognition of the increasing cost of going to college, I want to increase Tuition Equalization Grants for students at our independent colleges to $1,000 per student. Our third educational component is our very fine network of Technical and Adult Edu cational institutions. Here also I propose the most massive construction program in our history -- $32.6 mil lion in bonds for 11 vo-tech institutes, including: Douglasville, Warner Robins, Dublin, LaGrange, Sandersville, Augusta, Marietta, Fitzgerald, Rome, Thomaston and Macon. Georgia businesses must be competitive in a global economy, and they are bringing advanced technology into their plants to do that. But they need a skilled workforce to oper ate it. For example, the aerospace industries in middle Georgia are technologically advanced, high-wage industries that we want to keep and expand. But they are having trouble finding enough qualified employees. To meet needs like this, we must upgrade and expand our technical education programs and expand our student capacity at our post-secondary vocational-technical institutions. And so almost $7 million of the new funds for Technical and Adult Education are earmarked for aerospace training in Middle Georgia. THURSDAY, JANUARY 16, 1992 133 I also recommend more than $1 million to expand Georgia's adult literacy programs and provide assistance to the Literate Community Program, which helps local communities be gin a comprehensive literacy initiative. All the education parts of Georgia Rebound are closely related to economic growth. And another key ingredient in economic growth is highways, which are to a state like a network of arteries is to the human body. I propose $100 million in bonds for our road improvement program. In the past, we expedited construction on Corridor Z across South Georgia and the Appalachian Highway in North Georgia. I now want us to expedite the Fall Line freeway from Columbus to Augusta and U.S. Highway 27 between Chattanooga and Bainbridge, which will take up to 30 percent of the pressure off of 1-75. I want to again provide $38.6 million to LARP. And $3 million to improve access to the World Congress Center. But I want to say this: Roads are not the only mode of transportation. When you helped me with the selection of Wayne Shackelford as DOT Commissioner, it was under stood that we would have a transportation commissioner, not just a highway commissioner. I want the state to purchase a 36.8-mile abandoned rail line between southeast Cobb County and Rockmart. It is a ready-made rail corridor that will be critical to metre At lanta's commuter needs in the future. We also must make a comprehensive study of our air transportation needs statewide. One hasn't been done in 19 years. As political barriers break down around the world, international trade opportunities are going to increase by leaps and bounds. And we must position ourselves to take advantage of them. If we can establish Georgia as an international trade center, we could generate as much as $3 billion in economic activity and 25,000 new jobs by the year 2000. Expanding Georgia's deep-water ports is critical to boosting our exports. My budget proposes a major expansion program totalling $63 million. And the Ports Authority will be contributing another $14.3 million from its resources. We must deepen the Savannah Harbor Channel, and expand our capacity to handle the new and larger container ships. We will actively seek federal participation to help pay much of the cost of the harbor deepening. The Ports Authority has enough money to upgrade two existing container cranes to handle the new, larger ships. And I propose state bonds to upgrade another two. Debt service for these improvements will be repaid by the Authority from its revenues. In addition, we will establish a Trade Division in the Department of Industry, Trade and Tourism, and create the Governor's Council on International Trade and Business to better coordinate our various trade programs. We will take advantage of the new U.S.-Canada trade agreement by pursing export leads with Canadian importers, and initiate an Agricultural Machinery Export Program. On the tourism front, we must move ahead with our efforts to make Georgia a destina tion for tourists, rather than a pit stop on the way to somewhere else. I propose planning money to replace the welcome center at Ringgold where 1-75 comes in from Tennessee. This facility was designed for 175,000 visitors a year. Last year more than 2 million people stopped to use it. 134 JOURNAL OF THE SENATE I also propose funding to move forward with the next phase of the Mountain Park, designed to foster tourism in the North Georgia mountains. This recreational facility was recommended by Governor Harris in 1987 and $3 million was spent during the Harris administration to begin the project. We are moving forward according to the goals established at that time. And my bond program includes funds to renovate and repair our farmers' markets in Atlanta, Cairo, Cordele, Glennville, Moultrie and Pelham. The third point of Georgia Rebound is preserving our environment. Among the 12 Southeastern states, Georgia ranks seventh in its state-owned natural acreage and ninth in its wildlife acreage. That's pretty bad for the state that calls itself the Empire State of the South. Most of you are aware of my efforts with Preservation 2000, whose goal is to acquire 100,000 acres of land for hunting, fishing, wilderness preservation and recreation during my administration. Preservation 2000 is a public-private partnership, and we have already acquired more than 8,000 acres of environmentally sensitive land, largely with private funds. I propose that the state funds going toward this effort be generated through $20 million in bonds, and we will use these funds to continue to leverage private contributions. We are following through on our 1987 pledge to use revenues from hunting and fishing licenses to make improvements to game and fish activities. I am proposing $1 million for a new public fishing lake and management for newly acquired wildlife areas. The second issue in this part of Georgia Rebound has to do with processing waste and ensuring clean air and water supplies. I recommend that we issue $5.5 million bonds to acquire land for the West Georgia Reservoir. We previously authorized funds for the environmental impact studies needed prior to acquiring the land and designing the reservoir, and I want to move forward with this badly needed water resource in West Georgia. My budget also includes $1.6 million to hire 21 new employees to handle the increased workload and responsibilities mandated by the Federal Clean Air Act. However, we propose to recover these costs through an increase in the air quality per mit fees -- keeping this program on a cost-recovery basis, which we have failed to do with user fees so often in the past. Last but not least, the fourth point of Georgia Rebound is the safety of our citizens. My budget for FY 93 provides operating funds for 6,090 new beds in five new prisons in Telfair, Hancock, Washington, Johnson and Mitchell counties; as well as six new boot camps in Chattooga, Gwinnett, Telfair, Hancock and Washington counties, a youth detention center in Dodge County and a parole center in Clinch County. Also, you may recall we put three boot camps in Mitchell, Lanier and Emanuel counties on hold in August so that they could be built with inmate labor. With the completion of the first six, we will be able to put inmates to work on these three, building them for $3.6 million in bonds, compared to the $6 million originally projected. Although we did not lay off any troopers last August, we did cut positions that were vacant as the result of the hiring freeze. I recommend that we restore those cuts and begin training troopers in FY 92. And my FY 93 budget includes funds to finish this job. THURSDAY, JANUARY 16, 1992 135 Just as our fees for driver's licenses have not kept pace with the cost, neither have our facilities kept pace with the demand. I propose a $3 million expansion to our network of driver's license facilities, establishing 15 new locations in high-volume areas around the state, expanding 10 existing facilities and adding 60 new examination staff. This will enable us to provide better, faster and more convenient service in exchange for our higher fee. Before I leave law enforcement, let me say a word about indigent defense. Government has a constitutional obligation to provide legal defense for poor people charged with crimes. This burden has fallen largely on county governments, which picked up 95 percent of the cost last year. I propose we increase the state appropriation to $2 million. And the legal profession will also help with this effort by handling more cases pro bono and making contributions from the Georgia Bar Foundation. As I indicated Tuesday, I am very aware of the human cost of a recession, and my proposed budget addresses this concern. The largest expenditure we make for human services is Medicaid. The explosive combination of soaring medical costs and a shifting of the burden from Washington to the states means that we must now spend one out of every 10 dollars in our budget for Medicaid. And so this was a major area of scrutiny for the Williams Commission, in its search for ways to improve efficiency. It has recommended a plan that Kentucky uses, in which a local physician is designated to manage health care services for Medicaid recipients, reducing unnecessary and inappro priate care. I propose trying it out with pilot projects in six counties. The net increase in Medicaid funds in my budget proposal is $77.6 million, which will have a total impact of $150.6 million in new spending. Almost $30 million of these funds will be used to expand services to pregnant women and infants. Many states around this country have cut welfare benefits during this recession, but we have maintained the same level of payments here in Georgia. And the largest new expenditure I recommend for the Department of Human Resources is more than $27 million to address the anticipated increase in our AFDC rolls. I also want to expand PEACH, our job training and employment program for welfare recipients, to cover 75 percent of the eligible AFDC recipients statewide, and connect these people to our expanded efforts in adult literacy. This morning, you have been inspired by a number of youngsters serving as pages, who vividly remind us how important early intervention is. Last year we started a new program for disabled infants, toddlers and pre-schoolers -- an age when intervention is critical to make their lives as normal and productive as possible. We began this program on a phase-in basis, and we need to have it fully operational by 1995 to meet federal funding requirements. I propose an additional $2 million for FY 93 to begin phase two. I spoke in my State of the State address of The Family Connection, a community-level partnership of education, social service and health services to assist at-risk families. I propose $500,000 to enable the 14 pilot communities to incorporate a juvenile delin quency prevention program into The Family Connection. 136 JOURNAL OF THE SENATE I want to begin family-oriented community mental-health services for severely emotion ally disturbed children in the 28 counties in the service areas of DeKalb, Glynn, Hall and Muscogee. Right now we are simply allowing emotionally disturbed children to worsen to the point of needing institutional care. If we provide family-based care earlier on, we can prevent hospitalization. Other human-resources increases provide home-delivered meals for 315 elderly at a time, expand residential and day-care services for the mentally retarded, and address the increased cost and usage of vaccines by county health departments. And we've got some capital improvements here, too -- $10 million in renovation and repair for fire alarms, heating/air-conditioning systems, roofs and mechanical and utility systems at our hospitals and institutions. On Tuesday, I spoke to you about what I call "deadbeat dads," so let me mention that my budget proposal includes an expansion of our child support recovery efforts. But the cost will be covered through fees rather than state revenues. That is a summary -- a long one, I know, but there's much in it -- of the budgetary highlights of Georgia Rebound. If you add all of them up and put them together with the ongoing costs of operating state government, you get a budget for FY 93 that totals $8.134 billion. Of that total, $7.9 billion comes from existing revenue sources, which I have projected to grow at a rate of 5.8 percent. This projection is significantly below Dr. Henry Thomassen's most conservative estimate of 6.2 percent. I took his most conservative estimate and made it even more conservative. The budget I've explained to you has $233 million built into it from fee adjustments and other revenue sources -- $207 million of that will come from the fee adjustments in Georgia Rebound. The remainder comes from legislation that others propose and fees that can be adjusted by administrative action. In addition, the Williams Commission has recommended several improvements in the collection and management of revenues. Some will take legislation, which I will present to you. Others can be done administratively. The Commission projects increased revenues of $85 million. However, I chose not to include this $85 million in my revenue estimate, because I wanted it to serve as a hedge against any potential shortfall. But you should know and have some comfort that it is there. And if our revenue projections are on target -- and I think they are -- it will go toward replenishing our reserves. A significant part of this revenue would come from two sources, so let me mention them briefly, because some of them you haven't heard before. First, tax amnesty, which has been used to good advantage by more than 30 states over the past decade. The idea is to provide a window of opportunity for delinquent taxpayers to pay their overdue taxes without penalty, then crack down with tougher enforcement and bigger penalties. And in conjunction with this effort, we will implement a central taxpayer-accounting system in the Department of Revenue to increase our ability to identify and track down delinquent taxpayers. Second, unclaimed property. The state is responsible for finding the owners of un claimed property, and if they cannot be located within a certain number of years, the prop erty transfers to the state. At the recommendation of the Williams Commission, I will introduce legislation to THURSDAY, JANUARY 16, 1992 137 strengthen the unclaimed property program and reduce the amount of time unclaimed prop erty is held prior to transfer to the state. - On Tuesday I explained just how far out of line our fee structure had become through our failure to adjust it along the way. Programs that were designed to be self-supporting in the first place have now come to be heavily subsidized from our state treasury. My friends, there is a connection between the fact that we have the lowest fees in the southeast and at the same time lag behind other states in programs for our children. We have been taking money away from our schools and other important programs and spending it to subsidize our user fees. As Andy Rooney would say, "Why is that?" First, I propose raising the cost of a driver's license to $15 for four years. The present cost for a driver's license was set when Elsenhower was President. If that fee had just been increased at the same rate as the consumer price index over the years, a Georgia driver's license would now cost $22.50. And we will use some of the funds from this fee increase to upgrade and improve the process of obtaining a license, as I explained a few minutes ago. Presently a learner's permit costs $1.50. Obviously, this is not even close to covering the cost of processing. I propose that we increase this fee to $10, which covers the processing cost. The largest fee increase I propose in the area of driver's licenses -- and one that goes beyond recovering the cost -- comes in reinstating licenses suspended for traffic violations. Right now the fee for reinstating a driver's license is $25, no matter why it was suspended. I propose that habitual offenders and those who have been convicted of DUI or a drugrelated offense pay a $200 fee to get their license reinstated. Fees for reinstating licenses for other violations would be raised to $50. I also propose an increase in the cost of a motor vehicle title to $18, again recovering the cost, but remaining below the regional average. In fact, right now, Georgia has the low est title fee in the Southeast. Titles are a one-time charge that occurs only when the ownership of a vehicle changes. It is not a recurring expense. I propose a $20 tag. It would put us almost exactly at the Southeast average and signifi cantly below the highest fee in the region of $100. As we increase this fee, I also propose doubling the amount which counties may retain from 50 cents to $1 per tag. This is a good way to help local governments. They will gain approximately $3 million in new revenue. Prestige tags -- these vanity plates -- are not a necessity. No one has to have one. I propose an annual fee of $25, which would raise almost $2 million a year. And we would still be well below the average annual fee in the Southeast, which is more than $27. Public ID cards for those who do not drive, but need photo identification, would cost $10 rather than the current $5 to cover the cost of issuing them. In addition to these fee increases, I am proposing $200 to be assessed on out-of-state vehicles when the registration is transferred. In Florida, it's $300. Every year 125,000 vehicles are brought into Georgia from other states. Their owners do not pay any ad valorem taxes whatsoever for the year in which they enter the state. But Georgia residents -- your constituents -- pay an ad valorem tax on each vehicle at the beginning of the year. 138 JOURNAL OF THE SENATE This fee is about what they'd otherwise pay in taxes. It would correct this unfairness in our tax structure and raise $25 million. It will not affect a single constituent now living in your legislative district. To help acquire new wildlife acreage through Preservation 2000 and manage new wild life areas, I propose an increase of $1.50 in the cost of hunting and fishing licenses. But even with these increases, the cost of the license remains below the regional average. Georgia is one of only a very few states in which the cost of regulating utilities is borne largely by the taxpayer rather than by the industry being regulated. The Public Service Commission is a state regulatory body that oversees an industry, just like the Department of Banking and Finance, the Board of Workers Compensation and the licensing boards under the Secretary of State. These other state regulatory bodies operate on the basis of cost recovery, but the PSC's operation is heavily subsidized from the state treasury, the state taxpayer. The PSC's current fee income only covers a fraction of the cost of regulation. I propose that the fee be adjusted to cover costs. What's called vendors' compensation is another area where we've gotten way out of line because we haven't made any changes for decades. We currently allow retail businesses to keep three percent of what they collect in sales tax. This was set 40 years ago in 1951 -- before computers, before calculators -- back when the sales tax was figured by hand. And while it may still take our smaller retailers some time and effort to process the sales tax, our very large businesses simply call up a number on their computer and write a check. And then they keep literally millions of sales tax dollars for doing that. They have been doing it for a long time, and they've kept a lot of money. But now that tax money is needed for programs that benefit the taxpayers who paid it. Nineteen of the 50 states, including our neighbor North Carolina, don't have any ven dors' compensation at all. Other states pay a much smaller percentage than we do, or they set caps. I propose to cap vendors' compensation at $4,000, which would not affect 97 percent of Georgia's vendors. The revenue gain to Georgia from this change will be $50 million a year. And local governments would receive at least $10 million a year -- money they desperately need in these tough financial times. As I outlined Georgia Rebound, I spoke about several large capital outlay programs to be funded with bonds. And I want to assure you that we came through the August budget cutting process with our top bond ratings intact. More specifically, let me emphasize to you that we can sell all the bonds I propose budget with only a very small increase in our debt level -- three-tenths of one percent, to be exact. Our debt is at one of its lowest levels in three decades -- 5.4 percent, compared to the constitutional limit of 10 percent of our income. We can build for the future while only raising our debt level from 5.4 percent to 5.7 percent. Only six times in the past 28 years has the debt level been lower than what I propose for FY 93. With that in mind, we would be foolish not to take advantage of the lowest interest rates in 20 years. THURSDAY, JANUARY 16, 1992 139 The appropriations for Georgia Rebound target our limited resources, investing them in areas that will better position Georgia for the future. In addition, Georgia Rebound creates jobs. Over the next two years, Georgia Rebound will provide jobs for 15,000 people all across the state, largely in construction. In fact, that's what it's all about -- jobs, thousands of jobs in the private sector all across this state. Jobs now, jobs in the future. Construction jobs, high-tech jobs. My friends, I'm finally bringing these remarks to an end. Let me appeal to the better angel of your nature as you consider this budget. We're in this boat cal'ed Georgia together. We can sail together or we can sink together. We can either move this state ahead or we can settle for the way it's always been. I've made my choice. I intend to see Georgia Rebound through to its successful conclu sion -- using every talent and every tool I have at my disposal -- or exhaust myself in the effort. Because, I do not want my grandchildren to sit in an outdated classroom and receive a third-rate education. I do not want to be part of a generation that condemns Georgia to mediocrity and second-best. I want my grandchildren to sit in state-of-the-art learning centers, and be able to call up the history of these times on computer-generated, laser-projected, three-dimensional ho lographic images. And I want them to learn that in the last decade of the 20th century, Georgia turned the corner, put aside differences of political party, put aside differences of region and race, and joined together to give a new birth to the Empire State of the South. Representative Walker of the 115th moved that the Joint Session be now dissolved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. At 1:30 o'clock P.M., the president called the Senate to order. The following resolution of the Senate, having been read and put upon its adoption previously today, and action suspended at 10:45 o'clock A.M., the time for convening the Joint Session of the Senate and House for the purpose of hearing the Budget message from the Governor, was continued upon its adoption: SR 371. By Senators Deal of the 49th, Pollard of the 24th, Gillis of the 20th and others: A resolution amending the Rules of the Senate. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis 140 JOURNAL OF THE SENATE Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tavlor ,tfy Thompson lurner Tysinger Walker of 22nd White Those not voting were Senators: Albert Alien (excused) Bishop Bowen Broun of 46th Garner (excused) Harris Langford Shumake Tate Timmons Walker of 43rd On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SENATE CALENDAR Thursday, January 16, 1992 FOURTH LEGISLATIVE DAY SB 459 Employee Drug Testing--high risk jobs (Gov Op--25th) SB 463 Speech-Language Pathology and Audiology Licensing Act--relating to (Gov Op--25th) SB 470 Presidential Preference Primary--change date (Gov Op--25th) HB 318 Postsecondary Educational Institutions--fees (H Ed--3rd) HB 456 Income Tax--income adjustment relating to capital gains (Amendment) (F&PU--30th) HB 695 Student Finance Commission, Authority--advertise programs, functions (H Ed--7th) HB 708 Bonded Hunting, Fishing Licensing Agent--self-insurance fund as to embezzle ment (Nat R--20th) The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 459. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to random drug testing of employees in high-risk jobs, so as to permit employees to provide medical information relevant to the drug tests; to provide for retesting of certain employees; to provide that an employee con ducting high-risk work found to have used an illegal drug shall be suspended from his or her public employment. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, JANUARY 16, 1992 141 Those voting in the affirmative were Senators: Baldwin - Broun of 46th Brown of 26th Burton Clav f.man Clhn.s Dp awj kms Dean Echols Edge Egan English Foster Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson TK^i-dJdJ Marable Move Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Sr.^tem bi erg Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Alien (excused) Bishop Bowen Garner (excused) Harris Langford Shumake Tate Timmons On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 463. By Senator Kidd of the 25th: A bill to amend Chapter 44 of Title 43 of the Official Code of Georgia Annotated, known as the "Georgia State Speech-Language Pathology and Audiology Licens ing Act," so as to change the definition of the term "speech-language pathology aide" or "audiology aide"; to change the provisions relating to the general powers of the State Board of Examiners for Speech-Language Pathology and Audiology. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr 142 JOURNAL OF THE SENATE Steinberg Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Bishop Bowen Garner (excused) Harris Langford Shumake Tate Taylor Timmons On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 155. By Senators Scott of the 36th, Foster of the 50th, Kidd of the 25th and others: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students and school attendance, so as to change the maxi mum age at which a child is required to be enrolled in a public school, private school, or home study program; to change the provisions relating to exemptions from compulsory attendance; to provide for an effective date. The House substitute to SB 155 was as follows: A BILL To be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, so as to change the minimum age for compulsory attendance; to provide for enrollment in al ternative programs for certain students; to provide for exceptions; to prohibit social promo tion of students; to encourage local systems to develop alternative programs for students unable to meet minimum requirements for advancement; to provide for reports on such programs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory school attendance, is amended by striking subsection (a) of Code Section 20-2-690.1, relating to mandatory education for children be tween ages seven and 16, in it entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) Every parent, guardian, or other person residing within this state having control or charge of any child or children between their seventh sixth and sixteenth birthdays shall enroll and send such child or children to a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program; and such child shall be responsible for enrolling in and attending a public school, a private school, or a home study program that meets the requirements for a public school, a private school, or a home study program under such penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15, unless the child's failure to enroll and attend is caused by the child's parent, guardian, or other person, in which case the parent, guardian, or other person alone shall be responsible; provided, however, that tests and phys ical exams for military service and the National Guard and such other approved absences shall be excused absences." THURSDAY, JANUARY 16, 1992 143 Section 2. Said subpart is further amended by adding a new Code Section 20-2-690.2 to read as follows: "20-2-690.2. (a) For purposes of this subsection, a child's age is the age of that child on September 1. Any student who is three years older than the normal student for a grade, as defined by the board of education, may be enrolled in an alternative program, provided that this age restriction shall not apply to students eligible for and receiving special education services pursuant to Code Section 20-2-152. (b) No public school shall promote or place a child in the next grade based solely on such child's age. If such child has not met the minimum requirements for promotion to such grade, the local school system is encouraged to augment the regular instructional program with an alternative or innovative program as suggested or recommended by the Department of Education. Local school systems shall make an annual report on such alternative pro grams to the Department of Education." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Scott of the 36th moved that the Senate disagree to the House substitute to SB 155. On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 155. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 470. By Senator Kidd of the 25th: A bill to amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to elections and primaries generally, so as to change the date of the pres idential preference primary; to require certain elections to be conducted on such revised date; to provide for the preparation, obtaining, and delivering of certain absentee ballots, envelopes, and supplies; to provide for duties and procedures for election officials. Senator Kidd of the 25th moved that SB 470 be committed to the Senate Committee on Governmental Operations. On the motion, the yeas were 35, nays 0; the motion prevailed, and SB 470 was commit ted to the Senate Committee on Governmental Operations. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Higher Education, and favorably reported by the committee, was put upon its passage: HB 318. By Representative Herbert of the 76th: A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Anno tated, relating to fees and their collection, so as to change the provisions relative to fees. Senate Sponsor: Senator Hammill of the 3rd. Senator Hammill of the 3rd moved that HB 318 be postponed until Monday, February On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 318 was post poned until Monday, February 3. 144 JOURNAL OF THE SENATE The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Finance and Public Utilities, and favora bly reported by the committee, was put upon its passage: HB 456. By Representatives Dover of the llth, Coleman of the 118th, Walker of the 115th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of taxable net income for state income tax purposes, so as to provide for an additional adjustment with respect to capital gains; to provide for an effective date and applicability. Senate Sponsors: Senators Garner of the 30th and Starr of the 44th. The Senate Committee on Finance and Public Utilities offered the following amendment: Amend HB 456 by striking on line 23 of page 1 the figure "1991" and substituting the figure "1992". On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton XT CCDoalw?lmmkisanns j) eal D ean Echols Edge Egan Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JTKo^lh-dJndJson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr m TStaeyiilnobrerg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Bishop English Garner (excused) Langford Shumake Tate On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. THURSDAY, JANUARY 16, 1992 145 The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Higher Education, and favorably reported by the committee, was put upon its passage: HB 695. By Representative Blitch of the 150th: A bill to amend Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to scholarships, loans, and grants, so as to authorize the Georgia Student Finance Commission, the Georgia Higher Education Assistance Corporation, and the Georgia Student Finance Authority to advertise or other wise promote their programs, functions, and purposes and to expend funds for such purposes. Senate Sponsor: Senator Perry of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Edge Egan Foster Gillis Ham mill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Bishop Deal Echols English Garner (excused) Langford Shumake Tate On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Natural Resources, and favorably re ported by the committee, was put upon its passage: HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as 146 JOURNAL OF THE SENATE to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents. Senate Sponsor: Senator Gillis of the 20th. Senator Gillis of the 20th moved that HB 708 be postponed until Monday, February 3. On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 708 was post poned until Monday, February 3. Serving as doctor of the day today was Dr. Larry W. Anderson of Lithonia, Georgia. Senator Dean of the 31st moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 2:05 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. FRIDAY, JANUARY 17, 1992 147 Senate Chamber, Atlanta, Georgia Friday, January 17, 1992 Fifth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1163. By Representative Yeargin of the 14th: A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the educa tion districts of the board and provide for definitions and inclusions of parts of education districts. HB 1164. By Representative Yeargin of the 14th: A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to change the description of the commissioner districts and provide for defi nitions and for inclusions of parts of commissioner districts. HB 1107. By Representative Greene of the 130th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, the "Georgia Municipal Training Act," so as to designate existing Code Section 36-45-1 through 36-45-9 as Article 1; to provide for training classes for clerks of the governing authority of any municipality; to change the composition of the Board of the Georgia Municipal Training Institute; to provide for establishment of training classes for city clerks by the Carl Vinson Institute of Government. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 539. By Senator Kidd of the 25th: 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 repeal the requirement that tax collectors or tax commissioners search out taxable property not returned for taxes; to change the oath of office for tax collectors; to change the provisions relating to duties of tax collectors and tax commissioners. Referred to Committee on Finance and Public Utilities. SB 540. By Senator Ramsey of the 54th: 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 148 JOURNAL OF THE SENATE the road, so as to provide that no person shall operate a motor vehicle on the public roads of this state if the dimension or weight exceeds certain limits. Referred to Committee on Transportation. SB 541. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define certain terms; to provide that no state agency shall expend any public funds for personal services rendered by a retired state employee or official for a certain period fol lowing retirement; to provide for exceptions. Referred to Committee on Governmental Operations. SB 542. By Senators Deal of the 49th, Dawkins of the 45th and Thompson of the 33rd: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases. Referred to Committee on Judiciary. SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th: A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms. Referred to Committee on Natural Resources. SB 544. By Senators Hooks of the 14th, Coleman of the 1st, Deal of the 49th and Starr of the 44th: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by politi cal subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision; to restrict the power of a county, municipality, or other political subdivision to condemn real property outside the boundaries of such political subdivision for airport purposes. Referred to Committee on Transportation. SB 545. By Senator Foster of the 50th: A bill to amend Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to legal defense of indigents, so as to create the office of the multicounty public defender; to define certain terms; to provide for the nature and powers of such office; to provide for the management of such office; to provide for the prep aration of a budget and for payment of expenses of such office; to provide for the appointment of a multicounty public defender; to provide for staffing of such office. Referred to Committee on Judiciary. SB 546. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Newbill of the 56th: A bill to amend Code Section 47-10-40 of the Official Code of Georgia Annotated, relating to membership in the Trial Judges and Solicitors Retirement Fund, so as FRIDAY, JANUARY 17, 1992 149 to provide that the governing authority of a county may supplement the benefit of a superior court judge who is receiving benefits under such fund. Referred to Committee on Retirement. SR 377. By Senator Kidd of the 25th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water distribution line in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 378. By Senator Ramsey of the 54th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a historical marker in, on, over, under, upon, across, or through property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 379. By Senator Foster of the 50th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water intake line in, on, over, under, upon, across, or through property owned by the State of Georgia in Rabun County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 380. By Senator Gillis of the 20th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the State of Georgia in Toombs County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 381. By Senator Timmons of the llth: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, across, or through property owned by the State of Georgia in Stewart County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 383. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and Deal of the 49th: A resolution designating October, 1992, as "Georgia Quality Month". Referred to Committee on Rules. SR 384. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and Deal of the 49th: A resolution creating the Joint Georgia Business Climate Study Committee. Referred to Committee on Rules. 150 JOURNAL OF THE SENATE The following bills of the House were read the first time and referred to committees: HB 1107. By Representative Greene of the 130th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, the "Georgia Municipal Training Act," so as to designate existing Code Section 36-45-1 through 36-45-9 as Article 1; to provide for training classes for clerks of the governing authority of any municipality; to change the composition of the Board of the Georgia Municipal Training Institute; to provide for establishment of training classes for city clerks by the Carl Vinson Institute of Government. Referred to Committee on Governmental Operations. HB 1163. By Representative Yeargin of the 14th: A bill to amend an Act providing for the election of members of the Board of Education of Oglethorpe County, so as to change the descriptions of the educa tion districts of the board and provide for definitions and inclusions of parts of education districts. Referred to Committee on Urban and County Affairs. HB 1164. By Representative Yeargin of the 14th: A bill to amend an Act creating a Board of Commissioners of Oglethorpe County, so as to change the description of the commissioner districts and provide for defi nitions and for inclusions of parts of commissioner districts. Referred to Committee on Urban and County Affairs. The following report of standing committees was read by the Secretary: Mr. President: The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 496. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SB 292. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: FRIDAY, JANUARY 17, 1992 151 SB 474. Do pass. SB 486. Do pass. SB 487. Do pass. SB 489. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 473. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 522. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 47. Do pass. SB 149. Do pass by substitute. SB 60. Do pass. SB 61. Do pass by substitute. SB 337. Do pass. SB ug Do pa88 by sub8titute. SB 445' Do pass by substitute. SB 108. Do pass. SB 447. Do pass by substitute. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 504. Do pass. HB 451. Do pass by substitute. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: 152 JOURNAL OF THE SENATE SB 343. Do pass. SB 501. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate were read the second time: SB 512. By Senator Turner of the 8th: A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commis sion, so as to change and clarify certain powers of the commission; to provide an effective date. SB 513. By Senator Turner of the 8th: A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to change and clar ify certain powers of the authority; to provide an effective date. SB 519. By Senator English of the 21st: 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 to delete dairy products from such definition; to provide who shall be required to post bond; to change an exception. SB 520. 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 of terms used in the Official Code of Georgia Annotated and in other laws of this state, so as to change the definitions of agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; to provide that such definitions shall not apply to certain provisions of the Offi cial Code of Georgia Annotated or other laws; to provide an effective date. SB 521. By Senator English of the 21st: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to prohibit certain acts or practices and provide for penalties. SR 363. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Milledgeville, Baldwin County, Georgia; to provide an effec tive date. SR 364. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. SR 369. By Senator Thompson of the 33rd: A resolution authorizing and directing the conveyance of certain state-owned property located in Cobb County, Georgia. Senator Tysinger of the 41st moved that Senator Phillips of the 9th be excused from FRIDAY, JANUARY 17, 1992 153 the Senate today in order that he might be present at a meeting that U. S. President George Bush is attending in Atlanta. On the motion, the yeas were 29, nays 0; the motion prevailed, and Senator Phillips of the 9th was excused from the Senate today. Senator Deal of the 49th moved that Senator Foster of the 50th be excused from the Senate today due to Senate business away from the city. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Foster of the 50th was excused from the Senate today. Senator Henson of the 55th moved that Senator Moye of the 34th be excused from the Senate today in order that she could be present at a meeting that U. S. President George Bush is attending in Atlanta. On the motion, the yeas were 34, nays 2; the motion prevailed, and Senator Moye of the 34th was excused from the Senate today. Senator Dean of the 31st moved that Senator Garner of the 30th be excused from the Senate today due to pressing business out of state. On the motion, the yeas were 35, nays 1; the motion prevailed, and Senator Garner of the 30th was excused from the Senate today. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Alien (excused) Foster (excused) Garner (excused) Hasty Langford Moye (excused) Phillips (excused) Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. 154 JOURNAL OF THE SENATE Senator Ramsey of the 54th introduced the chaplain of the day, Reverend Curtis Moreland, pastor of Bethel A.M.E. Church, Dalton, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 382. By Senators Poster of the 50th, Deal of the 49th, Gillis of the 20th and others: A resolution commending Honorable Glenn Wilson "Jack" Ellard. SR 385. By Senators Taylor of the 12th, Hooks of the 14th and Ragan of the 10th: A resolution declaring February 3, 1992, as Albany Day at the state capitol. SR 386. By Senators Johnson of the 47th, Steinberg of the 42nd and Walker of the 22nd: A resolution commending Georgia Citizens for the Arts. SR 387. By Senator Collins of the 17th: A resolution paying tribute to Emory K. Crenshaw. The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Friday, January 17, 1992 FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 343 Kidd, 25th PUTNAM COUNTY A bill to provide for the compensation of the judge and solicitor of the State Court of Putnam County; also to provide for the administrative and clerical assistants. SB 501 Pollard, 24th Albert, 23rd COLUMBIA COUNTY A bill to provide for the election of members of the Board of Education of Columbia County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Gillis Hammill Harris Hill FRIDAY, JANUARY 17, 1992 155 Hooks Huggins Johnson KMiadrdable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey RR&oyb.inson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Foster (excused) Garner (excused) Hasty Henson Langford Moye (excused) Phillips (excused) Shumake On the passage of the local bills, the yeas were 47, nays 0. The bills on the Senate Local Consent Calendar, having received the requisite constitu tional majority, were passed. SENATE CALENDAR Friday, January 17, 1992 FIFTH LEGISLATIVE DAY SB 460 Georgia Food Act--exclude certain establishments (C Aff--34th) SB 475 Lottery--laws prohibiting not apply to sale, manufacture of devices (F&PU-- 49th) SB 495 Marriage Ceremonies--compensation for those performing (Gov Op--54th) SR 359 Lottery--vote on continuing in 1996 and then quadrennially (F&PU--17th) HR 500 K. T. Kennedy Reef--designate (Nat R--20th) The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 460. By Senator Moye of the 34th: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to change cer tain definitions so as to exclude certain food establishments from regulation. Senator Broun of the 46th moved that SB 460 be postponed until February 3, 1992. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 460 was post poned until February 3. SB 475. By Senator Deal of the 49th: A bill to amend Code Section 16-12-35 of the Official Code of Georgia Annotated, relating to the manufacture and sale of printed materials and equipment for use in a lottery conducted by a state or foreign country, so as to provide that certain laws relative to prohibitions against gambling shall not apply to the manufactur ing, processing, selling, possessing, or transporting of any printed materials, equipment, devices, or other materials used or designated for use in a legally authorized lottery. 156 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg T1 fUltl/pc Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Alien (excused) Foster (excused) Garner (excused) Hammill Langford Moye (excused) Phillips (excused) Shumake 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. Senator Timmons introduced the doctor of the day, Dr. A. A. McNeill, Jr., of Camilla, Georgia. The following general bill and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SB 495. By Senator Ramsey of the 54th: A bill to amend Article 2 of Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating to marriage licenses and ceremonies, so as to provide for compensation for persons performing marriage ceremonies. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge FRIDAY, JANUARY 17, 1992 157 Bgan English Gillis ~ Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Foster (excused) Garner (excused) Hammill Langford Moye (excused) Phillips (excused) Shumake On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 359. By Senators Collins of the 17th, Phillips of the 9th and Newbill of the 56th: A resolution proposing an amendment to the Constitution so as to provide that the question of the continued existence of any lottery or lotteries run by or on behalf of the state shall be submitted to the voters in 1996 and quadrennially thereafter; to provide for the submission of this amendment for ratification or rejection. Senator Dawkins of the 45th moved that SR 359 be committed to the Senate Commit tee on Finance and Public Utilities. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Coleman Dawkins Deal Dean Echols English Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Burton Clay Collins Edge Egan Newbill Phillips Ragan of 32nd Tysinger White 158 JOURNAL OF THE SENATE Those not voting were Senators: Alien (excused) Foster (excused) Garner (excused) Hammill Langford Moye (excused) Shumake On the motion, the yeas were 39, nays 10; the motion prevailed, and SR 359 was com mitted to the Senate Committee on Finance and Public Utilities. The following message was received from the House through Mr. Rivers, 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 829. By Representatives Murphy of the 18th and Porter of the 119th: A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman. The following bill of the House was taken up for the purpose of considering the House amendment thereto: HB 829. By Representatives Murphy of the 18th and Porter of the 119th: A bill to amend Code Section 46-2-5 of the Official Code of Georgia Annotated, relating to the chairmanship of the Public Service Commission, so as to change the provisions relating to the chairman. The House amendment was as follows: Amend the Senate substitute to HB 829 by striking the words "rotating the chairman ship" on line 5 of page 1 and inserting in their place the words "selecting the chairman". By adding after the semicolon on line 6 of page 1 the following: "to provide an alternative method;". By striking the words "chairmanship of the commission shall be rotated" on line 24 of page 1 and inserting in their place the words "chairman shall be selected". By adding after the word "selected" on line 7 of page 2 the following: "by the members of the commission". By striking the word "succeed" on line 26 of page 2 and inserting in its place the words "be selected". By changing the designation "(c)" on line 3 of page 3 to the designation "(d)" and inserting immediately prior thereto a new subsection (c) to read as follows: "(c) Anything in subsection (b) of this Code section to the contrary notwithstanding, the members of the commission may by unanimous vote of the members select any member as chairman for any given year for a term of office as chairman e.t specified in subsection (a) of this Code section." Senator Starr of the 44th moved that the Senate agree to the House amendment to the Senate substitute to HB 829. On the motion, a roll call was taken, and the vote was as follows: FRIDAY, JANUARY 17, 1992 159 Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th BBruorwtonn of 26th /CC-iiloalyeman Collins Dawkins Deal Dean Echols Edge Egan English Gillis Hammill Harris Hasty HHielnl son THHTouogkigsins Johnson Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson *,,,Ot.t o0Stt, aemr. rb, erg lay'or Thompson Timmons Turner Walker of 22nd Walker of 43rd White Voting in the negative were Senators Tate and Tysinger. Those not voting were Senators: Alien (excused) Foster (excused) Garner (excused) Kidd Langford Moye (excused) Shumake On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 829. The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption: HR 500. By Representatives Porter of the 119th, Godbee of the 110th, Lane of the lllth and others: A resolution designating the K.T. Kennedy Reef. Senate Sponsor: Senator Gillis of the 20th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Deal Dean Echols Edge Egan English Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott 160 JOURNAL OF THE SENATE Starr Steinberg Tate - Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Alien (excused) Collins Dawkins Foster (excused) Garner (excused) Langford Moye (excused) Newbill Shumake Walker of 43rd On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Dean of the 31st moved that the Senate recess at 11:00 o'clock A.M., the hour for the Joint Session of the Senate and House of Representatives called for the purpose of hearing a message from the Honorable Harold G. Clarke, Chief Justice of the Supreme Court of Georgia, and that the Senate, immediately upon dissolution of the Joint Session, stand in recess until 5:00 o'clock P.M. at which time the Senate would stand adjourned, pursuant to HR 642 adopted previously, until 10:00 o'clock A.M. on Monday, February 3. The motion prevailed. The hour for convening the Joint Session of the Senate and House of Representatives under the provisions of HR 641 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message from the Chief Justice of the Supreme Court of Georgia, was called to order by the President of the Senate. HR 641, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House. The Honorable Harold G. Clarke, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and House of Representatives as follows: Lieutenant Governor Howard, Mr. Speaker, Honorable members of the Georgia General Assembly, my fellow Justices and judges, distinguished guests, members of the media, ladies and gentlemen: From experience, I know you do not number this as one of your favorite days of the Legislative session. You have problems to solve, work to do, constituents to satisfy and a state to serve. Understanding all that makes me appreciate even more your willingness to spend some time listening to me. Having sat where you now sit, I know too well how easy it is to over look the judiciary. After all, court personnel constitutes a minute portion of state employees, and we measure the portion of the total state budget which goes to the Judicial Branch in one-thousandths rather than percentage points. Surely your time could be better spent see ing after more important state business. This assumes, though, that small numbers make for unimportance. This overlooks the solemnity and impact of judicial duties and proceedings. All the courts can do is take your property, take your freedom, take your life, or take your children. I point this out not to brag about our authority, but to explain our concerns for the capacity to exercise that au thority in the best interest of the people. We have courts because people have problems. It falls the duty of judges to find ways to solve those problems. This becomes harder all the time because the number and complexity of the problems grows enormously. FRIDAY, JANUARY 17, 1992 161 I propose to you some new means to help the courts keep up with the needs of the people. But first, let me tell you where we are and what we are doing. Increasing caseloads continue to burden Georgia's courts. The superior courts faced a 9% increase in filings last year, bringing the level of new cases to about 300,000. The aver age filing per judge increased to more than 2,000 cases. The other courts deal with like increases. Judges labor to handle enormous caseloads with fewer and fewer resources. The 1992 judicial appropriation amounts to 76/1000 of the state budget. So we must look at new means of saving and streamlining. Let me list just a couple of those. Providing more indigent defense can save. A compre hensive mediation and arbitration program can save. And of course, there are numerous other areas like court automation and better organization which the courts are instituting daily. Looking first at mediation and arbitration, the Supreme Court of Georgia and the State Bar expressed their recognition that not every case needs a full blown trial. So the court created the Joint Commission on Alternative Dispute Resolution. This Commission is work ing with local courts and governments in establishing pilot programs around the state. In this way, we learn what works and what won't. By next session, we expect to ask for your help. I believe we head in the direction of saving time and saving money while reaching good results for people who have disputes needing resolution. I may surprise you by calling indigent defense a money saver, but don't forget the cost of retrials. Poor indigent defense contributes to errors which require cases to be tried more than once. But, of course, this is not the only reason or even the main reason for doing something about providing assistance to indigent persons accused of crimes. For one thing, the constitution requires it. Beyond that, it's the right thing to do. I know tight money limits what you can do. But the fact of the matter is that when money was far more plentiful, precious little has ever been done by the state in the area of indigent defense. Because of this, local governments struggle to fund a program which the constitution and logic say is a state burden. This is unfair to local governments and results in uneven quality of representation around the state causing untold problems and expenses within the court system. Georgia lawyers and courts have begun programs to boost indigent defense. These in volve free service by lawyers and infusions of more money. The Atlanta One Thousand Law yers for Justice project shows a willingness by lawyers to give free time and effort represent ing indigent defendants. Similar programs take place throughout the state. A substantial portion of the funds generated by interest on lawyers trust accounts will flow into the pool for defense of indigents. But, my friends, indigent defense must not be seen as solely a lawyer problem any more than health care for the poor is seen as solely a doctor problem. The state must provide both of these because it is right to do it. But of the two, the constitution only requires indigent defense. Some may argue that the poor who need health care are innocent people, and that the public has no duty to criminals. If we buy that argument, we abandon one of the most important precepts of the American system: all persons are presumed innocent until proven guilty. If the poor lose the presumption of innocence, then all will lose the presumption of innocence. When it falls, traditional American ideas of freedom go with it. This endangers the broad interest of every one of our people. Judge Learned Hand once said, "If we are to keep our democracy, there must be one commandment: Thou shalt not ration justice." On the subject of trial of death penalty cases, I suggest three actions which I believe could bring about better results with purer justice, less delay and less cost. 162 JOURNAL OF THE SENATE First, we must recognize that the complexity and ever-changing nature of the law in death penalty cases requires knowledge possessed only by those who spend almost full time in the area. Therefore, when a lawyer is appointed to handle a death penalty case, that lawyer must have guidance to assure that the case is prepared and tried without fatal de fects. This can be done by the establishment of a small central state office to advise with and guide appointed counsel in the defense of a death penalty case. I am convinced this would bring about better justice, more efficiency and substantial economies. Second, in almost every death penalty case, ineffective assistance of counsel becomes an issue. Most often, the issue arises far down the road in habeas corpus proceedings. I believe it should be decided at the earliest possible time. I therefore suggest that when the death penalty is imposed, the trial court appoint a new lawyer to represent the defendant in an early hearing on the effectiveness of the trial counsel. This result would then be reviewed on direct appeal rather than being delayed until some later proceedings far down the road. This would improve justice and serve judicial economy. Third, I again suggest that the congress ought to authorize the United States Circuit Courts of Appeals to answer certified questions of federal law sent to them by state supreme courts in death penalty cases. As I have said to you before, a state supreme court can decide state law questions. We can only predict what the federal courts will do with federal questions. It just makes sense that we go to the source of federal decisions rather than speculate on what that source may do years later. Of course, this would require a congressional act. I ask that you urge congress to pass such a law. We live in a world of crumbling walls. Some fall and allow liberty to flow more freely while others topple into a heap of confusion, doubt and disorder. Georgia has no Berlin wall but it has barriers which impede justice and block the path to a better future. We will clear these barriers only when we brush the clouds of doubt from our eyes and quit limiting our vision by failing to think big. The money aspect of the whole picture becomes unimportant compared to the change of thinking which the present demands of all of us. The unsatisfactory present and an im proved future require work and a willingness to see the unlimited possibilities. For most of my life, I, along with other Georgians, have made a perfect excuse for medi ocrity wherever it exists in our state. In my ten years in the legislature, we used that excuse. During my twelve years on the bench, we have used that excuse. How many times have you heard it said? "Georgia can't do what other states do because we're TO'." My friends, we have let reality pass us by. Measured on a comparative scale with other states, Georgia no longer fits the description of "po." Some say if we had the resources of North Carolina, Florida or Texas, we too could do wonderful things. We say all that without even looking at the facts which show us that the per household income in Georgia exceeds that of every state in the south except Virginia, and that includes North Carolina, Florida and Texas. We hear of the outstanding services in states like Iowa and Indiana and blame our deficiencies on lack of money. Again, our per household income exceeds that of those states. The question is not what we've got. It's how we use it. Georgia's problems come not so much from financial poverty. Georgia's problems more often come from a poverty of vision and an unwillingness to lay aside those things which provide little to the people and to grasp those things which provide enrichment to the peo ple. We begin now to hear the beginnings of the clear ring of the bell of vision in Georgia. We must answer its call. The judicial branch is ready and anxious to move toward the twenty-first century by preserving the best of our past traditions, but more importantly by finding new ways to better solve people's problems. Your judicial branch is ready to do better things. We've half-soled the old judicial shoes FRIDAY, JANUARY 17, 1992 163 too long. The time has come for a new pair of shoes. With your help, we're ready to put on those new shoes and race along the track to a time when we can truly fulfill our constitu tional duty to provide to the people of Georgia speedy, inexpensive and efficient resolution of disputes and prosecution of crimes. Representative Walker of the 115th moved that the Joint Session be now dissolved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. Pursuant to a previously adopted motion, the Senate stood in recess until 5:00 o'clock P.M. and at that time, pursuant to the provisions of HR 642 adopted previously, stood adjourned until 10:00 o'clock A.M. on Monday, February 3. 164 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 3, 1992 Sixth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, January 17, had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1167. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the composition of the education districts from which the members of the board are elected. HB 1168. By Representative Birdsong of the 104th: A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected. HB 1172. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board. HB 1206. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensation and benefits of the tax commissioner. HB 1207. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation and benefits of the sheriff. HB 1208. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensa tion and benefits of the judge of the probate court. HB 1209. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensa tion and benefits of the clerk. MONDAY, FEBRUARY 3, 1992 165 HB 1226. By Representative Yeargin of the 14th: A bill to provide for the compensation of the coroner and deputy coroner of Oglethorpe County. HB 635. By Representatives Cummings of the 17th, Baker of the 51st, Clark of the 13th and Irwin of the 57th: A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Georgia Firemen's Pension Fund, so as to provide that if any member who elects reduced retirement benefits payable to the member's surviving spouse divorces or is predeceased by such spouse, then the member's retirement benefit will increase to the level it would have been if he had not exercised such option. HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd, McCoy of the 1st and Perry of the 5th: 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 provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge. HB 761. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to change the definitions of certain terms used in Title 11; to change the provisions relating to an issuer's duty and privi lege to honor a draft or demand and the right to reimbursement; to revise Article 8, relating to investment securities. HB 1149. By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th: A bill to amend Code Section 15-21-94 of the Official Code of Georgia Annotated, relating to assessment and collection of sums for the county jail fund, so as to provide for the assessment and collection of funds to be paid over to the gov erning authority of the county with which the city has contracted. HB 1121. By Representatives Thomas of the 69th, Twiggs of the 4th and Chambless of the 133rd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to authorize the electronic reporting of convictions by courts to the Department of Public Safety. HB 1185. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Code Section 16-6-5 of the Official Code of Georgia Annotated, relating to enticing a child for indecent purposes, so as to change the provisions relating to penalties for a third, fourth, or subsequent offense. HB 1187. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Controlled Substances Therapeutic Research Act," so as to change the provisions relating to enforcement and punishment of certain conduct. 166 JOURNAL OF THE SENATE HB 1188. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated. HB 1189. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 547. By Senator Kidd of the 25th: A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the definition of a certain term; to define an additional term; to provide that the provisions of said chapter shall apply to certain private residences constructed for first occupancy after January 1, 1993; to provide an effective date. Referred to Committee on Health and Human Services. SB 548. By Senator Scott of the 36th: A bill to amend an Act providing for the appointment of magistrates in Fulton County, as amended, so as to increase the number of magistrates in Fulton County from three to five; to provide the procedure in connection with the ap pointment of new magistrates; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 549. By Senator Scott of the 36th: A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christ mas Day, so as to change the provision relating to the sale of alcoholic beverages within 250 feet of a polling place to make such limitation apply only for con sumption on the premises. Referred to Committee on Consumer Affairs. SB 550. By Senator Scott of the 36th: A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices on hills, so as to eliminate the prohibition against the use of radar speed detection devices on highways having a grade in excess of 7 percent. Referred to Committee on Public Safety. SB 551. By Senator Scott of the 36th: A bill to amend Code Section 40-14-3 of the Official Code of Georgia Annotated, relating to applications for speed detection device permits, so as to provide that certain counties or municipalities which employ a full-time traffic engineer may MONDAY, FEBRUARY 3, 1992 167 add additional streets or roads to a permit without approval by the Division of Traffic Engineering and Safety of the Department of Transportation. Referred to Committee on Public Safety. SB 552. By Senators Perry of the 7th, Echols of the 6th, Ray of the 19th and others: A bill to amend Code Section 45-2-21 of the Official Code of Georgia Annotated, relating to veterans entitled to additional points on civil service examination scores, so as to provide that members of the National Guard who served on ac tive duty in an "area of imminent danger" during Operation Desert Shield or Operation Desert Storm shall be eligible for veterans' employment preference; to provide a definition. Referred to Committee on Governmental Operations. SB 553. By Senator Kidd of the 25th: A bill to amend the Official Code of Georgia Annotated so as to change the mini mum annual salaries received by the constitutional county officers in this state; to change the provisions relating to periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers; to change provisions relating to longevity increases in salaries of constitutional county of ficers; to provide an effective date. Referred to Committee on Governmental Operations. SB 554. By Senator Dean of the 31st: A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by chief clerk upon vacancy in office of probate court, so as to provide that the chief clerk shall assume the same com pensation as the probate judge less any longevity raises received by such judge. Referred to Committee on Judiciary. SB 555. By Senators Dean of the 31st and Perry of the 7th: A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses, so as to clarify the requirements for a vet eran's license. Referred to Committee on Defense and Veterans Affairs. SB 556. By Senators Tate of the 38th, Egan of the 40th, Scott of the 36th and Newbill of the 56th: A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 557. By Senators Tate of the 38th, Albert of the 23rd, Walker of the 22nd and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to authorize certain counties and municipalities to enter into agreements for the reporting of unpaid parking fines; to provide for the nonissuance of registrations and license plates on such vehicles; to provide for reporting of unpaid fines; to provide for rules and regulations. Referred to Committee on Urban and County Affairs (General). 168 JOURNAL OF THE SENATE SB 558. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions. Referred to Committee on Governmental Operations. SB 559. By Senator Tysinger of the 41st: A bill to amend an Act revising, superseding, and consolidating the laws relating to the governing authority of DeKalb County, as amended, so as to change the definition of "member of the governing authority"; to provide for sanctions for the violation of the code of ethics; to provide for procedures, requirements, and other matters relative to the foregoing; to provide for a referendum. Referred to Committee on Urban and County Affairs. SB 560. By Senator Pollard of the 24th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date. Referred to Committee on Insurance and Labor. SB 561. By Senator Johnson of the 47th: A bill to amend Code Section 31-7-3 of the Official Code of Georgia Annotated, relating to requirements for permits to operate hospitals and related institutions, so as to provide for consultation with the office of the state long-term care ombudsman prior to licensing a personal care home; to provide for denial of a license for a personal care home on the basis of information from the office of the state long-term care ombudsman. Referred to Committee on Health and Human Services. SB 562. By Senator Newbill of the 56th: A bill to amend Article 4 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to hospital authorities, so as to provide procedures and re quirements for construction contracts and purchases of commodities of hospital authorities to be by sealed competitive bids; to provide for definitions; to provide for alternative methods of purchasing. Referred to Committee on Health and Human Services. SB 563. By Senators Newbill of the 56th and Clay of the 37th: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weap ons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explosive compounds and provide penalties therefor; to define a certain term; to provide exceptions. Referred to Committee on Education. SB 564. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the regulation of medicare sup plement insurance; to provide definitions; to provide for the applicability and MONDAY, FEBRUARY 3, 1992 169 scope of the chapter; to provide standards for policy provisions; to provide au thority to promulgate rules and regulations; to provide authority for the Commis sioner to issue reasonable regulations to establish minimum standards for loss ratios. Referred to Committee on Insurance and Labor. SB 565. By Senator Albert of the 23rd: A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide for declara tions of paternity; to provide for procedures for declarations at the time of birth. Referred to Committee on Special Judiciary. SB 566. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and quali fications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide when the Senators elected shall take office. Referred to Committee on Reapportionment. SB 567. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and quali fications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Sena tors elected shall take office. Referred to Committee on Reapportionment. SR 389. By Senators Dean of the 31st and Deal of the 49th: A resolution amending the Rules of the Senate. Referred to Committee on Rules. SR 392. By Senator Foster of the 50th: A resolution proposing an amendment to the Constitution so as to provide that only service performed while a member of a retirement or pension system for which all required contributions to the system are made may be used in calculat ing benefits under such retirement or pension system; to provide for application; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Retirement. The following bills of the House were read the first time and referred to committees. HB 1167. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the composition of the education districts from which the members of the board are elected. Referred to Committee on Urban and County Affairs. 170 JOURNAL OF THE SENATE HB 1168. By Representative Birdsong of the 104th: A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected. Referred to Committee on Urban and County Affairs. HB 1172. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating the board of commissioners of Jones County, so as to reconstitute the membership of the board. Referred to Committee on Urban and County Affairs. HB 1206. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the Tax Commissioner of Twiggs County, so as to change the provisions relative to the compensation and benefits of the tax commissioner. Referred to Committee on Urban and County Affairs. HB 1207. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the Sheriff of Twiggs County in lieu of the fee system of compensation, so as to change the provisions relative to the compensation and benefits of the sheriff. Referred to Committee on Urban and County Affairs. HB 1208. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the Judge of the Probate Court of Twiggs County, so as to change the provisions relative to the compensa tion and benefits of the judge of the probate court. Referred to Committee on Urban and County Affairs. HB 1209. By Representative Birdsong of the 104th: A bill to amend an Act providing an annual salary for the clerk of the Superior Court of Twiggs County, so as to change the provisions relating to the compensa tion and benefits of the clerk. Referred to Committee on Urban and County Affairs. HB 1226. By Representative Yeargin of the 14th: A bill to provide for the compensation of the coroner and deputy coroner of Oglethorpe County. Referred to Committee on Urban and County Affairs. HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge. Referred to Committee on Judiciary. HB 635. By Representatives Cummings of the 17th, Baker of the 51st, Clark of the 13th and Irwin of the 57th: A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Georgia Firemen's Pension Fund, so MONDAY, FEBRUARY 3, 1992 171 as to provide that if any member who elects reduced retirement benefits payable to the member's surviving spouse divorces or is predeceased by such spouse, then the member's retirement benefit will increase to the level it would have been if he had not exercised such option. Referred to Committee on Retirement. HB 761. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to change the definitions of certain terms used in Title 11; to change the provisions relating to an issuer's duty and privi lege to honor a draft or demand and the right to reimbursement; to revise Article 8, relating to investment securities. Referred to Committee on Judiciary. HB 1121. By Representatives Thomas of the 69th, Twiggs of the 4th and Chambless of the 133rd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to authorize the electronic reporting of convictions by courts to the Department of Public Safety. Referred to Committee on Public Safety. HB 1149. By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th: A bill to amend Code Section 15-21-94 of the Official Code of Georgia Annotated, relating to assessment and collection of sums for the county jail fund, so as to provide for the assessment and collection of funds to be paid over to the gov erning authority of the county with which the city has contracted. Referred to Committee on Judiciary. HB 1185. By Representatives Thomas of the 69th, Chambless of the 133rd and Petitt of the 19th: A bill to amend Code Section 16-6-5 of the Official Code of Georgia Annotated, relating to enticing a child for indecent purposes, so as to change the provisions relating to penalties for a third, fourth, or subsequent offense. Referred to Committee on Judiciary. HB 1187. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Controlled Substances Therapeutic Research Act," so as to change the provisions relating to enforcement and punishment of certain conduct. Referred to Committee on Judiciary. HB 1188. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated. Referred to Committee on Special Judiciary. 172 JOURNAL OF THE SENATE HB 1189. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated. Referred to Committee on Special Judiciary. The following report of a standing committee was read by the Secretary: Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: HB 1100. Do pass. HB 1163. Do pass as amended. HB 1108. Do pass. HB 1164. Do pass as amended. HB 1128. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate were read the second time: SB 47. By Senator Kidd of the 25th: A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of retirement benefits and optional retirement benefits for members of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that any person who is receiving benefits from the fund on January 1, 1993, or who becomes entitled to receive benefits on or after January 1, 1993, shall be paid annual cost-of-living benefits under certain conditions; to provide for the calculation of such benefits. SB 60. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretarytreasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer; to change the maximum amounts on which members shall be allowed to pay dues and to change the maximum amounts used in the calculation of benefits. SB 61. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for employees of the board of commissioners of such fund; to provide for the compensation and duties of such employees; to provide that employees of the board are eligible for membership in the fund. SB 108. By Senator Timmons of the llth: A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of MONDAY, FEBRUARY 3, 1992 173 service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year. SB 148. By Senators Bishop of the 15th and Tate of the 38th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retire ment System of Georgia. SB 149. By Senators Bishop of the 15th, Robinson of the 16th and Tate of the 38th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain prior service; to provide requirements rela tive thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. SB 292. By Senators Taylor of the 12th, Harris of the 27th and Olmstead of the 26th: A bill to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to provide for leg islative intent; to remove certain limitations regarding coinsurance percentages in preferred provider arrangements; to allow insurers to limit the number or classes of providers under a preferred provider arrangement; to provide exceptions; to provide for information to be included in subscriber certificates. SB 337. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refunds of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provi sions relating to eligibility for retirement for members of the fund; to provide that members who have completed at least ten years of service may retire upon reaching the age of 55 years under certain conditions. SB 445. By Senator Pollard of the 24th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments required to obtain credit in the Employees' Retirement System of Georgia, so as to provide that certain members shall be entitled to creditable service for employment by the Judicial Council of Georgia; to provide for employee contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal. SB 447. By Senator Tate of the 38th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, so as to authorize cred itable service for certain part-time employment by the legislative branch of state government; to provide for a definition. SB 473. By Senator Deal of the 49th: A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change the provisions re lating to the filing of the complaint on which a warrant is issued; to provide for procedures, time limits, and requirements for the filing of complaints; to provide an effective date; to provide for applicability. 174 JOURNAL OF THE SENATE SB 474. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, known as the "Georgia Boat Safety Act," so as to change the provi sions relating to operating, navigating, steering, driving, or controlling of vessels, water skis, aquaplanes, surfboards, or similar devices while under the influence of alcohol or drugs, or both; to change the provisions relating to blood and other chemical tests; to provide for the liability of the owner of such vessel. SB 486. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 15-7-21 of the Official Code of Georgia Annotated, relating to the qualifications of state court judges, so as to provide that no person shall be a state court judge unless he or she shall have been a resident of the state for three years. SB 487. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators, so as to provide for the offense of habitual impaired driving; to provide for penalties; to change certain requirements for issuance of a probationary license; to require a criminal history check of an applicant for a probationary license. SB 489. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to revise the requirements and procedures relative to im plied consent; to provide for the suspension of a driver's license or the disqualifi cation of a person to operate a commercial motor vehicle upon a chemical test indicating that the driver was in per se violation of the prohibition against driv ing under the influence of alcohol. SB 496. By Senator Ramsey of the 54th: A bill to amend Code Section 15-16-21 of the Official Code of Georgia Annotated, relating to the fees for sheriff's services and the disposition of fees, so as to change certain fees for the services of a sheriff in civil cases. SB 504. By Senator Foster of the 50th: A bill to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to provide that persons who cannot communicate in the English language shall be incompetent to serve as grand jurors; to provide that any prospective juror who cannot communicate in the English language may be challenged for cause in the trial of any case and, if the judge is satisfied of the truth of such objection, the prospective juror shall be set aside for cause. SB 522. By Senators Gillis of the 20th, Garner of the 30th and Deal of the 49th: A bill to amend Part 3 of Article 5 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Safe Dams Act of 1978," so as to provide that final orders of the director of the Environmental Protection Division of the De partment of Natural Resources or of the Board of Natural Resources administra tive law judge may be filed in the superior court in the county in which the per son under order resides or in the county in which the violation of that part occurred. MONDAY, FEBRUARY 3, 1992 175 The following communications were received and read by the Secretary: Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 January 14, 1992 Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Max: Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Charles W. (Chuck) McGrady was elected as a member of the State Transportation Board from the Fourth Congressional District. He will serve for a term beginning April 16, 1992, and expiring April 15, 1997. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board. With best regards, I am Sincerely yours Is/ Sewell R. Brumby Legislative Counsel Enclosures cc: Honorable Zell Miller Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Charles W. McGrady Honorable Dean Alford Honorable Thurbert E. Baker Mr. Wayne Shackelford Mr. Hamilton McWhorter, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright The General Assembly Atlanta TO: HONORABLE MAX CLELAND SECRETARY OF STATE This is to certify that Honorable Charles W. (Chuck) McGrady, DeKalb County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board, as a member of the State Transportation Board from the Fourth Congressional District for a term of five years and until his successor is elected and quali fied, such term beginning April 16, 1992, and expiring April 15, 1997. This 14th day of January, 1992. /s/ PIERRE HOWARD President of the Senate /s/ THOMAS B. MURPHY Speaker, House of Representatives 176 JOURNAL OF THE SENATE The General Assembly Atlanta January 14, 1992 Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334 Dear Lieutenant Governor Howard: Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 13, 1992, at 4:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Charles W. (Chuck) McGrady was elected as a member of the State Transportation Board from the Fourth Con gressional District to serve a term beginning April 16, 1992, and expiring April 15, 1997. Respectfully submitted, /a/ DEAN ALFORD Representative, 57th District Chairman Fourth Congressional District Caucus M THURBERT E. BAKER Representative, 51st District Secretary Fourth Congressional District Caucus The General Assembly Atlanta January 14, 1992 Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334 Dear Speaker Murphy: Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 13, 1992, at 4:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Charles W. (Chuck) McGrady was elected as a member of the State Transportation Board from the Fourth Con gressional District to serve a term beginning April 16, 1992, and expiring April 15, 1997. Respectfully submitted, /s/ DEAN ALFORD Representative, 57th District Chairman Fourth Congressional District Caucus /s/ THURBERT E. BAKER Representative, 51st District Secretary Fourth Congressional District Caucus MONDAY, FEBRUARY 3, 1992 177 Office of Legislative Counsel 316 State Capitol Atlanta, Georgia 30334 January 17, 1992 Honorable Max Cleland Secretary of State 214 State Capitol Atlanta, GA 30334 Dear Max: Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term begin ning April 16, 1992, and expiring April 15, 1997. This certificate is furnished to you pursu ant to the provisions of O.C.G.A. Section 32-2-20 relative to the State Transportation Board. With best regards, I am Sincerely yours, /a/ Sewell R. Brumby Legislative Counsel Enclosures cc: Honorable Zell Miller Honorable Pierre Howard Honorable Thomas B. Murphy Honorable Sam M. Wellborn Honorable Ward Edwards Honorable Calvin Smyre Mr. Wayne Shackelford Mr. Hamilton McWhorter, Jr. Mr. Robert E. Rivers, Jr. Ms. Cindy Wright The General Assembly Atlanta TO: HONORABLE MAX CLELAND SECRETARY OF STATE This is to certify that Honorable Sam M. Wellborn, Muscogee County, has been elected, pursuant to the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, as a member of the State Transportation Board from the Third Congressional Dis trict. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term of five years and until his successor is elected and qualified, such term beginning April 16, 1992, and expiring April 15, 1997. This 17th day of January, 1992. M PIERRE HOWARD President of the Senate Is/ THOMAS B. MURPHY Speaker, House of Representatives 178 JOURNAL OF THE SENATE The General Assembly Atlanta January 17, 1992 Honorable Pierre Howard Lieutenant Governor 240 State Capitol Atlanta, GA 30334 Dear Lieutenant Governor Howard: Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 13, 1992, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term beginning April 16, 1992, and expiring April 15, 1997. Respectfully submitted, Is/ WARD EDWARDS Representative, 112th District Chairman Third Congressional District Caucus M CALVIN SMYRE Representative, 92nd District Secretary Third Congressional District Caucus The General Assembly Atlanta January 17, 1992 Honorable Thomas B. Murphy Speaker, House of Representatives 332 State Capitol Atlanta, GA 30334 Dear Speaker Murphy: Pursuant to your call for a caucus under the provisions of O.C.G.A. Section 32-2-20, relative to the State Transportation Board, a caucus was held on January 13, 1992, at 3:00 P.M. in the Senate Chamber, State Capitol, at which caucus Honorable Sam M. Wellborn was elected as a member of the State Transportation Board from the Third Congressional District. Mr. Wellborn was elected both to serve for the remainder of the unexpired term of office of the late Honorable Frank Morast, Jr., such term expiring April 15, 1992, and also to serve for a full term beginning April 16, 1992, and expiring April 15, 1997. Respectfully submitted, M WARD EDWARDS Representative, 112th District Chairman Third Congressional District Caucus M CALVIN SMYRE Representative, 92nd District Secretary Third Congressional District Caucus MONDAY, FEBRUARY 3, 1992 179 The following communications from Honorable Max Cleland, Secretary of State, were received and read by the Secretary January 24, 1992 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 1992 Session of the General Assembly for the week ending January 24, 1992. The list is numbered 1244 through 1335. We have voided 19 entries, leaving a total of 72 registered this week. We have a total registered of 1039. Most sincerely, Isl Max Cleland Secretary of State Attachments 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 associations who have registered in the Docket of Legislative Appearances as of January 24, 1992, in accordance with Georgia Law 1970, page 695; as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 24th day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (SEAL) Is/ Max Cleland SECRETARY OF STATE 3M National Advertising Company J.D. Sobol 2640 NW 17th Lane Pompano Beach, Florida 33064 (305) 971-2995 Amalgamated Transit Union Local 732 Calvin E. Sims, Sr. 501 Pulliam Street, S.W. Atlanta, Georgia 30312 (404) 522-0684 American Council of Life Insurance Doug Breitenbach 1001 Pennsylvania Avenue Suite 500 Washington, D.C. 20004 (202) 624-2195 American Disabled for Attendant Programs Today David Shore 5120 Hensley Drive Dunwoody, Georgia 30338 (404) 394-9691 Atlanta Business League Ralph Washington 70 Fairlie St. Suite 500 Atlanta, Georgia 30303 (404) 420-9495 Christian Coalition Charles R. Keith 7088 Babbling Brook Drive Jonesboro, Georgia 30236 (404) 961-0058 180 JOURNAL OF THE SENATE Concrete Change David Shore 5120 Hensley Drive Dunwoody, Georgia 30338 (404) 394-9691 Council of Juvenile Court Judges Barbara A. Lengyel 10 Park Place South Suite 540 Atlanta, Georgia 30303 (404) 656-6411 Barbara A. Lengyel 10 Park Place South Suite 540 Atlanta, Georgia 30303 (404) 656-6411 Rex R. Ruff 10 Park Place South Suite 540 Atlanta, Georgia 30303 (404) 656-6411 Timothy A. Pape Old Floyd County Courthouse Rome, Georgia 30161 (404) 291-5180 Council of Juvenile Court Judges of Georgia William W. Lavigno, III 882 Main Street Suite 130 Conyers, Georgia 30207 (404) 483-0500 Council of Magistrate Court Judges Judge David Wood 129 DeKalb Public Safety Bldg. 4400 Memorial Drive Decatur, Georgia 30032 (404) 294-2150 Court of Appeals of GA. Kaye Jones Carter 433 Judicial Building Atlanta, Georgia 30334 (404) 656-3462 Dow Elanco Robert C. Davidson 1800 Parkway Place Suite 1030 Marietta, Georgia 30067 (404) 590-4204 Family Concerns, Inc. Kim Haines 202 N. Sandy Beach Rd. Leesburg, Georgia 31763 (912) 436-2792 First Atlanta Corporation John P. Stevens 2 Peachtree Street, N.W. Atlanta, Georgia 30383 (404) 332-6428 Fulton County Soil & Water Conservation District Clark Gregory 660 Elkmont Drive, N.E. Atlanta, Georgia 30306-3623 (404) 876-2943 Ga. Association of Educators Matthew Billips 3951 Snapfinger Parkway Decatur, Georgia 30035 (404) 289-5867 Pamela Sloane 3951 Snapfinger Parkway Decatur, Georgia 30035 (404) 289-5867 Ga. Department of Revenue Travis Williams 434 T/W Building Atlanta, Georgia 30334 (404) 656-4767 Marcus E. Collins, Sr. 410 Trinity Washington Building Atlanta, Georgia 30334 (404) 656-4015 Ga. Department of Revenue, Alcohol & To bacco Tax Unit Chet Bryant 270 Washington Street Atlanta, Georgia 30334 (404) 656-4252 Ga. Department of Technical & Adult Education Norm Moye 660 South Tower One CNN Center Atlanta, Georgia 30303-2705 (404) 656-6991 Kenneth H. Breeden 660 South Tower One CNN Center Atlanta, Georgia 30303-2705 (404) 656-5845 Ga. Department of Transportation Wayne Shackelford No. 2 Capitol Square Atlanta, Georgia 30334 (404) 656-5208 MONDAY, FEBRUARY 3, 1992 181 Ga. Environmental Project Patrick Kessing 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Peter Bluestone 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Scott E. Garrison 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Sharon Cotter 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Dan Salmond 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Robin Finck 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Nora Torres 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Rodney Smith 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 R. Sean McEvoy 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 E. Leila L'Abate 429 Moreland Avenue Atlanta, Georgia 30307 (404) 521-3731 Ga. Fire Academy, Acting Superintendent C. David Saye Ga. Public Safety Training Ctr. Forsyth, Georgia 31029 (912) 993-4408 Ga. Nurses Association Martha Ford, RN 1352 West Peachtree Street Atlanta, Georgia 30309 (404) 876-4624 Ga. Police Academy, Acting Superintendent C. David Saye Ga. Public Safety Training Ctr. Forsyth, Georgia 31029 (912) 993-4408 Ga. Public Safety Training Center, Agency Head C. David Saye Ga. Public Safety Training Ctr. Forsyth, Georgia 31029 (912) 993-4408 Ga. Right to Life Albany Chapter Kim Haines 202 N. Sandy Beach Rd. Leesburg, Georgia 31763 (912) 436-2792 Ga. State Department of Education John Paul Vail 2 Martin Luther King Drive Suite 2062 East Tower Atlanta, Georgia 30334 (404) 656-2804 Georgia Department of Natural Resources Joe D. Tanner 205 Butler Street Suite 1252 Atlanta, Georgia 30334 (404) 656-3500 Georgia Office of Energy Resources Paul Burks Room 401 254 Washington Street, SW Atlanta, Georgia 30334 (404) 656-5176 Georgia Real Estate Investors Association Chip Spradley P.O. Box 450981 Atlanta, Georgia 30345 (404) 669-8354 Georgia Wildlife Federation Nell Jones 1930 Iris Drive Conyers, Georgia 30207 (404) 929-3350 Paul Broun, Jr. 1930 Iris Drive Conyers, Georgia 30207 (404) 929-3350 Glenn K. Reeves 1930 Iris Drive Conyers, Georgia 30207 (404) 929-3350 182 JOURNAL OF THE SENATE Georgians Against Smoking Pollution Chip Spradley P.O. Box 450981 Atlanta, Georgia 30345 (404) 669-8354 GRTL (Fayette County Chapter) Pennee J. Rowland 683 Gingercake Rd. Fayetteville, Georgia 30214 (404) 461-0423 Homeless Drug Abusers Rev. O.J. Kinard P.O. Box 3384 Atlanta, Georgia 30302 (404) 577-9213 IBM Corporation Ann W. Cramer Suite 3145 1201 W. Peachtree St. Atlanta, Georgia 30367-1200 (404) 877-6660 Jaycees William Revis Phoenix Center P.O. Box 666 Atlanta, Georgia 30349 (404) 333-9701 League of Women Voters of Ga. Tina Crawford 1104 Northlake Mall Atlanta, Georgia 30345 (404) 496-0821 Life Worthy of Life David Shore 5120 Hensley Drive Dunwoody, Georgia 30338 (404) 394-9691 Magistrate Court of DeKalb County Judge David Wood 129 DeKalb Public Safety Bldg. 4400 Memorial Drive Decatur, Georgia 30032 (404) 294-2150 Nat. Assoc. for the Advancement of Colored People Earl T. Shinhoster 970 M.L. King Jr. Drive Atlanta, Georgia 30314 (404) 688-8868 National Organization for the Reform of Marijuana Laws James Bell P.O. Box 821 Lithia Springs, Georgia 30057 (404) 739-1870 Ron Williams P.O. Box 821 Lithia Springs, Georgia 30057 (404) 739-1870 New-Joy, Inc. Rev. O.J. Kinard P.O. Box 3384 Atlanta, Georgia 30302 (404) 577-9213 Private Rehabilitation Providers of Georgia Vicki J. Sadler P.O. Box 928 Snellville, Georgia 30278 (404) 979-9785 Private Rehabilitation Suppliers of Ga. David Goudelock P.O. Box 941670 Atlanta, Georgia 30341 (404) 908-1012 Private Rehabilitation Suppliers of Georgia Don Decolaines P.O. Box 2471 Augusta, Georgia 30903 (404) 650-9337 Nan W. Golden ICR&R 337 S. Milledge Ave., Suite 116 Athens, Georgia 30601 (404) 353-0119 Lynn Smith Long P.O. Box 2291 Lilburn, Georgia 30226 (404) 564-0453 Pro Family Pennee J. Rowland 683 Gingercake Rd. Fayetteville, Georgia 30214 (404) 461-0423 Procter & Gamble Clifford D. Woods P.O. Box 238 Oglethorpe, Georgia 31068 (912) 472-2527 MONDAY, FEBRUARY 3, 1992 183 Professional Assoc. of Ga. Educators Robert E. Priestley 3700 B Market Street Cterkston, Georgia 31408 (404) 292-7243 Professional Association of Ga. Educators Carol Ash Bradley 115 Pheasant Drive Marietta, Georgia 30067 (404) 988-9853 Martha S. Grindle Rt. 5 Box 5014 Cleveland, Georgia 30528 (404) 865-3514 Marie D. Mitchell 715 McLendon Street Ashburn, Georgia 31714 (912) 567-2387 Melba M. Priestley 3700 B Market Street Clarkston, Georgia 30021 (404) 292-7243 Public Assistance Coalition R. Khan McClellan 201 Washington Street 3rd Floor Atlanta, Georgia 30303 (404) 567-4103 Schering Corporation Betsy Brown 2228 Major Loring Way Marietta, Georgia 30064 (404) 590-7327 Secretary of State Ethics Committee H. Wayne Howell P.O. Box 127 Fayetteville, Georgia 30214 (404) 460-9600 Sierra Club Susan Holland 1809 Walthall Drive Atlanta, Georgia 30311 (404) 351-6675 Sheet Metal Workers Local Union #85 Othal T. Davis, Jr. 1838 Stewart Avenue, S.W. Atlanta, Georgia 30315 (404) 758-2689 James E. Marshall 1838 Stewart Avenue, S.W. Atlanta, Georgia 30315 (404) 758-2689 Shell Chemical Company Neil H. Buckingham P.O. Box 60193 Room 1536 New Orleans, Louisiana 70160 (504) 588-8000 Shell Offshore Inc. Neil H. Buckingham P.O. Box 60193 Room 1536 New Orleans, Louisiana 70160 (504) 588-8000 Shell Oil Company Neil H. Buckingham P.O. Box 60193 Room 1536 New Orleans, Louisiana 70160 (504) 588-8000 Shell Pipeline Corporation Neil H. Buckingham P.O. Box 60193 Room 1536 New Orleans, Louisiana 70160 (504) 588-8000 Shell Western E&P Inc. Neil H. Buckingham P.O. Box 60193 Room 1536 New Orleans, Louisiana 70160 (504) 588-8000 Sierra Club Lock Dethero 1234 Druid Oaks Atlanta, Georgia 30329 (404) 634-9574 Trust Company Bank Frank M. Deaver Trust Company Bank 25 Park Place Atlanta, Georgia 30302 (404) 588-7373 Wachovia Bank of Ga., N.A. John P. Stevens 2 Peachtree Street, N.W. Atlanta, Georgia 30383 (404) 332-6428 Wachovia Corporation John P. Stevens 2 Peachtree Street, N.W. Atlanta, Georgia 30383 (404) 332-6428 184 JOURNAL OF THE SENATE Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334-1505 January 31, 1992 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Sir: I am transmitting to you herewith a certified list of those persons who have registered in the Docket of Legislative Appearance for the 1992 Session of the General Assembly for the week ending January 31, 1992. The list contains the numbers 1336 through 1387. We have voided 16 entries, leaving a total of 35 registered this week. We have 1074 total registered. Most sincerely, /s/ Max Cleland Secretary of State State of Georgia Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearances as of January 31, 1992, in accordance with Georgia Law 1970, page 695; as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 31st day of January, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (SEAL) /s/ Max Cleland SECRETARY OF STATE Administrative Office of the Courts Dorothy Toth Beasley 402 State Judicial Building Atlanta, Georgia 30334 (404) 656-3457 Atlanta Clergy & Laity Concerned Sandra C. Mershon 222 East Lake Drive Decatur, Georgia 30030 (404) 377-6516 Atlanta Healthcare Alliance Walker McCone 1575 Northside Drive Suite 250 Atlanta, Georgia 30318 (404) 350-4300 Boehringer Ingelheim Pharmaceuticals Inc. William H. Burt 8341 Merrymount Dr. Nashville, Tennessee 37221 (615) 646-6034 Child Support Asst. D.A. Legislative Committee Angela Arkin Byne 125 Kirker Street Ellijay, Georgia 30540 (404) 276-2364 Children & Youth Coordinating Council Viki E. Staley 938 Peachtree Street Atlanta, Georgia 30309 (404) 876-7535 MONDAY, FEBRUARY 3, 1992 185 Council of Juvenile Court Judges M.C. Pritchard 814 Church Street Waycross, Georgia 31501 (912) 285-7388 Council of Magistrate Court Judges Alan C. Harvey 309 Sycamore Street Decatur, Georgia 30030 (404) 373-4562 Court of Appeals of Georgia Dorothy Toth Beasley 402 State Judicial Building Atlanta, Georgia 30334 (404) 656-3457 Dare-Disable Americans Rallying for Equality Millie Carrier 8352 Highland Dr. Hiram, Georgia 30141 (404) 489-1826 Ga. Alliance for Children, Inc. Rick McDevitt 34 Peachtree Street Suite 2180 Atlanta, Georgia 30303 (404) 588-0708 Ga. Chamber of Commerce James S. Stokes One Atlantic Center 1201 W. Peachtree Street Atlanta, Georgia 30309-3424 (404) 881-7294 Ga. Psychological Association Robert B. Remar #900 133 Carnegie Way, NW Atlanta, Georgia 30303 (404) 688-4000 Ga. Public Service Commission Al Hatcher 1007 Virginia Avenue Suite 310 Hapeville, Georgia 30354 (404) 559-6600 Ga. State Pest Control Association C.L. Parker P.O. Box 2126 Acworth, Georgia 30101 (404) 974-0166 General Electric Corporation James S. Stokes One Atlantic Center 1201 W. Peachtree Street Atlanta, Georgia 30309-3424 (404) 881-7294 Georgia Cattlemens' Association Glenn Smith P.O. Box 11307 Macon, Georgia 31212 (912) 474-6560 Georgia Chamber of Commerce Dave Gladney 233 Peachtree Street Suite 200 Atlanta, Georgia 30303 (404) 223-2271 Georgia Citizens for the Arts Carolyn Brinson Barbree Box 698 Brinson, Georgia 31725 (912) 246-3335 Georgia Council for Children's Rights Ginger Booton 3122 Enfield Point Marietta, Georgia 30068 (404) 565-6037 Georgia Education Association Carolyn Brinson Barbree Box 698 Brinson, Georgia 31725 (912) 246-3335 Georgia Judicial Branch Dorothy Toth Beasley 402 State Judicial Building Atlanta, Georgia 30334 (404) 656-3457 Georgia Peace Officer Standards and Training Council Frankie H. Loworn 351 Thornton Road Suite 119 Lithia Springs, Georgia 30057 (404) 739-5217 Georgia PTA Nancy H. Jackson P.O. Box 816 Griffin, Georgia 30224 (404) 228-1569 Frances Smith 1402 Oakview Drive Griffin, Georgia 30224 (404) 228-0942 186 JOURNAL OF THE SENATE Georgia Public Communications Association Richard J. Dewitt 100 Hartsfield Centre Parkway Suite 400 Atlanta, Georgia 30354 (404) 209-8445 Barry Selvidge 1150 North Meadow Parkway Suite 118 Roswell, Georgia 30076 (404) 751-0052 Jeanie Ray 100 Hartsfield Centre Parkway Suite 400 Atlanta, Georgia 30354 (404) 209-0945 Newton M. Galloway 101 S. Hill Street Griffin, Georgia 30224 (404) 227-9456 Andrew J. Whalen, III 101 S. Hill Street Griffin, Georgia 30224 (404) 227-9456 Georgia Public Service Commission Al Hatcher 1007 Virginia Ave. Suite 310 Hapeville, Georgia 30354 (404) 559-6600 Institute of Continuing Judicial Education Dorothy Toth Beasley 402 State Judicial Building Atlanta, Georgia 30334 (404) 656-3457 L & R Marketing & Consulting Firm Nora Reese-Laughlin P.O. Box 201 Warner Robins, Georgia 31093 (404) 444-5230 Lennard and Rychlik Richard M. Dieter, M.D. 4024 Cumberland Glen Lane Smyrna, Georgia 30080 (404) 348-9567 Mercy Health Services of the South Gail Scarboro 1100 Johnson Ferry Road, N.E. Suite 510 Atlanta, Georgia 30342-1701 Paula Smith 1100 Johnson Ferry Road, N.E. Suite 510 Atlanta, Georgia 30342-1701 Oxendine and Associates, P.C. John W. Oxendine 2230 Scenic Hwy. Suite 2000 Snellville, Georgia 30278 (404) 978-4022 Saint Joseph's Hospital John W. Oxendine 2230 Scenic Hwy. Suite 2000 Snellville, Georgia 30278 (404) 978-4022 South Fulton Retired Teachers Association Alice Holmes Washington 1848 Calloway Dr., N.W. Atlanta, Georgia 30314 (404) 792-8645 Subsequent Injury Trust Fund Anne D. Burnett Two Northside 75 Suite 124 Atlanta, Georgia 30318-7784 (404) 352-6060 Urban Study Institute, Inc. Carol Ann Dalton 100 Edgewood Ave., NE Suite 1228 Atlanta, Georgia 30303 (404) 523-8274 Those serving as doctor of the day while the General Assembly was in recess were as follows: January 21 - Dr. Joy A. Maxey of Atlanta, Georgia. January 22 - Dr. James Maughon of Atlanta, Georgia. January 23 - Dr. Jack Bleich of Atlanta, Georgia. January 24 - Dr. Jack Bleich of Atlanta, Georgia. January 27 - Dr. Jack Bleich of Atlanta, Georgia. January 28 - Dr. James C. Metts, Jr. of Savannah, Georgia. January 29 - Dr. Kathy Easterling of Atlanta, Georgia. MONDAY, FEBRUARY 3, 1992 187 January 30 - Dr. Tom Anderson of Atlanta, Georgia. January 31 - J.R.B. Hutchinson of Tucker, Georgia. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th P, on Seman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hm Hooks *^TM Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Those not answering were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg J,ate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Gillis Langford Phillips Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Garner of the 30th introduced the chaplain of the day, Reverend Gary Law rence, pastor of the First United Methodist Church, Carrollton, Georgia, who offered scrip ture reading and prayer. The following resolutions of the Senate were read and adopted: SR 388. By Senator Dean of the 31st: A resolution expressing sympathy at the passing of Honorable George Talmadge Bagby. SR 390. By Senator Hammill of the 3rd: A resolution congratulating the First African Baptist Church of Brunswick, Georgia. 188 JOURNAL OF THE SENATE SR 391. By Senator Hammill of the 3rd: A resolution congratulating Mrs. Lucille Armstrong. SR 393. By Senator Tysinger of the 41st: A resolution commending William M. Evans, Sr. SR 394. By Senator Garner of the 30th: A resolution commending Lois Dix Simmons. SR 395. By Senator Garner of the 30th: A resolution commending Mrs. Ollie Pendley. SR 396. By Senator Garner of the 30th: A resolution recognizing and declaring "Women's Day at the Capitol". SR 397. By Senator Baldwin of the 29th: A resolution commending the LaGrange High School football team. SR 398. By Senators Garner of the 30th, Hammill of the 3rd, Hill of the 4th and others: A resolution congratulating Lieutenant Governor Pierre Howard on the occasion of his birthday. SR 400. By Senator Walker of the 43rd: A resolution welcoming the Reverend Jerry D. Black. SR 401. By Senator Johnson of the 47th: A resolution commending Mr. Lynwood Hall upon his selection as Artist of the Year by the Georgia Citizens for the Arts. SR 402. By Senator Foster of the 50th: A resolution commending and recognizing Mr. Gary D. Field. SR 403. By Senator Pollard of the 24th: A resolution honoring Miss Mary Elizabeth Sanders. SR 404. By Senator Ramsey of the 54th: A resolution commending Mr. Wallace Hall. SR 405. By Senator Walker of the 22nd: A resolution commending the Georgia Recreation and Parks Association. The following uncontested bills of the House, favorably reported by the committee as listed on the Senate Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Monday, February 3, 1992 SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) MONDAY, FEBRUARY 3, 1992 189 HB 1100 Pollard, 24th McDUFFIE COUNTY A bill to provide that vehicles shall be registered and licensed to operate. HB 1108 Timmons, llth RANDOLPH COUNTY A bill to amend an Act creating the Board of Commissioners. HB 1128 Baldwin, 29th HARRIS COUNTY A bill to amend an Act placing the coroner upon a monthly salary. *HB 1163 Pollard, 24th OGLETHORPE COUNTY A bill to amend an Act providing for the election of members of the Board of Education. (AMENDMENT) *HB 1164 Pollard, 24th OGLETHORPE COUNTY A bill to amend an Act creating a Board of Commissioners. (AMENDMENT) The amendments to the following bills were put upon their adoption: *HB1163: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1163 by striking from line 1 of page 2 the following: ", 675", and by inserting at the end of line 3 of page 3 after the numeral "656" the following: ", 675". On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted. *HB 1164: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1164 by striking from line 29 of page 1 the following: ", 675", and by inserting at the end of line 57 of page 2 after the numeral "656" the following: ", 675". On the adoption of the amendment, the yeas were 49, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: 190 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Egan Henson Langford Perdue Shumake Thompson Walker of 43rd On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1163 and HB 1164, having received the requisite constitutional majority, were passed. HB 1163 and HB 1164, having received the requisite constitutional majority, were passed as amended. SENATE CALENDAR Monday, February 3, 1992 SIXTH LEGISLATIVE DAY SB 512 Housing Trust Fund for Homeless Commission--deed in lieu of foreclosure (B&FI--8th) SB 513 Housing and Finance Authority--clarify certain powers (B&FI--8th) SB 519 Dairy Products--delete surety bond required of agricultural product dealer (Ag--21st) SB 520 Agriculture, Operations, Farm Products, Crops--redefine in Official Code of Georgia Annotated (Ag--21st) SB 521 Agricultural Liming Materials--regulate sale, distribution (Ag--21st) SR 363 Milledgeville--conveyance of certain state owned property (F&PU--25th) SR 364 Baldwin County--conveyance of certain state owned property (F&PU--25th) SR 369 Cobb County--conveyance of certain state owned property (F&PU--33rd) HB 451 Refusal to Submit to Chemical Test--license suspension (Substitute) (S Judy--28th) SB 10 City Water Service--no denial when arrears by former occupant (Substitute) (F&PU--39th) SB 460 Georgia Food Act--exclude certain establishments (C Aff--34th) MONDAY, FEBRUARY 3, 1992 191 HB 318 Postsecondary Educational Institutions--fees (H Ed--3rd) HB 708 Bonded Hunting, Fishing Licensing Agent--self-insurance fund as to embezzle ment (Nat R--20th) The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 512. By Senator Turner of the 8th: A bill to amend Article 5 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to the State Housing Trust Fund for the Homeless Commis sion, so as to change and clarify certain powers of the commission; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th 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 Perry Phillips Pollard Those not voting were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Bishop Burton Langford Perdue Shumake Thompson On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Marable of the 52nd introduced the doctor of the day, Dr. Dee Russell, of Rome, Georgia. 192 JOURNAL OF THE SENATE The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SB 513. By Senator Turner of the 8th: A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia Housing and Finance Authority, so as to change and clar ify certain powers of the authority; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th 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 Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Langford Shumake Starr Taylor On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 519. By Senator English of the 21st: 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 to delete dairy products from such definition; to provide who shall be required to post bond; to change an exception. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th MONDAY, FEBRUARY 3, 1992 193 Brown of 26th Burton Clay - Coleman Collins Dawkins Deal DEcehaonls Edge Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd MMoayraeble Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Tavlor T,,,hoympson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Garner Henson Langford Phillips Ramsey Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 520. 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 of terms used in the Official Code of Georgia Annotated and in other laws of this state, so as to change the definitions of agriculture, agricultural operations, agricultural or farm products, crops, and growing crops; to provide that such definitions shall not apply to certain provisions of the Offi cial Code of Georgia Annotated or other laws; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Echols Edge English Foster Garner Gillis Hammill Harris Hasty Hill Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White 194 JOURNAL OF THE SENATE Those not voting were Senators: Dean Egan Henson Hooks Langford Robinson Shumake Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 521. By Senator English of the 21st: A bill to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to prohibit certain acts or practices and provide for penalties. Senator English of the 21st moved that SB 521 be committed to the Senate Committee on Agriculture. On the motion, the yeas were 34, nays 0; the motion prevailed, and SB 521 was commit ted to the Senate Committee on Agriculture. SR 363. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in the City of Milledgeville, Baldwin County, Georgia; to provide an effec tive date. 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 Bishop Bowen Broun of 46th Brown of 26th BCluaryton Coleman CDoelallins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill HHouogkgsins Johnson KMiadrdable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott gtarr 0St, onb, erg 4T>hoylmorpson Timmons Turner Walker of 22nd Walker of 43rd White MONDAY, FEBRUARY 3, 1992 195 Those not voting were Senators: Dawkins _ Henson Langford Newbill Shumake Tysinger On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Taylor of the 12th, pursuant to SR 385 adopted previously, welcomed and in troduced, in conjunction with Albany Day at the State Capitol, Jay Eck, Head Coach of the Albany Sharpshooters Basketball Team; James Griffin, Chairman of the Albany/Dougherty County Chamber of Commerce; Gil Barrett, County Commission Chairman; and Paul Keenan, Mayor of the City of Albany, who briefly addressed the Senate. Lieutenant Governor Howard introduced Honorable J. Robert "Bob" Kerrey, a United States Senator from Nebraska and a Democratic candidate for President of the United States, who briefly addressed the Senate. The following general resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption: SR 364. By Senator Kidd of the 25th: A resolution authorizing the conveyance of certain state owned real property lo cated in Baldwin County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal Henson Langford Newbill Shumake Starr Thompson Walker of 43rd On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 196 JOURNAL OF THE SENATE SR 369. By Senator Thompson of the 33rd: A resolution authorizing and directing the conveyance of certain state-owned property located in Cobb County, Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th English Foster Garner Gillis Hammill Harris Hasty ^ClUarytn Coleman Collins Dawkins Deal Dean Echols Edge Egan 5HoiUokv s Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Robinson Scott Starr TStaetienberg laylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Henson Langford Ramsey Ray Shumake Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Special Judiciary, and favorably reported by the committee, was put upon its passage: 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. Senate Sponsor: Senator Edge of the 28th. The Senate Committee on Special Judiciary offered the following substitute to HB 451: A BILL To be entitled an Act 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; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 3, 1992 197 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. 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, is amended by adding a new subsection, to be desig nated subsection (g), to read as follows: "(g) As used in this Code section, the term 'traffic accident which resulted in serious injuries or fatalities' means any motor vehicle accident in which a person was killed or in which one or more persons suffered a fractured bone, severe burns or lacerations, disfigure ment, dismemberment, partial or total loss of sight or hearing, or loss of consciousness or were transported from the scene of the accident to a hospital." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Dawkins of the 45th offered the following amendment: Amend the substitute to HB 451 offered by the Senate Committee on Special Judiciary by striking from third "or" on line 20 to "hospital" on line 22, and put a period after word "consciousness". On the adoption of the amendment offered by Senator Dawkins of the 45th, the yeas were 36, nays 1, and the amendment was adopted. Senator Edge of the 28th offered the following amendment: Amend the substitute to HB 451 offered by the Senate Committee on Special Judiciary by striking on page 1, line 15, the words "which resulted" and inserting in lieu thereof the word "resulting". On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill 5ooks Huggms Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg TM a* Z,aylor Ihompson Timmons Turner Tysinger Walker of 22nd White 198 JOURNAL OF THE SENATE Those not voting were Senators: Albert Henson Langford Phillips Shumake Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, having been read the third time on January 13, 1992, and committed to the Senate Committee on Finance and Public Utilities, favorably reported by the committee, and postponed on January 15 until February 3, was put upon its passage: SB 10. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user. Senator Johnson of the 47th moved that SB 10 be postponed until Friday, February 7. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 10 was post poned until Friday, February 7. The following general bill of the Senate, having been read the third time on January 17, 1992, and postponed until February 3, was put upon its passage: SB 460. By Senator Moye of the 34th: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to change cer tain definitions so as to exclude certain food establishments from regulation. Senator Moye of the 34th offered the following substitute to SB 460: A BILL To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards, labeling, and adulteration of food, so as to change certain definitions so as to exclude certain food establishments from certain regulations; to authorize counties and mu nicipalities to issue permits for the operation of nonprofit food sales and food service; to define certain terms; to provide minimum requirements applicable to nonprofit food sales and food service to protect the health and welfare of the public; to prohibit the sales of certain foods at certain events; to provide for enforcement; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, is amended by striking paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions in the "Georgia Food Act," and inserting in its place the following: "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants MONDAY, FEBRUARY 3, 1992 199 which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores and places of business, and similar establishments, mobile or permanent, engaged in the sale of food pri marily for consumption off the premises. This term shall not include 'food service establish ments' as denned in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival whicE (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 48 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted." Section 2. Said chapter is further amended by striking paragraph (1) of Code Section 26-2-370, relating to definitions regarding food service establishments, and inserting in its place the following: "(1) 'Food service establishment' means establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products. The term includes restaurants; coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places which manufacture, wholesale, or retail sandwiches or salads; soda foun tains; institutions, both public and private; food carts; itinerant restaurants; industrial cafe terias; catering establishments; food vending machines and vehicles and operations con nected therewith; and similar facilities by whatever name called. The term 'food service establishment' shall not mean a 'food sales establishment,' as defined in Code Section 26-221, which does not provide seating or facilities for consumption of food on the premises. This term also shall not mean establishments for the preparation and serving of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products if such prepara tion or serving is an authorized part of and occurs upon the site of a fair or festival which: (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-27 (B) Lasts 48 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted." Section 3. Said chapter is further amended by adding following Article 13 a new Article 14 to read as follows: "ARTICLE 14 26-2-390. As used in this article, the term: (1) 'Nonprofit food sales and food service' means the temporary sale or service of food items by an organization at an event sponsored by a county, municipality, or organization. (2) 'Organization' means an organization exempt from taxes under paragraph (1) of sub section (a) of Code Section 48-7-25 and under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501 (c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2. 26-2-391. A county or municipality shall be authorized to issue permits for the opera tion of nonprofit food sales and food service at events sponsored by the county, municipal ity, or an organization. A permit shall be valid for a period of 48 hours or less and another 200 JOURNAL OF THE SENATE permit shall not be issued to the organization holding such permit until five days have elapsed from the date of the expiration of the permit. 26-2-392. (a) This Code section applies to food items prepared and offered for sale by organizations at events covered under this article. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. The use of food in hermetically sealed containers that was not prepared in a licensed food processing establishment is prohibited. (b) At all times, including while being stored, prepared, displayed, served, or trans ported, food shall be protected from potential contamination, including dust, insects, ro dents, unclean equipment and utensils, unnecessary handling, flooding, drainage, and over head leakage or overhead drippage from condensation. The temperature of potentially hazardous food shall be either 45 degrees Fahrenheit or below or 140 degrees Fahrenheit or above at all times. (c) The preparation of the following potentially hazardous foods is prohibited: (1) Pastries filled with cream or synthetic cream; (2) Custards; (3) Products similar to the products listed in paragraphs (1) and (2) of this subsection; or (4) Salads containing meat, poultry, eggs, or fish. (d) Frozen desserts shall only be produced using commercially pasteurized mixes or ingredients. Suitable utensils must be provided to eliminate hand contact with the cooked product. All utensils and equipment shall be cleaned periodically as necessary to prevent a buildup of food. (e) Ice that is consumed or that contacts food shall be from an approved source and protected from contamination until used. Ice used for cooling stored food shall not be used for human consumption. Food shall be served in an individual-meal type of container and handed to the customer. Food items shall not be transported for sale at any other location or sold, held, or reused at another event. (f) This Code section shall in no way be construed to allow the sale of food items which have been packaged, bottled, or canned in unapproved facilities. 26-2-393. The county or municipality issuing a permit for the operation of a nonprofit food sales and food service event shall be authorized to enforce the provisions of this article." Section 4. 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 President announced that, pursuant to Senate Rule 143, consideration of SB 460 would be suspended until the next meeting day of the Senate, Tuesday, February 4. The following general bill of the House, having been read the third time on January 13, MONDAY, FEBRUARY 3, 1992 201 1992, and committed to the Senate Committee on Higher Education, favorably reported by the committee, and postponed on January 16 until February 3, was put upon its passage: HB 318. By Representative Herbert of the 76th: A bill to amend Code Section 20-3-250.11 of the Official Code of Georgia Anno tated, relating to fees and their collection, so as to change the provisions relative to fees. Senate Sponsor: Senator Hammill of the 3rd. Senator Hammill of the 3rd, moved that HB 318 be postponed until Thursday, Febru ary 6. On the motion, the yeas were 36, nays 0; the motion prevailed, and HB 318 was post poned until Thursday, February 6. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Natural Resources, favorably reported by the committee, and postponed on January 16 until February 3, was put upon its passage: HB 708. By Representatives Balkcom of the 140th, McKelvey of the 15th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Code Section 27-2-2 of the Official Code of Georgia Annotated, relating to the issuance and sale of hunting, fishing, and trapping licenses, so as to permit the establishment of a self-insurance fund as to the defalcation of bonded license agents. 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: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th CoUins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hm Hooks ^nson Kldd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Stemberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Albert Coleman Henson Langford Shumake Walker of 22nd Walker of 43rd 202 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 12:34 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. TUESDAY, FEBRUARY 4, 1992 203 Senate Chamber, Atlanta, Georgia Tuesday, February 4, 1992 Seventh Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1112. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating the office of commissioner of Catoosa County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners. HB 1173. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected. HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. HB 1257. By Representatives Bostick of the 138th and Carter of the 146th: A bill to provide a new charter for the City of Ty Ty. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 737. By Representative Balkcom of the 140th: A resolution expressing regret at the passing of Mr. Hugh D. Broome. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 568. By Senator Garner of the 30th: A bill to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veter ans, so as to provide that a veteran who is otherwise eligible for a free license 204 JOURNAL OF THE SENATE plate as a result of disability shall qualify for a free license plate if such veteran owns or jointly with his or her spouse owns the motor vehicle. Referred to Committee on Public Safety. SB 569. By Senator Garner of the 30th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide that 25 percent of money forfeited or $75,000.00 maximum shall be paid to any person, other than a law enforcement officer, furnishing information which leads to the seizure of property. Referred to Committee on Judiciary. SB 570. By Senator Hasty of the 51st: A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act," as amended, so as to change the provisions relating to the num ber and time of regularly scheduled meetings. Referred to Committee on Urban and County Affairs. SB 571. By Senator Foster of the 50th: A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements used in the Quality Basic Education Formula, so as to provide that the program weights when multiplied by the base amount shall include funds to cover the costs of media center computer hardware and software. Referred to Committee on Education. SB 572. By Senator Ramsey of the 54th: A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Anno tated, relating to police investigation of incidents of family violence, so as to add to the factors for consideration in determining the primary physical aggressor the fear inflicted on another person; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to relief from family violence to be granted by superior courts, so as to change the definition of "family violence". Referred to Committee on Judiciary. SB 573. By Senator Ramsey of the 54th: A bill to amend Code Section 27-3-1 of the Official Code of Georgia Annotated, relating to permission to hunt on the lands of another, so as to provide for dis missal of the charge of hunting upon the lands of another without permission under certain circumstances. Referred to Committee on Judiciary. SB 574. By Senator Ramsey of the 54th: A bill to amend an Act creating the office of commissioner of Murray County, as amended, so as to change the composition of the commission districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances. Referred to Committee on Urban and County Affairs. TUESDAY, FEBRUARY 4, 1992 205 SB 575. By Senator Ramsey of the 54th: A bill to amend an Act placing the coroner of Murray County on an annual sal ary, as amended, so as to change provisions relating to the compensation of the deputy coroner; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 576. By Senator Ramsey of the 54th: A bill providing for the appointment of the School Superintendent of Murray County by the Board of Education of Murray County; to provide for a referendum. Referred to Committee on Urban and County Affairs. SB 577. By Senators Clay of the 37th and Thompson of the 33rd: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for the qualifica tions of the commissioners; to change the compensation of the chairman of the board of commissioners; to provide when this Act shall be void and repealed. Referred to Committee on Urban and County Affairs. SB 578. By Senator Edge of the 28th: A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given; to provide an effective date. Referred to Committee on Governmental Operations. SB 579. By Senator Edge of the 28th: 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 to persons completing de fensive driving courses or alcohol or drug programs, so as to change the provi sions relating to reduction of an accumulated point count upon completion of a course; to change certain time limits. Referred to Committee on Judiciary. SB 580. By Senators Edge of the 28th and Collins of the 17th: A bill to amend Chapter 6 of Title 46 of the Official Code of Georgia Annotated, known as the "Georgia Radio Utility Act," so as to provide for the powers of the Public Service Commission; to provide for the combination of two or more ser vice areas; to provide for the authority of radio utilities. Referred to Committee on Finance and Public Utilities. SB 581. By Senator Edge of the 28th: A bill to amend Article 2 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to the jurisdiction, powers, and duties of the Public Service Commission, so as to prohibit the splitting of certain counties between telephone area codes when new area codes are established; to provide that certain areas shall remain within an existing area code when a new area code is established; to provide an effective date. Referred to Committee on Finance and Public Utilities. 206 JOURNAL OF THE SENATE SB 582. By Senator Kidd of the 25th: A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to regulate advertising in which the terms "debt consolidation," "debt relief," or similar terms are used; to provide a penalty for any person violating such regulations; to provide an ef fective date. Referred to Committee on Governmental Operations. SB 583. By Senator Starr of the 44th: A bill to amend Code Section 36-62-2 of the Official Code of Georgia Annotated, relating to definitions relative to development authorities, so as to change the definition of "project". Referred to Committee on Judiciary. SB 584. By Senator Baldwin of the 29th: A bill to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions regarding foreclosure, so as to require certain advertisements and affidavits to be attached to and recorded with certain deeds under power; to provide an effective date. Referred to Committee on Judiciary. SB 585. By Senators Tate of the 38th, Scott of the 36th, Egan of the 40th and others: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment of local housing authority commissioners, so as to provide that in counties having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, the resident commissioner shall be a voting member of the authority; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 586. By Senators Garner of the 30th, Kidd of the 25th, Taylor of the 12th and others: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program with respect to state health planning, so as to change the provisions relating to the Health Planning Review Board and judicial review of agency decisions; to provide for the consoli dation of multiple petitions for judicial review; to provide an effective date. Referred to Committee on Health and Human Services. SB 587. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide a state ment of legislative purpose; to define certain terms; to provide for the creation of a State Interagency Council and for matters relative thereto; to provide duties of the State School Superintendent; to provide duties of the State Board of Educa tion; to provide for the grant of funds and for matters relative thereto. Referred to Committee on Education. SB 588. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a program of community education and development grants; to authorize the De partment of Education to make grants to local boards of education for certain TUESDAY, FEBRUARY 4, 1992 207 programs and activities; to repeal Article 7 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to community education and development. Referred to Committee on Education. SB 589. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Article 3 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited conduct on premises licensed to dispense alco holic beverages, so as to provide that it shall be unlawful for certain persons employed to work in any such licensed premises to consume any alcoholic bever ages on the premises during such employee's hours of employment. Referred to Committee on Consumer Affairs. SB 590. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to planning and development, so as to change the composi tion of the Governor's Development Council; to modify the powers and duties of such council; to assign the council to the Department of Community Affairs for administrative purposes; to provide for technical support to the council; to pro vide for related matters; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 591. By Senator Dawkins of the 45th: A bill to amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to conditions of employment for teachers and other school personnel, so as to affirm the entitlement and discre tion vested in local units of administration to provide payroll deduction services for public school personnel employed by the school system. Referred to Committee on Education. SB 592. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person to manufacture, distribute, dispense, or possess with in tent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property of any publicly owned or publicly operated park, recreation facility, community center, or housing project; to provide penalties. Referred to Committee on Special Judiciary. SB 593. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to the possession, manufacture, and distribution of controlled substances or marijuana and penalties related thereto, so as to make it unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana. Referred to Committee on Special Judiciary. SB 594. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to proof in general, so as to provide for blood samples for DNA analysis upon conviction of certain sex offenses; to provide the procedures for the with drawal of blood samples; to provide the procedures for conducting DNA analysis 208 JOURNAL OF THE SENATE of blood samples; to provide for a DNA data bank exchange system; to provide the penalties for any unauthorized uses of the DNA data bank and forensic Referred to Committee on Special Judiciary. SB 595. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to create the Georgia Emergency Man agement Agency as a separate agency and successor to the Emergency Manage ment Division, Department of Defense; to provide for the director of emergency management; to assign the agency to the Office of Planning and Budget for ad ministrative purposes only; to abolish the position of executive director of emer gency management. Referred to Committee on Defense and Veterans Affairs. SB 596. By Senator Edge of the 28th: A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses upon conviction of certain offenses and conditions to the return of a license, so as to change the provisions relating to the conditions for the return of a license upon a second conviction of violating Code Section 40-6-391 within five years. Referred to Committee on Special Judiciary. SB 597. By Senator Egan of the 40th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in govern ment service and the disclosure of campaign contributions and expenditures; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain provisions relating to lobbying; to provide an effective date. Referred to Committee on Ethics. SR 399. By Senator Foster of the 50th: A resolution encouraging the establishment of a warranty for graduates of college preparatory programs in Georgia high schools. Referred to Committee on Education. SR 406. By Senators Tate of the 38th, Brown of the 26th, Scott of the 36th and others: A resolution creating the Senate Study Committee on Noncertificated School Personnel. Referred to Committee on Rules. SR 407. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, and Washing ton counties, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. TUESDAY, FEBRUARY 4, 1992 209 SR 408. By Senators Hammill of the 3rd and Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 409. By Senators Ramsey of the 54th and Steinberg of the 42nd: A resolution creating the Senate Firefighter Training Study Committee. Referred to Committee on Rules. SR 410. By Senator Muggins of the 53rd: A resolution honoring Mr. James L. Clarkson and designating the James L. Clarkson Memorial Highway. Referred to Committee on Transportation. The following bills of the House were read the first time and referred to committees: HB 1112. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to amend an Act creating the office of commissioner of Catoosa County, so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1173. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act reconstituting the Board of Education of Jones County, so as to change the composition of education districts from which members are elected. Referred to Committee on Urban and County Affairs. HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. Referred to Committee on Urban and County Affairs. HB 1257. By Representatives Bostick of the 138th and Carter of the 146th: A bill to provide a new charter for the City of Ty Ty. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 555. Do pass. Respectfully submitted, Senator Perry of the 7th District, Chairman 210 JOURNAL OF THE SENATE Mr. President: The Committee on Governmental Operations has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 490. Do pass by substitute. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 491. Do pass. SB 542. Do pass. SB 524. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 408. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Reapportionment has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 566. Do pass by substitute. SB 567. Do pass by substitute. Respectfully submitted, Senator Walker of the 43rd District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 516. Do pass. SB 525. Do pass by substitute. TUESDAY, FEBRUARY 4, 1992 211 SB 528. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinbere _ i, , Jaylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Clay Newbill Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Huggins of the 53rd introduced the chaplain of the day, Mr. J. L. Sharp, re tired Army chaplain and interim pastor of Walnut Grove Baptist Church, Summerville, Georgia, who offered scripture reading and prayer. The following resolution of the House was read and adopted: HR 737. By Representative Balkcom of the 140th: A resolution expressing regret at the passing of Mr. Hugh D. Broome. Senator Garner of the 30th introduced Mrs. Ollie Pendley, National Cosmetology Teacher of the Year for 1991, having been commended by SR 395, adopted previously, who briefly addressed the Senate. Senator Johnson of the 47th introduced several members from the group Georgia Citi zens for the Arts, commended by SR 386, adopted previously, and Mr. Lynwood Hall, who was commended by SR 401, adopted previously, as Artist of the Year by the Georgia Citi zens for the Arts, who briefly addressed the Senate. 212 JOURNAL OF THE SENATE SENATE CALENDAR Tuesday, February 4, 1992 SEVENTH LEGISLATIVE DAY SB 460 Georgia Food Act--exclude certain establishments (Substitute) (C Aff--34th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 3, 1992.) SB 47 Probate Court Judges Retirement Fund--cost-of-living benefits (Ret--25th) SB 60 Probate Court Judges Retirement Board of Commissioners--secretary-treasurer benefits (Ret--25th) SB 61 Probate Court Judges Retirement Board of Commissioners--employees as mem bers (Substitute) (Ret--25th) SB 108 Teachers Retirement--early retirement with 30 years (Ret--llth) SB 148 Employees', Teachers Retirement--define employee, teacher (Substitute) (Ret--15th) SB 149 Superior Court Judges Retirement--credit for certain prior service (Substitute) (Ret--15th) SB 292 Health Insurance Preferred Providers--limit number or class (Substitute) (I&L--12th) SB 337 Probate Judges Retirement--provisions on retirement eligibility (Ret--25th) SB 445 Employees' Retirement--credit for Judicial Council employment (Substitute) (Ret--24th) SB 447 Employees' Retirement--credit for certain part-time, legislative branch (Substi tute) (Ret--38th) SB 473 Search Warrants--time limit on filing complaint (Substitute) (Judy--49th) SB 474 Boat Safety Act--operating water devices under influence (Judy--49th) SB 486 State Court Judge--three year resident of state (Judy--45th) SB 487 Habitual Impaired Driving--provide for offense (Judy--45th) SB 489 Driving Under The Influence--implied consent (Judy--45th) SB 496 Sheriffs Services in Civil Cases--change fees (Gov Op--54th) SB 504 Grand Juries/Service--non English-speaking persons (S Judy--50th) SB 522 Safe Dams Act--filing of orders by Environmental Protection Division (Nat R--20th) The following general bill of the Senate, having been read the third time on January 17, 1992, and postponed until February 3, and final action suspended on February 3 until today, pursuant to Senate Rule 143, was continued upon its passage: SB 460. By Senator Moye of the 34th: A bill to amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards, labeling, and adulteration of food, so as to change cer tain definitions so as to exclude certain food establishments from regulation. The substitute to SB 460 offered by Senator Moye of the 34th on February 3, as it appears in the Journal of February 3, was automatically reconsidered and put upon its adoption. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. TUESDAY, FEBRUARY 4, 1992 213 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 of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Brown of 26th Garner Hammill Newbill Shumake 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 Ragan of the 10th introduced the doctor of the day, Dr. Charles Watts, of Thomasville, Georgia. Senator Steinberg of the 42nd introduced His Eminence Jang-tse Choe-je Riupoohe of the Drepung Loseling Monastery in Tibet who briefly addressed the Senate. The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 47. By Senator Kidd of the 25th: A bill to amend Code Section 47-11-71 of the Official Code of Georgia Annotated, relating to the amount of retirement benefits and optional retirement benefits for members of the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide that any person who is receiving benefits from the fund on January 1, 1993, or who becomes entitled to receive benefits on or after January 1, 1993, shall be paid annual cost-of-living benefits under certain conditions; to provide for the calculation of such benefits. 214 JOURNAL OF THE SENATE 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 Culver Kidd State Senator FROM: G. W. Hogan, State Auditor DATE: February 1, 1991 SUBJECT: Senate Bill 47 (LC 10 9122) Judges of the Probate Courts Retirement Fund This bill would grant an annual cost-of-living retirement benefit to each retired member of the Judges of the Probate Court Retirement Fund (including a surviving spouse) on or after January 1, 1993, not to exceed two percent regardless of the percentage increase in the Consumer Price Index. Such additional retirement benefit would not be paid in any year in which there was no percentage increase in the Consumer Price Index. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - Senate Bill 47 (LC 10 9122) Judges of the Probate Courts Retirement Fund This bill would grant an annual cost-of-living retirement benefit to each retired member of the Judges of the Probate Courts Retirement, Fund (including a surviving spouse) on or after January 1, 1993, not to exceed two percent regardless of the percentage increase in the Consumer Price Index. Such additional retirement benefit would not be paid in any year in which there was no percentage increase in the Consumer Price Index. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 1,285,000 (2) The amount of annual normal cost which will result from the bill. $ 100,000 TUESDAY, FEBRUARY 4, 1992 215 (3) The employer contribution rate currently in effect. 20% of marriage license fees, and a certain percentage of fines and forfeitures 20% of marriage license fees, and a certain percentage (4) The employer contribution rate recommended (in conformity with of fines and minimum funding standards specified in Code Section 47-20-10). forfeitures (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor MARTIN E. SEGAL COMPANY CONSULTANTS AND ACTUARIES SUITE 200 1000 PARKWOOD CIRCLE ATLANTA, GEORGIA 30339 (404) 955-4003 FAX (404) 955-0011 October 4, 1991 Honorable G. W. Hogan, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334 Re: Senate Bill 47 LC 10 9122 Dear Mr. Hogan: As requested we have made an actuarial investigation of the impact of Senate Bill 47 LC 10 9122 on the Judges of the Probate Courts Retirement Fund in accordance with the requirements of Code Section 47-20-36. This bill would provide an annual cost of living increase to retirement benefits. This increase would not exceed 2%. The cost of this proposed legislation would be $100,000 in the first year. The increase in unfunded actuarial accrued liability would be $1,285,000. The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands. 216 JOURNAL OF THE SENATE Before Legislation After Legislation Increase Due to Legislation Unfunded Actuarial Accrued Liability (8,861) (7,576) 1,285 Annual Contribution 626 626 0 Normal Cost Accrued Liability 569 8,101 669 9,386 100 1,285 Employer Contribution Rate Currently in ** ** 0 Effect Employer Contribution Rate Recommended Due to Minimum Funding Standards see concluding paragraph ** The contribution rate in effect is as follows: (a) 5% of salary up to $20,000 (b) 20% of marriage license fees (c) A certain percentage (as stated in the law) of fines and forfeitures Currently, the actuarial value of assets exceeds 150 percent of the Present Value of Accumulated Benefits (PVAB). If this bill becomes law, assets would still exceed 150 per cent of the PVAB. Therefore, the plan would continue to satisfy the funding requirements of the Georgia Public Retirement Systems Standards Law and there would be no need for increased employer contributions. Sincerely, cc: Mike Green Thomas S. Tredway, A.S.A., E.A. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin BooiswhenP fAfi^ Broun of 46th BB,,,ruorwtonn of 26th CoUins Dawkins j)eal Dean Echols Edge Egan English Foster Garner Gillis HHaarsrtivs Hengon HTHTomok, s Kusgins Johnson Kidd Langford Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd RRaamy sey Robinson gS,,,ctaortrt Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White TUESDAY, FEBRUARY 4, 1992 217 Those not voting were Senators: Coleman Hammill Moye Newbill Shumake Steinberg Taylor On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 60. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provisions relating to credit for service rendered by the secretarytreasurer of the board of commissioners of such retirement fund and retirement benefits for said secretary-treasurer; to change the maximum amounts on which members shall be allowed to pay dues and to change the maximum amounts used in the calculation of benefits. 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 Culver Kidd State Senator FROM: G. W. Hogan, State Auditor DATE: February 4, 1991 SUBJECT: Senate Bill 60 (LC 10 9120) Judges of the Probate Courts Retirement Fund This bill amends provisions relating to retirement benefits and credit for service ren dered by the secretary-treasurer of the board of commissioners of the Judges of the Probate Court Retirement Fund. For each year served as secretary-treasurer after January 1, 1993, retirement benefits would be paid at the rate of five percent of $25,000. The bill also changes the maximum amount on which judges of the probate court would be allowed to pay dues and changes the maximum amounts used in the calculation of benefits. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor 218 JOURNAL OF THE SENATE The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - Senate Bill 60 (LC 10 9120) Judges of the Probate Courts Retirement Fund This bill amends provisions relating to retirement benefits and credit for service ren dered by the secretary-treasurer of the board of commissioners of the Judges of the Probate Courts Retirement Fund. For each year served as secretary-treasurer after January 1, 1993, retirement benefits would be paid at the rate of five percent of $25,000. The bill also changes the maximum amount on which judges of the probate court would be allowed to pay dues and changes the maximum amounts used in the calculation of benefits. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $0 (2) The amount of annual normal cost which will result from the bill. $ 142,000 (3) The employer contribution rate currently in effect. 20% of marriage license fees, and a certain percentage of fines and forfeitures 20% of marriage license fees, and a certain percentage of (4) The employer contribution rate recommended (in conformity with fines and minimum funding standards specified in Code Section 47-20-10). forfeitures (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___0___ It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment M G. W. Hogan State Auditor TUESDAY, FEBRUARY 4, 1992 219 MARTIN E. SEGAL COMPANY CONSULTANTS AND ACTUARIES SUITE 200 1060 PARKWOOD CIRCLE ATLANTA, GEORGIA 30339 (404) 955-4003 FAX (404) 955-0011 October 4, 1991 Honorable G. W. Hogan, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334 Re: Senate Bill 60 LC 10 9120 Dear Mr. Hogan: As requested we have made an actuarial investigation of the impact of Senate Bill 60 LC 10 9120 on the Judges of the Probate Courts Retirement Fund in accordance with the requirements of Code Section 47-20-36. This bill would allow the Secretary-Treasurer of the Board of Commissioners to become a member of the retirement plan, and it would also increase from $20,000 to $25,000 the maximum amount used in the calculation of benefits and the maximum amount on which members are allowed to pay dues. The cost of this proposed legislation would be $142,300 in the first year. The increase in unfunded actuarial accrued liability would be zero. The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands. Before Legislation After Legislation Increase Due to Legislation Unfunded Actuarial Accrued Liability (8,861) (8,861) 0 Annual Contribution 626 626 0 Normal Cost Accrued Liability 569 711 142 8,101 8,101 0 Employer Contribution Rate Currently in ** ** 0 Effect Employer Contribution Rate Recommended Due to Minimum Funding Standards see concluding paragraph ** The contribution rate in effect is as follows: (a) 5% of salary up to $20,000, $20,000 is increased to $25,000 after legislation (b) 20% of marriage license fees (c) A certain percentage (as stated by law) of fines and forfeitures Currently, the actuarial value of assets exceeds 150 percent of the Present Value of 220 JOURNAL OF THE SENATE Accumulated Benefits (PVAB). If this bill becomes law, assets would still exceed 150 per cent of the PVAB. Therefore, the plan would continue to satisfy the funding requirements of the Georgia Public Retirement Systems Standards Law and there would be no need for increased employer contributions. Sincerely, cc: Mike Green /s/ Thomas S. Tredway, A.S.A., E.A. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Hasty Henson Hill Hooks Johnson Kidd Langford Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Taylor. Those not voting were Senators: Brown of 26th Deal Harris Huggins Moye Newbill Shumake On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed. SB 61. By Senator Kidd of the 25th: A bill to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for employees of the board of commissioners of such fund; to provide for the compensation and duties of such employees; to provide that employees of the board are eligible for membership in the fund. TUESDAY, FEBRUARY 4, 1992 221 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 Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: February 4, 1991 SUBJECT: Senate Bill 61 (LC 10 9139) Judges of the Probate Court Retirement Fund This bill provides that additional personnel may be employed by the board of commis sioners of the Judges of the Probate Court Retirement Fund to assist the board or secre tary-treasurer of the board. Such employees of the board would be eligible for membership, retirement benefits, and other related provisions of the fund. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to SB 61: A BILL To be entitled an Act to amend Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, so as to provide for employees of the board of commissioners of such fund; to provide for the compensation and duties of such employees; to provide that employees of the board are eligible for membership in the fund; to provide for contributions by members and credit for service rendered to the board after a certain date; to provide for eligibility and application for retirement benefits with respect to employees of the board; to provide for the amount of retirement benefits and optional retirement benefits; to provide for spouse's benefits; to pro vide for the refund of contributions upon termination of service with the board; to provide for retirement of employees of the board after disability; to provide conditions for an effec tive date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to the Judges of the Probate Courts Retirement Fund of Georgia, is amended by striking in its entirety subsection (a) of Code Section 47-11-21, relating to the creation of the office of secretary-treasurer, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) There is created the office of secretary-treasurer of the board. The secretarytreasurer lEall be elected and appointed by the board and shall serve at the pleasure of the board. His compensation and duties may be fixed by the board. (2) The board or the secretary-treasurer with the approval of the board may employ additional personnel to assist the board or secretary-treasurer in carrying out duties pro vided in this chapter. The compensation and duties of any such personnel shall be fixed by the board." Section 2. Said chapter is further amended by striking in its entirety Code Section 47- 222 JOURNAL OF THE SENATE 11-40, relating to membership in the fund, and inserting in lieu thereof a new Code Section 47-11-40 to read as follows: "47-11-40. Before any person shall be eligible to participate in the fund he must: (1) (A) Be serving as secretary-treasurer or as an employee of the board; or (B) Be a duly qualified and commissioned judge of the probate court of a county of the State of Georgia. Any judge of a probate court or employee of the board who desires to participate in the fund shall further comply with applicable provisions irTparagraphs (2) through (9) of this Code section; (2) In the case of judges of the probate courts or employees of the board, make applica tion to the board for membership in the fund on a blank to be furnished by the board for that purpose, giving such information, together with verification and proof thereof, as may be required by the board; (3) (A) As to judges of the probate courts, make application to the board within a pe riod of 12 months after commencing such service as a judge of the probate court in order to claim and receive credit for services rendered retroactive to the date of the commencement of such service or forever be barred from claiming or receiving any credit for any service rendered prior to the date the application is received in the office of the secretary-treasurer.; (B) As to employees of the board, make application to the board within a period of 12 months after commencing such service as an employee of the board in order to claim and receive credit for services rendered retroactive to the date of the commencement of such service or forever be barred from claiming or receiving any credit for any service rendered prior to the date the application is received in the office of the secretary-treasurer; provided, however, that no employee of the board shall be credited with any service to the board which occurred prior to January 1, 1990; and provided, further, that any person serving as an employee of the board prior to July 1, 1992, shall have until July 1, 1993, to make appli cation with the board and to receive credit for services rendered after January 1, 1990"; (4) As to judges of the probate court, notwithstanding any other provisions to the con trary, any judge of the probate court who may have served as much as 12 months as such judge of the probate court of any county but who may have failed to make application for membership in the fund may apply for and be admitted as a member of the fund at any time but shall not be entitled to claim or receive credit toward retirement for any time served prior to the date the application for membership is received in the office of the secre tary-treasurer; (5) As to judges of the probate courts or employees of the board, file with such applica tion a sworn statement setting out the length of time served as judge of the probate court by the applicant since December 22, 1953, or as an employee of the board since January 1, 1990, and his net earnings for each month during such entire period, which may be arrived at by deducting any and all sums spent for the operation of his office if he is on a fee basis, but by the gross amount if he is on salary; provided, however, that if by either method the income of such judge of the probate court or employee of the board for his service as such: (A) Exceeds $12,000.00 per annum or an average of more than $1,000.00 per month for any calendar year prior to 1979, such income shall be deemed to be not more than $12,000.00 during such year and shall be adjusted to this figure; (B) Exceeds $6,000.00 or an average of more than $1,000.00 per month for the sixmonth period beginning January 1, 1979, and ending June 30, 1979, such income shall be deemed to be not more than $6,000.00 during such six-month period and shall be adjusted to this figure; (C) Exceeds $7,500.00 or an average of more than $1,250.00 per month for the sixmonth period beginning July 1, 1979, and ending December 31, 1979, such income shall be TUESDAY, FEBRUARY 4, 1992 223 deemed to be not more than $7,500.00 during such six-month period and shall be adjusted to this figure; (D) Exceeds $15,000.00 per annum or an average of more than $1,250.00 per month for any calendar year after 1979, such income shall be deemed to be not more than $15,000.00 during such year and shall be adjusted to this figure; er (E) Exceeds $20,000.00 per annum or an average of more than $1,666.66 per month for any calendar year after 1990, such income shall be deemed to be not more than $20,000.00 during such year and shall be adjusted to this figure; or (F) Exceeds $25,000.00 per annum or an average of more than $2,083.33 per month for any calendar year after 1992, such income shall be deemed to be not more than $25,000.00 during such year and shall be adjusted to this figure; (6) As to judges of the probate courts or employees of the board, remit to the board with his application 5 percent of his net monthly earnings up to the total earning limits specified in paragraph (5) of this Code section, but no more, as dues, together with interest at a rate of 6 percent per annum from the end of the month in which such dues accrued; (7) As to judges of the probate courts or employees of the board, file with the board a sworn statement of net earnings for each month subsequent to admission as a member by the tenth twentieth day of the following month, which net earnings shall be arrived at as is provided in paragraph (5) of this Code section, and, subject to the limitations provided in paragraph (5) of this Code section, such income shall be adjusted to the figures provided in paragraph (5) of this Code section at least once during each such year; (8) As to judges of the probate courts or employees of the board, tender to the board with such monthly statements, 5 percent of such earnings for that month as monthly dues, but such monthly dues shall not average more than 5 percent of the limitations provided for in paragraph (5) of this Code section during any such calendar year or six-month period specified in paragraph (5) of this Co5e section; and (9) As to judges of the probate courts or employees of the board, all applications for membership, sworn statements of net earnings, remittances of dues, and all other informa tion, facts, or figures in connection with this Code section are subject to being examined, audited, and approved by the board." Section 3. Said chapter is further amended by striking in its entirety Code Section 4711-70, relating to eligibility and application for retirement benefits, and inserting in lieu thereof a new Code Section 47-11-70 to read as follows: "47-11-70. (a) In order for a judge of a probate court or an employee of the board to be eligible to receive retirement benefits under this chapter, he must have: (1) Served as a regularly qualified and commissioned judge of a probate court or as an employee of the board for at least four years, during which time he complied with Code Section 47-11-40; (2) Fully complied with this chapter; (3) Terminated his official capacity as a judge of a probate court or as an employee of the board; (4) Attained the age of 60 years; (5) Filed with the board his application for such retirement, on a form to be furnished by the board, within a period of 90 days, or as soon thereafter as possible, after reaching the age of 60 years or after termination of his official capacity as a judge of a probate court or as an employee of the board, whichever may occur last in point of time; and (6) Had his application for retirement approved by the board. 224 JOURNAL OF THE SENATE (b) No judge of the probate court or employee of the board shall be eligible for retire ment benefits under this chapter until he has reached the age of 60 years. Any other provi sions of this chapter to the contrary notwithstanding, any judge of the probate court or employee of the board who has met all other requirements of this chapter, except that He has not attained 60 years of age, may terminate his service as an employee of the board or as a regularly qualified and commissioned judge of the probate court, may cease payments of any dues into the fund whatsoever, and upon reaching the age of 60 years and filing his application as provided for in paragraph (5) of subsection (a) of this Code section may com mence receiving the retirement benefits provided for in this chapter; provided, further, that any judge of the probate court who was a regularly qualified member of the fund and who, prior to July 1, 1976, may have severed his relationship as a regularly qualified and commis sioned judge of the probate court of a county of this state, ceased payments of any dues into the fund whatsoever, but had not reached the retirement age required by law at the time of severance of his relationship as such judge of the probate court, and has not qualified for or commenced drawing retirement benefits as of July 1, 1976, by reason of not having attained said retirement age then required, shall be eligible to commence drawing such retirement benefits due upon reaching the age of 60 years or on July 1, 1976, whichever is later." Section 4. Said chapter is further amended by striking in its entirety Code Section 4711-71, relating to the amount of retirement benefits, and inserting in lieu thereof a new Code Section 47-11-71 to read as follows: "47-11-71. (a) Any judge of the probate court or employee of the board who is approved for retirement benefits as provided in subsection (a) of Code Section 47-11-70 shall be paid a monthly sum equal to 5 percent of the judge's or employee's average monthly net earn ings, as may be determined from reports of such earnings and subject to the limitations on such earnings as provided for in Code Section 47-11-40, for each year served by the judge or employee up to, but not exceeding, a total of 20 years, except as provided in subsection (cj of this Code section. No time prior to December 22, 1953, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the num ber of years of service of any such judge of the probate court for purposes of determining retirement pay and no time prior to January 1, 1990, or for which dues have not been paid in accordance with Code Section 47-11-40 shall be considered in determining the number of years of service of any such employee of the board for purposes of determining retirement pa (b) In lieu of receiving the retirement benefits provided for in subsection (a) of this Code section, a judge of the probate court or employee of the board may elect in writing, on a form to be provided by the board at the time the judge or employee becomes eligible to receive retirement benefits, to receive a monthly retirement benefit payable up to the date of the death of the survivor, which benefit shall be based on the judge's or employee's age at retirement and the age of the judge's or employee's spouse at that time and shall be com puted so as to be actuarially equivalent to the total retirement payment which would have been paid to the judge or employee under subsection (a) of this Code section. Such actuarial equivalent shall be computed on the Group Annuity Table for 1951 using 5 Vi percent inter est. The spouse designated at the time of the judge's or employee's retirement shall be the only spouse who may draw these benefits. (c) Any provision of this chapter to the contrary notwithstanding, any judge of the probate court, employee of the board, and any secretary-treasurer of the fund who has served for a total of 20 years as judge of the probate court, employee of the board, or secre tary-treasurer, or a combination of such service, and who has contributed all dues owed to the fund as provided in this chapter but who is not eligible upon retirement to receive the maximum retirement benefits provided for in this chapter shall be entitled to continue to contribute dues to the fund or, in the case of the secretary-treasurer, to continue to receive credit during such period of time as the judge, employee, or secretary-treasurer shall con tinue to serve as a judge of the probate court, employee~o7 the board, or secretary-treasurer beyond 20 years of service. The average monthly net earnings of any such judge of the probate court, employee of the board, or secretary-treasurer shall be added to the total TUESDAY, FEBRUARY 4, 1992 225 monthly net earnings of such judge of the probate court, employee of the board, or secre tary-treasurer during the 20 year period of service. The sum of these two amounts shall then be divided by 240, and the result of such division shall then be used as the average monthly net earnings upon which retirement benefits shall be calculated; provided, however, such average monthly net earnings shall not exceed the limitations specified in subsection (b) of Code Section 47-11-21 and in Code Section 47-11-40. (d) The calculation of benefits under this Code section shall apply to persons who were receiving benefits pursuant to the provisions of this chapter prior to July 1, 1988, as well as to persons who become eligible to receive benefits on or after that date. Effective July 1, 1988, the monthly benefit of each person who was receiving a benefit prior to that date shall be increased in the amount necessary to comply with the requirements of this subsection." Section 5. Said chapter is further amended by striking in their entirety subsections (a) and (b) of Code Section 47-11-71.1, relating to spouse's benefits, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) Upon the death of any member who is then receiving retirement benefits and upon the surviving spouse of such member attaining 60 years of age, said spouse shall be paid spouse's benefits which shall be equal to 50 percent of the retirement benefits then being paid to such member. Such benefits shall be paid for the remainder of the life of such sur viving spouse. Upon the death of any member prior to retirement, the surviving spouse of such member may elect: (1) To withdraw the dues paid into the retirement fund by the deceased member plus interest at the rate specified by law, in which case the spouse shall be deemed to have waived any right to any benefits; or (2) To leave such dues in the retirement fund and to receive spouse's benefits which shall be payable beginning: (A) On the date of the member's death, if such member is 60 years of age or older; or (B) On the date on which the surviving spouse of the deceased member reaches 60 years of age, whichever event occurs last, and which shall be equal to 50 percent of the retirement bene fits which the deceased member was drawing at the time of death or, in the case of a mem ber who dies prior to his sixtieth birthday, which such deceased member would have been entitled to receive upon reaching 60 years of age had he lived and ceased service as a judge of the probate court or employee of the board on the date of his death. (b) As used in this Code section, the term 'surviving spouse' means the person who was married to the probate judge or employee of the board on the date the probate judge or employee first begins receiving retirement benefits under this chapter or, in the case of a member who dies before receiving retirement benefits, the term 'surviving spouse' shall mean the person who was married to the probate judge or employee of the board on the date of the death of the judge or employee." Section 6. Said chapter is further amended by striking in its entirety Code Section 4711-72, relating to refund of contributions upon termination of office as judge of the probate court and waiver of benefits, and inserting in lieu thereof a new Code Section 47-11-72 to read as follows: "47-11-72. (a) Any member of the fund, after ceasing to serve as a judge of the probate court or employee of the board and after waiving any right to retirement benefits in writing on a form to be provided by the board, may apply for and be refunded all dues paid, to gether with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund. (b) Although retirement pay shall be based on Code Section 47-11-71 and nothing in this Code section shall be construed to alter same, at the effective date of retirement simple interest at a rate of 5 percent per annum shall be computed on all dues paid from the end of 226 JOURNAL OF THE SENATE the calendar year in which paid to the end of the calendar year immediately preceding the date of retirement and shall be added to the total dues paid. After all retirement benefits coming due under subsection (a) or (b) of Code Section 47-11-71, as the case may be, have been paid and if the total thereof shall not be equal to or exceed the above total of dues and interest, then the balance of such principal and interest shall be paid to the estate of the deceased judge of the probate court or employee of the board. (c) Upon application by the estate of any member of the retirement system who dies prior to retirement and who does not have a surviving spouse who is eligible for benefits under Code Section 47-11-71.1, all dues paid by such deceased member, together with 5 percent simple interest per annum from the end of the calendar year in which paid to the end of the calendar year next preceding the application for the refund, shall be paid to the estate of the deceased judge of the probate court or employee of the board. (d) No dues may be refunded except in strict compliance with this Code section." Section 7. Said chapter is further amended by striking in its entirely Code Section 4711-73, relating to retirement after disability, and inserting in lieu thereof a new Code Sec tion 47-11-73 to read as follows: "47-11-73. Notwithstanding any other provisions of this chapter to the contrary, a member may retire after completing four years of creditable service if he becomes totally and permanently disabled after commencing service as a probate judge or as an employee of the board. Any such probate judge or employee shall be entitled to receive retirement bene fits in the amount that he would receive if his retirement were effective at the time he became disabled. All questions relating to the degree and nature of the total and permanent disability suffered by the probate judge or employee shall be determined by the board." Section 8. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirely on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. Section 9. All laws and parts of laws in conflict with this Act are repealed. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Horace E. Tate State Senator FROM: G. W. Hogan, State Auditor DATE: April 10, 1991 SUBJECT: Senate Bill 61 (Substitute) (LC 211216S) Judges of the Probate Court Retirement Fund This bill provides that additional personnel may be employed by the board of commis sioners of the Judges of the Probate Court Retirement Fund to assist the board or secre tary-treasurer of the board. Such employees of the board would be eligible for membership, retirement benefits, and other related provisions of the fund. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor TUESDAY, FEBRUARY 4, 1992 227 The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - Senate Bill 61 (LC 21 1216S) Judges of the Probate Courts Retirement Fund This bill provides that additional personnel may be employed by the board of commis sioners of the Judges of the Probate Courts Retirement Fund to assist the board or secre tary-treasurer of the board. Such employees of the board would be eligible for membership, retirement benefits, and other related provisions of the fund. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $0 (2) The amount of annual normal cost which will result from the bill. $ 10,000 (3) The employer contribution rate currently in effect. 20% of marriage license fees, and a certain percentage of fines and forfeitures 20% of marriage license fees, and a certain percentage (4) The employer contribution rate recommended (in conformity with of fines and minimum funding standards specified in Code Section 47-20-10). forfeitures (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___0___ It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor 228 JOURNAL OF THE SENATE MARTIN E. SEGAL COMPANY CONSULTANTS AND ACTUARIES SUITE 200 1000 PARKWOOD CIRCLE ATLANTA, GEORGIA 30339 (404) 955-4003 FAX (404) 955-0011 October 4, 1991 Honorable G. W. Hogan, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334 Re: Senate Bill 61 LC 21 1216S Dear Mr. Hogan: As requested we have made an actuarial investigation of the impact of Senate Bill 61 LC 21 1216S on the Judges of the Probate Courts Retirement Fund in accordance with the requirements of Code Section 47-20-36. This bill would allow employees of the Board of Commissioners to become members of the retirement plan. The cost of this proposed legislation would be $10,000 in the first year. The increase in unfunded actuarial accrued liability would be zero. The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands. Before Legislation After Legislation Increase Due to Legislation Unfunded Actuarial Accrued Liability (8,861) (8,861) 0 Annual Contribution 626 626 0 Normal Cost Accrued Liability 569 579 10 8,101 8,101 0 Employer Contribution Rate Currently in ** ** 0 Effect Employer Contribution Rate Recommended Due to Minimum Funding Standards see concluding paragraph ** The contribution rate in effect is as follows: (a) 5% of salary up to $20,000 (b) 20% of marriage license fees (c) A certain percentage (as stated by law) of fines and forfeitures Currently, the actuarial value of assets exceeds 150 percent of the Present Value of Accumulated Benefits (PVAB). If this bill becomes law, assets would still exceed 150 per cent of the PVAB. Therefore, the plan would continue to satisfy the funding requirements TUESDAY, FEBRUARY 4, 1992 229 of the Georgia Public Retirement Systems Standards Law and there would be no need for increased employer contributions. Sincerely, cc: Mike Green /s/ Thomas S. Tredway, A.S.A., E.A. 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 of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Moye Newbill Shumake Taylor 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 Thompson of the 33rd moved that he be excused from the Senate for the re mainder of the day due to an emergency in his Senatorial district. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Thompson of the 33rd was excused from the Senate for the remainder of the day. The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 108. By Senator Timmons of the llth: A bill to amend Article 6 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to eligibility for retirement under the Teachers Retirement System of Georgia, so as to authorize early retirement on the basis of 30 years of 230 JOURNAL OF THE SENATE service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year. 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 Jimmy Hodge Timmons, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 7, 1991 SUBJECT: Senate Bill 108 (LC 7 7785) Teachers Retirement System This bill authorizes early retirement for Teachers Retirement System members on the basis of 30 years of service for certain members who will attain 30 years of service by the thirty-first day of December of the ensuing school year. Eligible members may retire effec tive on the first day of September nearest to the opening date of the ensuing school year, providing the member applies by the first day of May preceding the school year and pays the employer and employee contributions that would have been paid to the retirement sys tem, as if the member had continued active employment. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Horace E. Tate, Chairman Senate Retirement committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary--Senate Bill 108 (LC 7 7785) Teachers' Retirement System This bill authorizes early retirement for Teachers Retirement System members on the basis of 30 years of service for certain members who will attain 30 years of service by the thirty-first day of December of the ensuing school year. Eligible members may retire effec tive on the first day of September nearest to the opening date of the ensuing school year, providing the member applies by the first day of May preceding the school year and pays the employer and employee contributions that would have been paid to the retirement sys tem, as if the member had continued active employment. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was TUESDAY, FEBRUARY 4, 1992 231 to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $0 (2) The amount of annual normal cost which will result from the bill. $ 400,000 (3) The employer contribution rate currently in effect. 11.66% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 11.67% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 400,000 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 October 4, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: Senate Bill 108 (LC 7 7785) As requested, we have made an actuarial investigation of the impact of Senate Bill 108 (LC 7 7785) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would authorize early retirement on the basis of 30 years of service for certain members who will attain 30 years of service by not later than a certain date of an ensuing school year. The cost of this proposal would be about 0.01% of active payroll, or $400,000. The following table shows the unfunded actuarial accrued liability and recommended employer contributions under the System before and after the proposed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. 232 JOURNAL OF THE SENATE Unfunded Actuarial Accrued Liability Annual Contribution Before Amendment $ 3,053,231 Annual % Amount After Amendment $ 3,053,231 Annual % Amount Normal 6.06 $ 242,400 6.07% $ 242,800 Accrued Liability 5.60% 224,000 5.60 224,000 Total 11.66% $ 466,400 11.67% $ 466,800 Increase $0 Annual % Amount 0.01% 0.00 $ 400 0 0.01% $ 400 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $4,000,000,000. Sincerely yours, cc: Mr. Gerald Gilbert /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Walker of 22nd White Voting in the negative were Senators Albert and Tysinger. Those not voting were Senators: Deal Echols Egan Langford Moye Newbill Shumake Thompson (excused) Walker of 43rd On the passage of the bill, the yeas were 45, nays 2. The bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 4, 1992 233 SB 148. By Senators Bishop of the 15th and Tate of the 38th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to change the provisions relating to the definition of an employee under the Employees' Retirement System of Georgia; to change the provisions relating to the definition of a teacher under the Teachers Retire ment System of Georgia. 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 Sanford D. Bishop, Jr. State Senator FROM: G. W. Hogan, State Auditor DATE: January 23, 1991 SUBJECT: Senate Bill 148 (LC 21 0886) Employees' Retirement System, Teachers Retirement System This bill would allow certain members of the Employees' Retirement System (with a minimum of five years of membership service and who are employed by the Department of Technical and Adult Education) to transfer service credits and membership to the Teachers Retirement System between July 1, 1992 and July 1, 1993. Members electing to transfer such credits and membership would be required to make certain additional contributions or have their credits adjusted in proportion to the contributions. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to SB 148: A BILL To be entitled an Act to amend Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia and re lated matters, so as to provide that certain persons employed by the Department of Techni cal and Adult Education may elect to transfer membership from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-3-60 of the Official Code of Georgia Annotated, relating to membership in the Teachers Retirement System of Georgia and related matters, is amended by striking in its entirety paragraph (1) of subsection (j) and inserting in lieu thereof a new paragraph to read as follows: "(1) Newly hired professional personnel employed for the first time by the Department of Technical and Adult Education on and after jhriy January 1, W86 1984, and all full-time nonprofessional personnel employed for the first time after July 1, 1987, by postsecondary vocational-technical schools governed by the state board shall become members of the Teachers Retirement System of Georgia as a condition of employment if otherwise eligible 234 JOURNAL OF THE SENATE under laws, rules, and regulations, unless such personnel elect membership in the Employ ees' Retirement System of Georgia and are otherwise eligible under laws, rules, and regula tions. Once such election is made by such personnel, the election is irrevocable during the tenure of employment with the Department of Technical and Adult Education or any postsecondary vocational-technical school governed thereby. Newly hired employees not eligible for membership in the Teachers Retirement System of Georgia or the Employees' Retire ment System of Georgia shall become members of the Public School Employees Retirement System as a condition of employment if eligible. The Department of Technical and Adult Education shall provide by regulation for informing prospective employees who are to be employed as certified professional personnel of the option provided for by this subsection so that such personnel shall choose membership in the Teachers Retirement System of Georgia or the Employees' Retirement System of Georgia or the Public School Employees Retire ment System at the time of their employment." Section 2. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Horace E. Tate State Senator FROM: G. W. Hogan, State Auditor DATE: April 10, 1991 SUBJECT: Senate Bill 148 (Substitute) (LC 21 1211S) Teachers Retirement System Employees Retirement System This bill changes the eligibility requirements for certain professional employees hired by the Department of Technical and Adult Education that can elect membership in the Teachers Retirement System or the Employees' Retirement System. The provisions regard ing this election would apply to personnel hired on and after January 1, 1984. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor TUESDAY, FEBRUARY 4, 1992 235 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 Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 27, 1991 SUBJECT: Revised Actuarial Investigation Summary Senate Bill 148 (LC 21 1211S) Teachers Retirement System, Employees' Retirement System This bill changes the eligibility requirements for certain professional employees hired by the Department of Technical and Adult Education that can elect membership in the Teachers Retirement System or the Employees' Retirement System. The provisions regard ing this election would apply to personnel hired on and after January 1, 1984. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. 1) Teachers Retirement System According to the system's actuary the impact would be: (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 487,000 (2) The amount of annual normal cost which will result from the bill. $ 0 (3) The employer contribution rate currently in effect. 11.66% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 11.66% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 2) Employees' Retirement System 32,000 According to the system's actuary the impact would be: (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. (282,000) (2) The amount of annual normal cost which will result from the bill. 0 (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ (18,000) 236 JOURNAL OF THE SENATE It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /a/ G. W. Hogan State Auditor BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 November 26, 1991 Revision Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: Senate Bill 148 (LC 21 1211S) As requested, we have made an actuarial investigation of the impact of Senate Bill 148 (LC 21 1211S) on the Teachers' Retirement System and the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide that certain persons employed by the Department of Technical and Adult Education may elect to transfer membership from the Employees' Retirement System of Georgia to the Teachers' Retirement System of Georgia. It is our understanding that two employees may be affected by this legislation. Employee Current System Salary Age Service A ERS $46,242 61 15 B ERS $48,312 58 19 If employee A transfers from ERG to TRS and retires immediately, the lump sum value of his additional benefit will be $38,189. It is our understanding that if employee B transfers to TRS, he will be able to purchase 9 years of out-of-state service at a cost of about $20,000. In two years, he would be eligible to receive a benefit under TRS of about $17,000 a year greater than what he could receive under ERS. This additional benefit has a lump sum present value of $186,378. The net additional cost on account of this employee is $186,378 minus $20,000, or $166,378. The total additional lump sum cost for the two employees would be $204,567. If this amount is amortized over 20 years, the additional annual contribution would be $13,583. The following tables show the allocation of the change in unfunded actuarial accrued liability and recommended employer contributions under each System before and after the proposed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. TUESDAY, FEBRUARY 4, 1992 237 EMPLOYEES' RETIREMENT SYSTEM Unfunded Actuarial Accrued Liability Before Amendment $ 1,053,440 After Amendment $ 1,053,158 Annual Contribution % Annual Amount % Annual Amount Normal Accrued Liability Cost-of-Living 4.97% 5.67 1.75 $ 79,520 4.97% 90,720 5.67 28,000 1.75 $ 79,520 90,702 28,000 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,222 4.75 76,000 4.75 76,000 Total 17.14% $ 274,240 17.14% $ 274,222 Unfunded Actuarial Accrued Liability Annual Contribution TEACHERS' RETIREMENT SYSTEM Before Amendment After Amendment $ 3,053,231 Annual % Amount $ 3,053,718 Annual % Amount Normal 6.06% $ 242,400 6.06% $ 242,400 Accrued Liability 5.60 224,000 5.60 224,032 Total 11.66% $ 466,400 11.66% $ 466,432 Unfunded Actuarial Accrued Liability Annual Contribution TOTAL Before Amendment After Amendment $ 4,106,671 Annual % Amount $ 4,106,876 Annual % Amount Normal Accrued Liability Cost-of-Living $ 321,920 $ 314,720 28,000 $ 321,920 $ 314,734 28,000 Sub-total Pickup Total $ 664,640 76,000 $ 664,654 76,000 Increase $ (282) Annual % Amount 0% $0 0 (18) 0 0 0% $ (18) 0 0 0% $ (18) Increase $ 487 Annual % Amount 0% $0 0 32 0% $ 32 Increase $ 205 Annual % Amount $0 $ 14 0 $ 14 0 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the Systems, together with an estimated payroll of $1,600,000,000 for ERS and $4,000,000,000 for TRS. Sincerely yours, /a/ Donald M. Overholser Consulting Actuary 238 JOURNAL OF THE SENATE cc: Mr. Gerald Gilbert Mr. Ruldolph Johnson On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Bowen Brown of 26th Dean Echols Foster Gillis Hasty Henson Hooks Huggins Kidd Langford Marable Ragan of 10th Ramsey Ray Robinson Scott Steinberg Tate Taylor Timmons Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Albert Alien Baldwin Broun of 46th Burton Clay Coleman Collins Dawkins Edge English Garner Hammill Harris Hill Johnson Perdue Perry Phillips Pollard Ragan of 32nd Starr Turner Tysinger Those not voting were Senators: Deal Egan Moye Newbill Shumake Thompson (excused) On the adoption of the substitute, the yeas were 26, nays 24, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Bowen Brown of 26th Dean Foster Gillis Hasty Henson Hooks Kidd Langford Marable Ragan of 10th Ramsey Robinson Scott Steinberg Tate Timmons Walker of 43rd White Those voting in the negative were Senators: Albert Alien Baldwin Broun of 46th Burton Clay Coleman Collins Dawkins Deal Echols Edge TUESDAY, FEBRUARY 4, 1992 239 Egan Garner Hammill Harris Hill Johnson Perdue Perry Phillips Pollard Ragan of 32nd Ray Starr Taylor Turner Tysinger Walker of 22nd Those not voting were Senators: English Huggins Moye Newbill Shumake Thompson (excused) On the passage of the bill, the yeas were 21, nays 29. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Bishop of the 15th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 148. Senator Clay of the 37th moved that Senator Newbill of the 56th be excused from the Senate today due to illness. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Newbill of the 56th was excused for the remainder of today. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 149. By Senators Bishop of the 15th, Robinson of the 16th and Tate of the 38th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain prior service; to provide requirements rela tive thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal. 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 Sanford D. Bishop, Jr. State Senator FROM: G. W. Hogan, State Auditor DATE: January 23, 1991 SUBJECT: Senate Bill 149 (LC 21 0887) Superior Court Judges Retirement System This bill would authorize creditable service for certain prior service as a state court judge regardless of whether or not the member participated in a retirement fund. Creditable service would also be authorized for prior service as a state court solicitor while a member of the Trial Judges and Solicitors Retirement Fund. The bill also provides for the payment required to obtain such creditable service. 240 JOURNAL OF THE SENATE This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to SB 149: A BILL To be entitled an Act to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain prior service; to provide requirements relative thereto; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," is amended by striking Code Sec tion 47-9-41.1, relating to creditable service for service as a state court judge, in its entirety and substituting in lieu thereof a new Code Section 47-9-41.1 to read as follows: "47-9-41.1. (a) As used in this Code section, the term 'prior service' means: (1) Holding office as a state court judge whether or not such member participated in a retirement fund; or (2) Holding office as a state court solicitor 'service na a state court judge' means holding office after December 81, 1076, as a judge~of a state court while a member of the Trial Judges and Solicitors Retirement Fund provided for in Chapter 10 of this title. (b) A member of the retirement system may receive creditable service for service as a state court judge prior service pursuant to the provisions of this Code section. (c)(l) For a member who is a member or former member of the Trial Judges and Solici tors Retirement Fund, the he payment required to receive such creditable service shall be an amount equal to all employer and employee contributions made to the Trial Judges and Solicitors--Retirement Fund such fund by or on behalf of the state court judge such member during service as a state court judge or solicitor plus interest on such amount at the rate of 6 percent per annum compounded annually from the date of termination of service as a state court judge or solicitor to the date of payment. (2) For any member other than a member or former member of the Trial Judges and Solicitors Retirement Fund, the payment required to receive such creditable service shall be an amount equal to all employer and employee contributions which would have been made by or on behalf of such member to the Trial Judges and Solicitors Retirement Fund as if such member was a member of such fund for a period corresponding to such member's service as a state court judge or solicitor. (d) For a member who at the time of service as a state court judge or solicitor was a member of the Trial Judges and Solicitors Retirement Fund, the following shall be applicable: (1) For a member who has not withdrawn contributions from the Trial Judges and So licitors Retirement Fund, the amount provided for in subsection (c) of this Code section shall be transferred from the Trial Judges and Solicitors Retirement fund to the fund pro vided for in this chapter; and {M2) For a member who has withdrawn contributions from the Trial Judges and Solici tors Retirement Fund, the amount provided in subsection (c) of this Code section shall be paid as follows: ftKA) That portion of the amount provided for in subsection (c) of this Code section TUESDAY, FEBRUARY 4, 1992 241 which is attributable to employer contributions plus interest thereon shall be transferred from the Trial Judges and Solicitors Retirement Fund to the retirement fund provided for in this chapter; and {2}(B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under subparagraph (A) of this paragraph (1) of this aubacction shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (e) For a member who was at the time of service as a state court judge or as a solicitor a member of any retirement fund other than the Trial Judges and Solicitors Retirement Fund, the following shall be applicable: (1) For any such member who has not withdrawn contributions from such fund, all employer and employee contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred to the fund provided for in this chapter. Such member shall pay any remaining sums required by sub section (c) of this Code section or shall be entitled to receive any sums so transferred which exceed the sums required by subsection (c) of this subsection; and (2) For any such member who has withdrawn contributions from such fund, the amount provided for in subsection (c) of this Code section shall be paid as follows: (A) That portion of the amount provided for in subsection (c) of this Code section whicE" is attributable to employer contributions together with all accumulated interest thereon at a rate to be determined by the administrator of such fund shall be transferred from such fund to the retirement fund provided for in this chapter; and (B) That portion of the amount provided for in subsection (c) of this Code section remaining after deducting the amount transferred under subparagraph (A) of this paragraph shall be paid to the fund provided for in this chapter by the member claiming the creditable service. (f) A member who at the time of service as a state court judge was not a member of any retirement fund shall pay to the fund provided for in this chapter the entire amount pro vided for in subsection (c) of this Code section. (g) Except as provided in Code Section 47-9-77, no member who receives or who is or will become entitled to receive any annuity or pension or retirement benefit from any other source, except social security, for prior service as defined by subsection (a) of this Code section shall be eligible to obtain creditable service under this Code section. A member wishing to obtain creditable service pursuant to the provisions of this Code section shall apply therefor to the board of trustees, and upon the transfer or payment of the amounts provided for in subsection (d) or (e) of this Code section, the applicable creditable service shall be entered on the member's records." Section 2. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. Section 3. All laws and parts of laws in conflict with this Act are repealed. 242 JOURNAL OF THE SENATE 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 Horace E. Tate State Senator FROM: G. W. Hogan, State Auditor DATE: April 10, 1991 SUBJECT: Senate Bill 149 (Substitute) (LC 21 1212S) Superior Court Judges Retirement System This bill authorizes certain prior service credit for members of the Superior Court Judges Retirement System. In addition to service as a state court judge, service as a state court solicitor would also be eligible for prior service credit. The bill identifies the require ments and payments necessary for obtaining such service credit. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. M G. W. Hogan State Auditor 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 Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - Senate Bill 149 (LC 21 1212S) Superior Court Judges Retirement System This bill authorizes certain prior service credit for members of the Superior Court Judges Retirement System. In addition to service as a state court judge, service as a state court solicitor would also be eligible for prior service credit. The bill identifies the require ments and payments necessary for obtaining such service credit. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ N/A* (2) The amount of annual normal cost which will result from the bill. $ 11,363 (3) The employer contribution rate currently in effect. 8.0% TUESDAY, FEBRUARY 4, 1992 243 (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 3.61% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___0 *The actuarial funding method used to value this plan does not generate an unfunded actu arial accrued liability. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor THE WYATT COMPANY SUITE 432 4170 ASHFORD DUNWOODY ROAD, N.E. ATLANTA, GEORGIA 30319 (404) 252-4030 October 29, 1991 Honorable G. W. Hogan State Auditor Department of Audits Room 214 254 Washington Street, S.W. Atlanta, Georgia 30334-8400 Re: Senate Bill 149; LC 21 1212S Dear Mr. Hogan: As requested, we have made an actuarial investigation of the impact of SB 149; LC 21 1212S on the Superior Court Judges Retirement System in accordance with the require ments of Code Section 47-20-36. The bill would permit certain former state court judges and state court solicitors to transfer prior service and contributions into the Superior Court Judges Retirement System. The estimated increase in the employer contribution in accordance with minimum funding standards would be $11,363 in the first year. However, as indicated in the table below, there would not be an increase in the actual contribution being made in the first year since the actual contribution rate exceeds the required minimum rate of contribution. Be cause the actuarial cost method used for the System (the aggregate method) does not pro vide for the calculation of an unfunded accrued liability, there is no explicit unfunded ac crued liability increase due to the proposed legislation. In effect, all unfunded liabilities are being amortized over the average future working lifetime of the active participants as a part of the normal cost. The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. 244 JOURNAL OF THE SENATE Before Legislation (1) After Legislation (1) Increase Due to Legislation (1) % of % of % of Payroll Amount Payroll Amount Payroll Amount Unfunded Actuarial Accrued Liability N/A N/A N/A N/A N/A N/A Annual Contribution Normal Cost 3.49% $ 330,923 3.61% $ 342,286 .12% $ 11,363 Accrued Liability N/A N/A N/A N/A N/A N/A Employer Contribution Rate Currently in Effect 8.00% $ 757,771 8.00% (2> o.oo% (2) $ 757,771 $ 0 Employer Contribution Rate Recommended Due to Minimum Funding Standards 3.49% $ 330,923 3.61% $ 342,286 .12% $ 11,363 (1) Based on Superior Court Judges' payroll as of July 1, 1990 plus payroll for the participants who would be eligible to transfer prior service into the System under this amendment. (2) Assumes no increase since the current rate exceeds the required rate. Our calculations are based on the data and actuarial assumptions used for the July 1, 1990 actuarial valuation of the System, including the 7 2% interest rate subsequently adopted by the Board of Trustees. In addition, we are not completely certain which judges are eligible under the provisions of this bill, but have based our calculations on data re ceived from the Employees' Retirement System for the two judges who appear to be eligible. If any of the data is incorrect or incomplete, we would need to revise our calculations. If you have any questions, please feel free to call. Sincerely, Isl Laury S. Sikes Actuarial Assistant /a/ Frederick C. Mabry Actuary On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey TUESDAY, FEBRUARY 4, 1992 245 Ray Robinson Scott - Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Dawkins and Egan. Those not voting were Senators: English Moye Newbill (excused) Shumake Thompson (excused) On the passage of the bill, the yeas were 49, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. SB 292. By Senators Taylor of the 12th, Harris of the 27th and Olmstead of the 26th: A bill to amend Article 2 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to preferred provider arrangements, so as to provide for leg islative intent; to remove certain limitations regarding coinsurance percentages in preferred provider arrangements; to allow insurers to limit the number or classes of providers under a preferred provider arrangement; to provide exceptions; to provide for information to be included in subscriber certificates. The Senate Committee on Insurance and Labor offered the following substitute to SB 292: A BILL To be entitled an Act to amend Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to standards for preferred provider arrangements and payments for noncontracting providers, so as to change certain limitations regarding coinsurance percent ages in preferred provider arrangements; to provide certain exceptions relating to routine physical examinations covered under a health benefit plan; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 33-30-23 of the Official Code of Georgia Annotated, relating to standards for preferred provider arrangements and payments for noncontracting providers, is amended by striking subsections (b) and (c) of said Code section in their entirety and inserting in their place new subsections (b) and (c) to read as follows: "(b) Such arrangements shall not: (1) Unfairly deny health benefits for medically necessary covered services; (2) Have differences in benefit levels payable to preferred providers compared to other providers which unfairly deny benefits for covered services; (3) Have differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers which differ by more than 20 30 percent age points; (4) Have a coinsurance percentage applicable to benefit levels for services provided by nonpreferred providers which exceeds 36 40 percent of the benefit levels under the policy for such services; and (5) Have an adverse effect on the availability or the quality of services. (c) (1) Notwithstanding the provisions of paragraphs (3) and (4) of subsection (b) of 246 JOURNAL OF THE SENATE this Code section, health benefit plans providing incentives for covered persons to use phar maceutical or dental services of preferred providers shall contain a provision which clearly identifies that the payment or reimbursement for a noncontracting provider of covered pharmaceutical or dental services shall be the same as the payment or reimbursement for a preferred provider of covered pharmaceutical or dental services; provided, however, the health benefit plan shall not be required to make payment or reimbursement in an amount which is greater than the actual fee charged by the provider for the dental or pharmaceuti cal services rendered. (2) Notwithstanding any provisions of this title to the contrary, paragraphs (3) and (4) of subjection (b) of this Code section shall not apply to routine physical examinations cov ered under a health benefit plan." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal Egan Langford Moye Newbill (excused) Shumake Starr Thompson (excused) On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 337. By Senator Kidd of the 25th: A bill to amend Article 5 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to retirement benefits and refunds of dues under the Judges of the Probate Courts Retirement Fund of Georgia, so as to change the provi sions relating to eligibility for retirement for members of the fund; to provide TUESDAY, FEBRUARY 4, 1992 247 that members who have completed at least ten years of service may retire upon reaching the age of 55 years under certain conditions. 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 Horace Tate State Senator FROM: G. W. Hogan, State Auditor DATE: April 1, 1991 SUBJECT: Senate Bill 337 (LC 10 9123) Judges of the Probate Courts Retirement Fund This bill would allow members of the Judges of the Probate Courts Retirement Fund that have completed at least ten years of service to retire upon reaching 55 years of age. The bill also identifies the conditions necessary to qualify for such retirement and the benefits payable to these retirees. This is to certify that this is a fiscal retirement bill as denned in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - Senate Bill 337 (LC 10 9123) Judges of the Probate Courts Retirement Fund This bill would allow members of the Judges of the Probate Courts Retirement Fund that have completed at least ten years of service to retire upon reaching 55 years of age. The bill also identifies the conditions necessary to qualify for such retirement and the benefits payable to these retirees. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. 248 JOURNAL OF THE SENATE (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 517,100 (2) The amount of annual normal cost which will result from the bill. $ 80,800 (3) The employer contribution rate currently in effect. 20% of marriage license fees, and a certain percentage of fines and forfeitures 20% of marriage license fees, and a certain percentage (4) The employer contribution rate recommended (in conformity with of fines and minimum funding standards specified in Code Section 47-20-10). forfeitures (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment M G. W. Hogan State Auditor MARTIN E. SEGAL COMPANY CONSULTANTS AND ACTUARIES SUITE 200 1000 PARKWOOD CIRCLE ATLANTA, GEORGIA 30339 (404) 955-4003 FAX (404) 955-0011 October 22, 1991 Honorable G. W. Hogan, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334 Re: Senate Bill 337 LC 10 9123 Dear Mr. Hogan: As requested we have made an actuarial investigation of the impact of Senate Bill 337 LC 10 9123 on the Judges of the Probate Courts Retirement Fund in accordance with the requirements of Code Section 47-20-36. This bill would provide that members who had at least 10 years of service as a probate judge could retire upon reaching the age of 55. The cost of this proposed legislation would be $80,800 in the first year. The increase in unfunded actuarial accrued liability would be $517,100. The following table reflects the unfunded actuarial accrued liability and recommended TUESDAY, FEBRUARY 4, 1992 249 employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands. Before Legislation After Legislation Increase Due to Legislation Unfunded Actuarial Accrued Liability (8,861) (8,344) 517 Annual Contribution 626 626 0 Normal Cost Accrued Liability 569 650 81 8,101 8,618 517 Employer Contribution Rate Currently in ** ** 0 Effect Employer Contribution Rate Recommended Due to Minimum Funding Standards see concluding paragraph ** The contribution rate in effect is as follows: (a) 5% of salary up to $20,000 (b) 20% of marriage license fees (c) A certain percentage (as stated by law) of fines and forfeitures Currently, the actuarial value of assets exceeds 150 percent of the Present Value of Accumulated Benefits (PVAB). If this bill becomes law, assets would still exceed 150 per cent of the PVAB. Therefore, the plan would continue to satisfy the funding requirements of the Georgia Public Retirement Systems Standards Law and there would be no need for increased employer contributions. Sincerely, Is/ Thomas S. Tredway, A.S.A., E.A. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th n Sols Edge English Foster Gillis Hammill Harris Hasty Hill Hooks Hugging Johnson Kidd Langford Marable Perdue Perry Phillips Pollard Ragan of 10th Ramsey R gcott Steinberg Tate Taylor Timmons Walker of 22nd White 250 JOURNAL OF THE SENATE Those voting in the negative were Senators: Albert Dawkins Burton Garner Coleman Ragan of 32nd Those not voting were Senators: Collins Deal Egan Henson Moye Newbill (excused) Shumake Robinson Turner Tysinger Starr Thompson (excused) Walker of 43rd On the passage of the bill, the yeas were 37, nays 9. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate stand in recess until 5:00 o'clock P.M. and at that time stand adjourned until 10:00 o'clock A.M. tomorrow. The President announced that the motion prevailed at 12:15 o'clock P.M. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. The following bill of the House was read the first time and referred to committee: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. Referred to Committee on Appropriations. Pursuant to a previously adopted motion, the Senate stood adjourned until 10:00 o'clock A.M. tomorrow. WEDNESDAY, FEBRUARY 5, 1992 251 Senate Chamber, Atlanta, Georgia Wednesday, February 5, 1992 Eighth Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1244. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected. HB 1245. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected. HB 1251. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six singlemember districts from which the other six members shall be severally elected. HB 1252. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to create the board of education of the Liberty County School District. HB 1253. By Representative Purcell of the 129th: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners. HB 1269. By Representative Streat of the 139th: A bill to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, so as to retain two-year concurrent terms of office for the mayor and members of the city council. HB 1216. By Representative Campbell of the 23rd: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while a license is suspended or revoked, so as to authorize any 252 JOURNAL OF THE SENATE municipal court of any municipality to impose the punishment provided in this Code Section notwithstanding the limits set forth in its municipal charter. HB 1195. By Representatives Reaves of the 147th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th, Purcell of the 129th and others: A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the maximum compensation to be paid for destroyed honeybee colonies. HB 1197. By Representatives Reaves of the 147th, Buckner of the 72nd, Purcell of the 129th, Royal of the 144th, Carter of the 146th and others: A bill to amend Code Section 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, so as to change the provisions relating to fees for such licenses. HB 1230. By Representatives Cummings of the 17th and Baker of the 51st: A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and related matters under the Public School Employees Retirement System, so as to provide that members may become eligible for retirement benefits upon applica tion under certain conditions. HB 1229. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Em ployees Benefit System, so as to authorize the employees of certain local authori ties to participate in such system. HB 38. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to restoration to service and income limitations on disability benefi ciaries under the Employees' Retirement System of Georgia, so as to change the provisions relating to income limitations. HB 801. By Representative Cummings of the 17th: A bill to amend Code Section 47-13-40.1 of the Official Code of Georgia Anno tated, relating to authority to maintain membership in the District Attorneys' Retirement System while holding office as a superior court judge, so as to provide that a superior court judge who was a former member of such retirement system' at the time of taking office may elect to continue membership in such retirement system. HB 900. By Representatives Lee of the 72nd and Cummings of the 17th: A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provi sions relating to ineligibility for appointment as a senior judge or district attor ney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits. WEDNESDAY, FEBRUARY 5, 1992 253 The following bills and resolutions were introduced, read the first time and referred to committees: SB 598. By Senators Edge of the 28th, Dawkins of the 45th and Garner of the 30th: A bill 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 repeal certain provisions relative to the necessity of having a certain license in order to sell or dispense contact lenses; to provide an effective date. Referred to Committee on Health and Human Services. SB 599. By Senators Walker of the 22nd, Hooks of the 14th and Albert of the 23rd: A bill to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to comprehensively revise the law relative to the training, education, and licensure of practical nurses; to provide for a short title; to pro vide for definitions; to provide for the composition, terms, and qualifications of the Georgia Board of Examiners of Licensed Practical Nurses; to provide for termination. Referred to Committee on Health and Human Services. SB 600. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to change the provisions relating to definitions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for actions when local governments fail to make certain payments; to provide for the use of bond proceeds. Referred to Committee on Finance and Public Utilities. SB 601. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth for adoptees from outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation. Referred to Committee on Health and Human Services. SB 602. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Chapter 19 of Title 31 of the Official Code of Georgia Annotated, relating to the control of rabies, so as to provide that procedures shall be in com pliance with the National Association of State Public Health Veterinarians; to repeal Code Section 31-19-6, relating to certificates of inoculation. Referred to Committee on Health and Human Services. SB 603. By Senators Walker of the 22nd, Hooks of the 14th and Albert of the 23rd: A bill to amend Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the content of a model basic health insurance plan, so as to provide that a model basic health insurance plan shall include coverage for a minimum of five visits per year to the office of a health care provider for the purpose of re ceiving treatment for an illness or injury. Referred to Committee on Health and Human Services. 254 JOURNAL OF THE SENATE SB 604. By Senator Broun of the 46th: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meetings. Referred to Committee on Judiciary. SB 605. By Senators Broun of the 46th and Deal of the 49th: A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of life-sustaining proce dures with respect to a patient in a coma or persistent vegetative state; to pro vide for legislative findings; to provide for and revise definitions; to revise and change the form of a living will; to revise and change conditions precedent to withholding or withdrawal of life-sustaining procedures. Referred to Committee on Health and Human Services. SB 606. By Senators Broun of the 46th and Deal of the 49th: A bill to amend Chapter 36 of Title 31 of the Official Code of Georgia Annotated, relating to the durable power of attorney for health care, so as to change the name of such health care agency to the durable agency for health care; to provide for definitions; to provide for the time a health care agency becomes effective and the duration of such agency; to provide for a certificate of lawyer; to provide for the contents of such certificate. Referred to Committee on Health and Human Services. SB 607. By Senators Ragan of the 32nd and Clay of the 37th: A bill to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to provide that residential property shall be considered landmark historic property if it meets such criteria. Referred to Committee on Natural Resources. SB 608. By Senators Hasty of the 51st, Huggins of the 53rd and Marable of the 52nd: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that a county or municipal corporation may retain three percent of any moneys it is required by law to collect and transfer to the state or any agency of the state. Referred to Committee on Finance and Public Utilities. SB 609. By Senator Ragan of the 32nd: A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, transportation, and handling of hazardous materials, so as to provide for the use of certain safety devices on gasoline and diesel fuel pump nozzles. Referred to Committee on Natural Resources. SB 610. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 5 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to depositions and discovery, so as to provide that a court may not enter an order or judgment which conceals a public hazard; to provide for a purpose; to provide a definition; to provide that certain contracts or agree ments are void; to provide for standing for certain persons; to provide for an WEDNESDAY, FEBRUARY 5, 1992 255 action for declaratory judgment; to provide for applicability; to provide an effec tive date. Referred to Committee on Judiciary. SB 611. By Senators Ray of the 19th, Garner of the 30th, Perdue of the 18th and others: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to provide for singletrip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide; to provide for a fee for such permits. Referred to Committee on Transportation. SB 612. By Senators Dawkins of the 45th, Bishop of the 15th, Ragan of the 32nd and others: A bill to amend Code Section 15-19-3 of the Official Code of Georgia Annotated, relating to rules governing the bar examination, so as to provide that an appli cant otherwise qualified to take the bar examination shall not be prohibited from taking such examination on the basis that such applicant is a graduate of or stu dent enrolled in a law school which has not been approved by the American Bar Association; to provide that a rule to the contrary shall be void. Referred to Committee on Special Judiciary. SB 613. By Senator Kidd of the 25th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise the "Real Estate Ap praiser Licensing and Certification Act"; to change the short title; to change cer tain terms applicable to registration, licensing, and certification of real estate ap praisers; to provide for appropriate appraiser classifications in order to enable the Georgia Real Estate Appraisers Board to meet certain federal guidelines. Referred to Committee on Governmental Operations. SB 614. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the name of the Office of Fair Employment Practices to the "Commission on Equal Opportunity"; to change the name of the Fair Employment Practices Board to the "Board of Commissioners of the Commission on Equal Opportu nity"; to provide for divisions within the Commission on Equal Opportunity. Referred to Committee on Special Judiciary. SB 615. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped per sons; to change certain provisions relating to the powers and duties of the administrator. Referred to Committee on Special Judiciary. 256 JOURNAL OF THE SENATE SB 616. By Senators Thompson of the 33rd and Coleman of the 1st: A bill to amend Code Section 32-6-51 of the Official Code of Georgia Annotated, relating to the prohibition and regulation of signs, signals, devices, or structures on the rights of way of public roads, so as to change the provisions relating to bus shelters; to restrict the right to erect and maintain bus shelters. Referred to Committee on Transportation. SR 412. By Senators Dean of the 31st and Broun of the 46th: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto. Referred to Committee on Rules. SR 414. By Senators Egan of the 40th and Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 416. By Senators Gillis of the 20th, Robinson of the 16th, Garner of the 30th and others: A resolution recognizing the historical significance of this 101st anniversary of the first official celebration of Arbor Day in Georgia. Referred to Committee on Natural Resources. SR 417. By Senator Bowen of the 13th: A resolution authorizing the grant of a road right of way easement on, over, and through certain state owned real property located in Crisp County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 418. By Senator Bowen of the 13th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of an access thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Colquitt County, Georgia; to provide an effective date. Referred to Committee on Finance and Public Utilities. SR 419. By Senator Bowen of the 13th: A resolution recognizing the Slosheye Trail Big Pig Jig as the state's Official Bar becue Cooking Contest. Referred to Committee on Economic Development and Tourism. SR 420. By Senator Broun of the 46th: A resolution creating the Joint Study Committee on Compensation Under the State Merit System and Under the University System of Georgia. Referred to Committee on Rules. SR 421. By Senators Broun of the 46th, Gillis of the 20th, Tysinger of the 41st and others: A resolution creating the University System Laboratory, Equipment, Rehabilita tion Technology, and Eminent Scholars Endowment Study Committee. Referred to Committee on Rules. WEDNESDAY, FEBRUARY 5, 1992 257 The following bills of the House were read the first time and referred to committees: HB 38. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to restoration to service and income limitations on disability benefi ciaries under the Employees' Retirement System of Georgia, so as to change the provisions relating to income limitations. Referred to Committee on Retirement. HB 801. By Representative Cummings of the 17th: A bill to amend Code Section 47-13-40.1 of the Official Code of Georgia Anno tated, relating to authority to maintain membership in the District Attorneys' Retirement System while holding office as a superior court judge, so as to provide that a superior court judge who was a former member of such retirement system at the time of taking office may elect to continue membership in such retirement system. Referred to Committee on Retirement. HB 900. By Representatives Lee of the 72nd and Cummings of the 17th: A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provi sions relating to ineligibility for appointment as a senior judge or district attor ney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits. Referred to Committee on Retirement. HB 1195. By Representatives Reaves of the 147th, Hudson of the 117th, Carter of the 146th and others: A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the maximum compensation to be paid for destroyed honeybee colonies. Referred to Committee on Agriculture. HB 1197. By Representatives Reaves of the 147th, Buckner of the 72nd, Purcell of the 129th and others: A bill to amend Code Section 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, so as to change the provisions relating to fees for such licenses. Referred to Committee on Agriculture. HB 1216. By Representative Campbell of the 23rd: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while a license is suspended or revoked, so as to authorize any municipal court of any municipality to impose the punishment provided in this Code Section notwithstanding the limits set forth in its municipal charter. Referred to Committee on Judiciary. HB 1229. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Em ployees Benefit System, so as to authorize the employees of certain local authori ties to participate in such system. Referred to Committee on Retirement. 258 JOURNAL OF THE SENATE HB 1230. By Representatives Cummings of the 17th and Baker of the 51st: A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and related matters under the Public School Employees Retirement System, so as to provide that members may become eligible for retirement benefits upon applica tion under certain conditions. Referred to Committee on Retirement. HB 1244. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the commissioner districts from which members of the board are elected. Referred to Committee on Urban and County Affairs. HB 1245. By Representative Birdsong of the 104th: A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the education districts from which the members of the board are elected. Referred to Committee on Urban and County Affairs. HB 1251. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to amend an Act creating the board of commissioners of Liberty County, so as to provide for a seven-member board of commissioners consisting of one county-wide district from which the chairman shall be elected and six singlemember districts from which the other six members shall be severally elected. Referred to Committee on Urban and County Affairs. HB 1252. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to create the board of education of the Liberty County School District. Referred to Committee on Urban and County Affairs. HB 1253. By Representative Purcell of the 129th: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for the County of Effingham, so as to provide that the governing authority of Effingham County shall consist of six commissioners. Referred to Committee on Urban and County Affairs. HB 1269. By Representative Streat of the 139th: A bill to amend an Act to provide a new charter for the City of Broxton, Georgia, in the County of Coffee, so as to retain two-year concurrent terms of office for the mayor and members of the city council. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, FEBRUARY 5, 1992 259 SB 536. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 484. Do pass by substitute. SB 488. Do pass as amended. SB 507. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bill and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 539. Do pass by substitute. SR 379. Do pass. SR 377. Do pass. SR 380. Do pass. SR 378. Do pass. SR 381. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 560. Do pass by substitute. SB 564. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following resolu tion of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 248. Do pass as amended. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following 260 JOURNAL OF THE SENATE bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 559. Do pass. HB 1226. Do pass. HB 1111. Do pass. HB 1172. Do pass. HB 1112. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate and House were read the second time: SB 490. By Senator Timmons of the llth: A bill to amend Code Section 44-3-135 of the Official Code of Georgia Annotated, relating to filing fees, updated filing documents, change of ownership, and mini mum size requirements of cemeteries with respect to preneed dealers and ceme teries under the "Georgia Cemetery Act of 1983," so as to change the provisions relating to minimum size requirements. SB 491. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions concerning limitations of actions, so as to provide that an action may not be brought in this state if such action is barred by a statute of limitations of another state, territory, or foreign country where it arose. SB 516. By Senators Henson of the 55th, Ramsey of the 54th, Huggins of the 53rd and Edge of the 28th: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to place certain restrictions on accept ance of a plea of nolo contendere. SB 524. By Senators Steinberg of the 42nd, Deal of the 49th, Garner of the 30th and Hill of the 4th: A bill to amend Chapter 21 of Title 15 of the Official Code of Georgia Annotated, relating to the payment and disposition of fines and forfeitures, so as to provide for additional penalty assessments for violations of Code Section 40-6-391, relat ing to driving under the influence of alcohol or drugs; to amend Code Section 1715-10 of the Official Code of Georgia Annotated, relating to the creation of the Georgia Crime Victims Emergency Fund, so as to provide moneys for such fund. SB 525. By Senators Collins of the 17th, Newbill of the 56th and Edge of the 28th: A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury and has been bound over to a court in the county having jurisdiction to try and shall not be subject to a plea bargain. SB 528. By Senator Edge of the 28th: 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 designation of the chemical test to be administered to determine whether a driver is under the influence of alcohol or drugs. WEDNESDAY, FEBRUARY 5, 1992 261 SB 542. By Senators Deal of the 49th, Dawkins of the 45th and Thompson of the 33rd: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which applications for appeal are required, so as to provide that such procedures for appeal shall not apply to child custody cases. SB 555. By Senators Dean of the 31st and Perry of the 7th: A bill to amend Code Section 40-5-36 of the Official Code of Georgia Annotated, relating to veterans' drivers' licenses, so as to clarify the requirements for a vet eran's license. SB 566. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and quali fications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide when the Senators elected shall take office. SB 567. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and quali fications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Sena tors elected shall take office. HB 408. By Representatives Martin of the 26th, Parham of the 105th, Ware of the 77th and others: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to permit psychologists to perform certain acts which physi cians 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 dependent persons; to provide patients and clients with the ability to secure the services of a private psychologist. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th gurton ^CCoo^llyleimnsan Dawkins )eaj Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill JHTooh, onksson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr S_T,taet.ienberg6 Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 262 JOURNAL OF THE SENATE Those not answering were Senators: Bishop Huggins Ragan of 10th Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Dean of the 31st introduced the chaplain of the day, Reverend Joe E. Edwards, pastor of the Cartersville Church of God, Cartersville, Georgia, who offered scripture read ing and prayer. The following resolutions of the Senate were read and adopted: SR 411. By Senator Broun of the 46th: A resolution commending the 1991 University of Georgia football team and head coach Ray Goff. SR 413. By Senator Dean of the 31st: A resolution commending the 1991 State AA Championship Cartersville High School Purple Hurricane football team and Coach Mike Earwood. SR 415. By Senator Ray of the 19th: A resolution recognizing and commending Youth Art Month. SR 422. By Senators Tysinger of the 41st, Coleman of the 1st and Burton of the 5th: A resolution recognizing the contributions of the engineering profession in Geor gia and declaring February 11, 1992, as "Engineers Day" in Georgia. SR 424. By Senators Bowen of the 13th, Timmons of the llth, Moye of the 34th and others: A resolution commending the firefighters of Georgia and observing the 20th an nual Firelighters' Recognition Day. Senator Baldwin of the 29th introduced Coach Gary Guthrie and the LaGrange High School Football Team, having been commended by SR 397, adopted previously, as 1991 4AAAA State Champions, and he briefly addressed the Senate. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1204. By Representative Birdsong of the 104th: A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property, so as to provide that the proposed relocation of county offices located in certain county courthouses must be submitted to voters of the county for approval or rejection. WEDNESDAY, FEBRUARY 5, 1992 263 The following bill of the House was read the first time and referred to committee: HB 1204. By Representative Birdsong of the 104th: A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property, so as to provide that the proposed relocation of county offices located in certain county courthouses must be submitted to voters of the county for approval or rejection. Referred to the Committee on Urban and County Affairs (General). The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Wednesday, February 5, 1992 EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 559 Tysinger, 41st Burton, 5th Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act revising, superseding, and consolidating the laws; re lating to the governing authority of DeKalb County. HB 1111 Huggins, 53rd Ramsey, 54th CATOOSA COUNTY A bill to amend an Act placing the judge of the Probate Court and the clerk of the Superior Court on annual salary, in Catoosa County. HB 1172 Kidd, 25th JONES COUNTY A bill to amend an Act creating the Board of Commissioners of Jones County. HB 1226 Pollard, 24th OGLETHORPE COUNTY A bill to provide for the compensation of the coroner and deputy coroner of Oglethorpe County. HB 1112 Huggins, 53rd Ramsey, 54th CATOOSA COUNTY A bill to amend an Act creating the office of commissioner so as to reapportion the commissioner districts for the purpose of electing members of the board of commissioners. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. 264 JOURNAL OF THE SENATE On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols 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 Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Alien Deal Edge Hooks Shumake Taylor Walker of 43rd On the passage of all the local bills, the yeas were 48, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. Senator Newbill of the 56th introduced the doctors of the day, Dr. Elizabeth Clark and Dr. Thomas Price, of Marietta, Georgia. SENATE CALENDAR Wednesday, February 5, 1992 EIGHTH LEGISLATIVE DAY SB 445 Employees' Retirement--credit for Judicial Council employment (Substitute) (Ret--24th) SB 447 Employees' Retirement--credit for certain part-time, legislative branch (Substi tute) (Ret--38th) SB 473 Search Warrants--time limit on filing complaint (Substitute) (Judy--49th) SB 474 Boat Safety Act--operating water devices under influence (Judy--49th) SB 486 State Court Judge--three year resident of state (Judy--45th) SB 487 Habitual Impaired Driving--provide for ofTense (Judy--45th) SB 489 Driving Under The Influence--implied consent (Judy--45th) SB 496 Sheriff's Services in Civil Cases--change fees (Gov Op--54th) SB 504 Grand Juries/Service--non English-speaking persons (S Judy--50th) SB 522 Safe Dams Act--filing of orders by Environmental Protection Division (Nat R--20th) WEDNESDAY, FEBRUARY 5, 1992 265 The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 445. By Senator Pollard of the 24th: A bill to amend Code Section 47-2-96 of the Official Code of Georgia Annotated, relating to prior service credit and payments required to obtain credit in the Employees' Retirement System of Georgia, so as to provide that certain members shall be entitled to creditable service for employment by the Judicial Council of Georgia; to provide for employee contributions; to provide for related matters; to provide conditions for an effective date and automatic repeal. 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 G.B. Pollard, Jr. State Senator FROM: G.W. Hogan, State Auditor DATE: February 25, 1991 SUBJECT: Senate Bill 445 (LC 21 1094) Employees' Retirement System This bill authorizes prior service credit in the Employees' Retirement System by any member who rendered service as an employee of the Judicial Council of Georgia or its pred ecessor agency, the Governor's Commission on Judicial Processes. Application for such credit shall not be later than June 30, 1993. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G.W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to SB 445: A BILL To be entitled an Act to amend Part 4 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to provisions applicable to employees of certain state departments relative to the Employees' Retirement System of Georgia, so as to pro vide that certain persons shall be entitled to creditable service for employment by the Judi cial Council of Georgia and the Council of Juvenile Court Judges; to provide for employee contributions; to provide for related matters; to amend Code Section 47-2-334, relating to service retirement allowance and related matters relative to certain members of the Employ ees' Retirement System of Georgia, so as to provide an exception thereto; to provide condi tions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 8 of Chapter 2 of Title 47 of the Code of Georgia Annotated, relating to provisions applicable to employees of certain state departments relative to the 266 JOURNAL OF THE SENATE Employees' Retirement System of Georgia, is amended by adding immediately following Code Section 47-2-203 a new Code Section 47-2-204 to read as follows: "47-2-204. Any member subject to the provisions of Code Section 47-2-203 may receive service credit for all prior service rendered as an employee of the Judicial Council of Georgia or its predecessor agency, the Governor's Commission on Judicial Processes, or the Council of Juvenile Court Judges, provided that: (1) Such members shall pay a contribution of 1V4 percent per year on compensation received for each such year plus 4'/2 percent interest on such employee contributions, com pounded annually to the date of payment; and (2) An amount shall be paid to the retirement system from funds appropriated or other wise available for the operation of the judicial branch of state government in an amount equal to the normal employer contribution which would have been paid on behalf of the member if the member had been a member of the retirement system during the period for which service is granted plus 4V4 percent interest on such employer contributions, com pounded annually to the date of payment; and provided, further, that no such service shall be deemed as creditable under any provi sions of this chapter if such service has or will be used in the determination of any member's eligibility for his retirement benefits or allowances for any other retirement system, exclud ing social security and those retirement programs covered under Public Law 810, 80th Con gress, as amended. Any member claiming creditable service under this subsection shall make application to the board not later than June 30, 1993." Section 2. Code Section 47-2-334, relating to service retirement allowance and related matters relative to certain members of the Employees' Retirement System of Georgia, is amended by striking in its entirety paragraph (2) of subsection (f) and inserting in lieu thereof a new paragraph to read as follows: "(2) Except as otherwise provided in Code Section 47-2-204 and 47-2-266, no service shall constitute creditable service except membership service for which the full rate of em ployee membership contributions and employer contributions is made pursuant to subsec tions (c) and (d) of this Code section; and". Section 3. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable G.B. Pollard, Jr. State Senator FROM: G.W. Hogan, State Auditor DATE: May 24, 1991 SUBJECT: Senate Bill 445 (Substitute) (LC 21 1236S) Employees' Retirement System This bill authorizes prior service credit in the Employees' Retirement System by any WEDNESDAY, FEBRUARY 5, 1992 267 member who rendered service as an employee of the Judicial Council of Georgia or its pred ecessor agency, the Governor's Commission on Judicial Processes, or the Council of Juvenile Court Judges. Application for such credit shall not be later than June 30, 1993. The bill also provides for certain employee contributions required to obtain prior service credit. This is to certify that the changes made to this substitute bill are fiscal amendments as defined in the Public Retirement Systems Standards Law. M G.W.Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: MEMORANDUM Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G.W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary -- Senate Bill 445 (LC 21 1236S) Employees' Retirement System This bill authorizes prior service credit in the Employees' Retirement System by any member who rendered service as an employee of the Judicial Council of Georgia or its pred ecessor agency, the Governor's Commission on Judicial Processes, or the Council of Juvenile Court Judges. Application for such credit shall not be later than June 30, 1993. The bill also provides for certain employee contributions required to obtain prior service credit. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 655,295 (2) The amount of annual normal cost which will result from the bill. $ 56,000 (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 56,000 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment kl G.W.Hogan State Auditor 268 JOURNAL OF THE SENATE BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 October 4, 1991 Hon. G.W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: Senate Bill 445 (LC 21 1236S) As requested, we have made an actuarial investigation of the impact of Senate Bill 445 (LC 21 1236S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide that certain persons shall be entitled to creditable service for employment by the Judicial Council of Georgia and the Council of Juvenile Court Judges under the Employees' Retirement System. The increase in the unfunded accrued liability as a result of this Bill would be $655,295. The annual cost to the System would be about $56,000 for the first year. The following table shows the unfunded actuarial accrued liability and recommended employer contributions under the Employees' Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Before Amendment $ 1,053,440 After Amendment $ 1,054,095 Increase $ 655 Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal 4.97% $ 79,520 4.97% $ 79,520 0% $0 Accrued Liability 5.67 90,720 5.67 90,776 0 56 Cost-of-Living 1.75 28,000 1.75 28,000 0 0 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,296 0% $ 56 4.75 76,000 4.75 76,000 0 0 Total 17.14% $ 274,240 17.14% $ 274,296 0% $ 56 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Donald M. Overholser Consulting Actuary On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted. WEDNESDAY, FEBRUARY 5, 1992 269 The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Brown of 26th Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Huggins Johnson Kidd Langford Marable Moye Perry Those voting in the negative were Senators: Pollard Ragan of 10th Ramsey Ray Scott Steinberg Tate Timmons Turner Walker of 22nd Walker of 43rd White Albert Broun of 46th Burton Coleman Collins Hammill Hill Perdue Those not voting were Senators: Robinson Starr Taylor Tysinger Clay Deal Hooks Newbill Phillips Ragan of 32nd Shumake Thompson On the passage of the bill, the yeas were 36, nays 12. The bill, having received the requisite constitutional majority, was passed by substitute. SB 447. By Senator Tate of the 38th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, so as to authorize cred itable service for certain part-time employment by the legislative branch of state government; to provide for a definition. 270 JOURNAL OF THE SENATE 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 Horace E. Tate State Senator FROM: G.W. Hogan, State Auditor DATE: March 22, 1991 SUBJECT: Senate Bill 447 (LC 7 8001) Employees' Retirement System -- Part-time Legislative Service This bill would authorize members of the Employees' Retirement System (ERS) to ob tain creditable service for certain part-time employment by the legislative branch of state government. The bill also identifies the amount of service that can be claimed and required employee contributions. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement System Standards Law. /s/ G.W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to SB 447: A BILL To be entitled an Act to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, so as to authorize up to five years of creditable service for certain part-time employment by the legislative branch of state government; to provide for a definition; to provide for employee contributions; to provide procedures for application for such credit; to make an exception to the requirement that only membership service shall be creditable service for members employed after a cer tain date; to provide for other matters relative to the foregoing; to provide for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relative to the Employees' Retirement System of Georgia, is amended by adding immediately following Code Section 47-2-96, relating to credit for prior service, a new Code Section 47-2-96.1 to read as follows: "47-2-96.1. (a) As used in this Code section, 'part-time service' means employment by the legislative branch of the state government prior to January 1, 1992, on a basis that did not qualify the employee to be a member of the retirement system. (b) Any member who was rendering part-time service immediately prior to becoming a full-time employee eligible for membership in the retirement system may obtain no more than five years of creditable service for such part-time service, subject to the following requirements: (1) One month of creditable service shall be granted for each 20 days of part-time ser vice, not to exceed 12 months of creditable service for all part-time service rendered during any single calendar year, and provided that no creditable service shall be granted for less than 60 days of part-time service during a calendar year; and (2) The member claiming such creditable service shall pay to the board of trustees the WEDNESDAY, FEBRUARY 5, 1992 271 employer and employee contribution that would have been paid to the retirement system if the member had been a member during the period for which creditable service is claimed based on compensation actually received for the part-time service which is claimed as cred itable service together with regular interest thereon. (c) The board of trustees shall require such proof of part-time service and compensation received therefor as may be necessary to carry out the provisions of this Code section. (d) In order to obtain creditable service under this Code section, a member must make application to the board of trustees not later than January 1, 1994." Section 2. Said chapter is further amended by striking paragraph (2) of subsection (f) of Code Section 47-2-334, relating to retirement benefits and requirements for members em ployed on or after a certain date, in its entirety and inserting in lieu thereof a new para graph (2) to read as follows: "(2) Except as otherwise provided in Code Section Sections 47-2-96.1 and 47-2-266, no service shall constitute creditable service except membership service for which the full rate of employee membership contributions and employer contributions is made pursuant to subsections (c) and (d) of this Code section; and". Section 3. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G.W. Hogan, State Auditor DATE: January 13, 1992 SUBJECT: Senate Bill 447 (Substitute) (LC 21 1297S) Employees' Retirement System As amended, this bill would authorize members of the Employees' Retirement System to obtain up to five years of creditable service for certain part-time employment by the legislative branch of government. In order to obtain such creditable service, members would have to be employed prior to January 1, 1992 and apply for the service by January 1, 1994. The bill also identifies the amount of service that can be claimed and requires the member to pay the employer and employee contribution that would have been paid to the retirement system during the period for which creditable service is claimed. This is to certify that the changes made in this substitute bill (limiting to five years the amount of creditable service that can be obtained for certain part-time legislative employees employed prior to January 1, 1992) are a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. An actuarial study of the bill as amended is attached. /s/ G.W. Hogan State Auditor 272 JOURNAL OF THE SENATE 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 Horace E. Tate, Chairman Senate Retirement Committee FROM: G.W. Hogan, State Auditor DATE: January 13, 1992 SUBJECT: Actuarial Investigation Summary -- Senate Bill 447 (Substitute) (LC 21 1297S) Employees' Retirement System As amended, this bill would authorize members of the Employees' Retirement System to obtain up to five years of creditable service for certain part-time employment by the legislative branch of government. In order to obtain such creditable service, members would have to be employed prior to January 1, 1992 and apply for the service by January 1, 1994. The bill also identifies the amount of service that can be claimed and requires the member to pay the employer and employee contribution that would have been paid to the retirement system during the period for which creditable service is claimed. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 120,000 (2) The amount of annual normal cost which will result from the bill. $___0 (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 8,341 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G.W. Hogan State Auditor WEDNESDAY, FEBRUARY 5, 1992 273 BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 January 9, 1992 Hon. G.W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: Senate Bill 447 (LC 21 1297S) As requested, we have made an actuarial investigation of the impact of Senate Bill 447 (LC 21 1297S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would authorize creditable service for certain part-time employment by the legislative branch of state government. On the basis of sample information submitted by ERS, the additional employer cost is estimated to be about $1,200 for each eligible employee to purchase one year of service. If 100 employees purchase an average of one year of service, the additional unfunded actuarial accrued liability would be $120,000. The additional annual contribution would be $8,341, based on 20 year amortization of the unfunded liability. The following table shows the unfunded actuarial accrued liability and recommended employer contributions under the System before and after the proposed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Before Amendment $ 1,053,440 After Amendment $ 1,053,560 Increase $ 120 Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal 4.97% $ 79,520 4.97% $ 79,520 0% $0 Accrued Liability 5.67 90,720 5.67 90,728 0 8 Cost-of-Living 1.75 28,000 1.75 28,000 0 0 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,248 0% $8 4.75 76,000 4.75 76,000 0 0 Total 17.14% $ 274,240 17.14% $ 274,248 0% $8 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Donald M. Overholser Consulting Actuary 274 JOURNAL OF THE SENATE On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Brown of 26th Gillis Henson Huggins Kidd Langford Scott Tate Walker of 43rd Those voting in the negative were Senators: Albert Alien Baldwin Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Hill Hooks Johnson Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Taylor Thompson Turner Tysinger White Those not voting were Senators: Phillips Shumake Timmons Walker of 22nd On the adoption of the substitute, the yeas were 10, nays 42, and the substitute was lost. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Bowen Brown of 26th Gillis Kidd Langford Moye Ragan of 10th Tate Those voting in the negative were Senators: Albert Alien Baldwin Broun of 46th Burton (4) Post and maintain a notice showing both the days on which his office is open for the purpose of collecting taxes and also the office hours of his office; (6) (S)Publish at the door of the courthouse for 30 days his insolvent lists including, but not limited to, the taxes of each person on the insolvent list; 4?) (6) (A) Pay the tax receiver his commissions upon the production of the commis sioner's receipt for his digest together with a specification therein of the amount of commis sions to which he is entitled; and (B) Submit the tax receiver's receipts together with his receipts thereon to the commis sioner before he shall be allowed credits for such commissions; (8) (7) Conform to such rules as may be furnished and obey such orders as may be given by the commissioner; (9) (8) (A) Issue executions against all tax defaulters and insolvents who are residents of the county in which the tax collector holds office, for each year preceding his election and for the years for which he is elected; (B) Collect the tax due from defaulters; and (C) Pay over the tax collected from defaulters to the proper authorities; (9) Keep a permanent qualification or voters' book and make up the registration lists, as provided by Article 6 of Chapter 2 of Title 21; and ftt) (10) Perform all other duties that the law requires and which necessarily under the law appertain to the office of tax collector." Section 3. Said chapter is further amended by striking in its entirety Code Section 48-5- 448 JOURNAL OF THE SENATE 136, relating to the schedule of defaulters, and inserting in lieu thereof a new Code Section 48-5-136 to read as follows: "48-5-136. The tax collector or tax commissioner shall diligently search out defaulters and any taxable property in his county not returned by the tax receiver and shall ascertain the names of the defaulters and the amount of taxable property in default and enter the information in a book to be kept by him for that purpose, ahall set forth in all caaco the real value of the property, and shall collect the taxes on the property as provided by law for the collection of other taxes. One copy of the schedule of defaulters shall be furnished by the tax collector or tax commissioner to the commiaaoncr commissioner at the time of his final settlement with the commissioner and one copy shall be furnished to the tax receiver, who shall correct his digest accordingly." Section 4. Said chapter is further amended by striking in their entirety paragraphs (10) and (11) of subsection (b) of Code Section 48-5-263, relating to qualifications and duties of tax appraisers, and inserting in lieu thereof the following: "(10) Comply with the rules and regulations for staff duties established by the commis sioner; and (11) Inspect mobile homes located in the county to determine if the proper decal is attached to and displayed on the mobile home by the owner as provided by law; notify the residents of those mobile homes to which a decal is not attached of the provisions of Code Sections 48-5-492 and 48-5-493; and furnish to the tax collector or tax commissioner a peri odic list of those mobile homes to which a decal is not attached; and T (12) Search out and ascertain as far as possible all taxable property not returned to the tax receiver or not found in the tax receiver's digests." Section 5. Said chapter is further amended by striking in its entirety subsection (a) of Code Section 48-5-299, relating to the ascertainment of taxable property, and inserting in lieu thereof a new subsection (a) to read as follows: "(a) It shall be the duty of the county board of tax assessors and the tax appraisal staff to investigate diligently and to inquire into the property owned in the county for the purpose of ascertaining what real and personal property is subject to taxation in the county and to require the proper return of the property for taxation. The board shall make such investi gation as may be necessary to determine the value of any property upon which for any reason all taxes due the state or the county have not been paid in full as required by law. In all cases where the full amount of taxes due the state or county has not been paid, the board shall assess against the owner, if known, and against the property, if the owner is not known, the full amount of taxes which has accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the board may proceed to assess the taxes against the owner of the prop erty according to the best information obtainable; and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed." Section 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 37, nays 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 of 46th Brown of 26th FRIDAY, FEBRUARY 7, 1992 449 Burton Clay Coleman Collins Dawkms eal Ed Eean English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd TLangfrordJ Marable Move Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Steinberg rTr,at. e Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Henson Ray Scott 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. SB 560. By Senator Pollard of the 24th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date. The Senate Committee on Insurance and Labor offered the following substitute to SB 560: A BILL To be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete references to an obsolete statute; 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 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by striking paragraph (4) of subsection (b) of Code Sec tion 34-8-49, relating to the definition of wages, in its entirety and inserting in its place a new paragraph (4) to read as follows: "(4) Any remuneration paid for services by an alien, unless such alien is an individual who was lawfully admitted for permanent residence at the time such services were per formed, was lawfully present for purposes of performing such services, or otherwise was permanently residing in the United States under color of law, including an alien who was lawfully prcacnt in the United Statca as a result of the application of the provisions of Section 203(a)(7) or Section 212(d)(6) of the federal Immigration and Nationality Act;" Section 2. Said chapter is further amended by striking Code Section 34-8-175, relating 450 JOURNAL OF THE SENATE to the payment of contributions when an employing unit sells or transfers business or stock of goods, in its entirety and inserting in its place a new Code Section 34-8-175 to read as follows: "34-8-175. Any employing unit which sells or transfers its business or stock of goods shall file all required tax and wage reports and pay all contributions, administrative assess ments, interest, and penalties within 30 days after such sale or transfer. Such reports and payments shall include all wages for employment up to the date of the sale or transfer. The purchaser, transferee, successor, or assignee shall withhold a sufficient amount from the purchase money to cover the amount of all contributions, administrative assessments, inter est, and penalties due and unpaid by the seller or transferor. If the seller or transferor fails to make required payments within the 30 days specified, then the purchaser, transferee, successor, or assignee shall pay the money so withheld. If the purchaser, transferee, succes sor, or assignee fails to do so, it shall become liable for such contributions, administrative assessments, interest, and penalties. After 30 days the purchaser, transferee, or successor will also become jointly and severally responsible with the predecessor for filing of any de linquent reports. If the payment of moneys is not involved in the sale or transfer, such seller purchaser shall withhold the performance of the condition that constitutes the consideration for the transfer until the Commissioner certifies that all reports have been filed and all contributions, administrative assessments, interest, and penalties have been paid." Section 3. Said chapter is further amended by striking subsection (b) of Code Section 34-8-192, relating to initial determination and redetermination of eligibility for and duration and amount of benefits, in its entirety and inserting in its place a new subsection (b) to read as follows: "(b) Whenever a determination involves the application of paragraph (4) of Code Sec tion 84-8-106 34-8-194 or involves multiple claimants and difficult issues of fact or law, the Commissioner may appoint a panel of three administrative hearing officers for hearing and decision in accordance with subsection (a) of Code Section 34-8-220. The claimant and any other parties to the determination or redetermination shall be promptly notified of the deci sion and the reasons therefor." Section 4. Said chapter is further amended by striking paragraph (1) of subsection (c) of Code Section 34-8-196, relating to the determination of eligibility for benefits of persons performing certain services, in its entirety and inserting in its place a new paragraph (1) of subsection (c) to read as follows: "(1) Benefits shall not be paid to an individual based on services performed by an alien unless such alien was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was per manently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully prcaent in the United States as a result of the application of the provisions of Section 20S(a)(7) or Section 212(d)(6) of the federal Immigration and Nationality Act." 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 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: FRIDAY, FEBRUARY 7, 1992 451 Those voting in the affirmative were Senators: Albert - Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Foster Garner Gillis Harris Hasty Henson Hill Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr CCloalyeman CDoalwliknisns Deal Dean Echols Edge Egan English HHouoggksins JKoihdndson Marable Moye Newbill Perdue Perry Phillips ,,Steinberg T* aayl,or Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Hammill Langford Ray 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. SB 564. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for the regulation of medicare sup plement insurance; to provide definitions; to provide for the applicability and scope of the chapter; to provide standards for policy provisions; to provide au thority to promulgate rules and regulations; to provide authority for the Commis sioner to issue reasonable regulations to establish minimum standards for loss ratios. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Burton Clay CCoollleimnsan Foster Garner Gillis Hammill Harris Hasty Henson HHiolol ks Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott g, S,,,tei.nb, erg Dawkins Deal Dean Echols Edge Egan English Huggins Kidd Marable Newbill Perdue Perry Phillips ate Taylor Thompson Turner Walker of 22nd Walker of 43rd White 452 JOURNAL OF THE SENATE Those not voting were Senators: Bowen Brown of 26th Johnson Langford Moye Ray Shumake Timmons Tysinger On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 248. By Senators Gillis of the 20th, Johnson of the 47th, Hammill of the 3rd and others: A resolution changing the name of Colonel's Island in Glynn County to Vandiver Island in honor of former Governor S. Ernest Vandiver. The Senate Committee on Natural Resources offered the following amendment: Amend SR 248 by inserting between lines 25 and 26 of page 2 the following: "BE IT FURTHER RESOLVED that the Georgia Ports Authority shall be authorized to erect such signs within a period of no less than three years as provided in this resolution." On the adoption of the amendment, the yeas were 0, nays 34, and the amendment was lost. Senators Hammill of the 3rd and Gillis of the 20th offered the following amendment: Amend SR 248 by inserting between lines 25 and 26 of page 2 the following: "Be it further resolved that this name change will become effective three (3) years from July 1, 1992." On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted. Senator Perry of the 7th moved that SR 248 be committed to the Senate Committee on Natural Resources. Senator Dean of the 31st moved the previous question. On the motion offered by Senator Dean of the 31st, which motion takes precedence, the yeas were 29, nays 2; the motion prevailed, and the previous question was ordered. The report of the committee, which was favorable to the adoption of the resolution as amended, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Broun of 46th Brown of 26th Deal Dean Edge Egan Garner Gillis Harris Hill Hooks Huggins Johnson FRIDAY, FEBRUARY 7, 1992 453 Kidd Perdue Pollard Ramsey Starr Steinberg Taylor Tysinger Those voting in the negative were Senators: Albert Burton Coleman Collins Dawkins Echols English Foster Hammill Hasty Henson Marable Moye Newbill Perry Phillips Ragan of 10th Ragan of 32nd Robinson Scott Thompson Turner Walker of 43rd White Those not voting were Senators: Alien Bowen Clay Langford Ray Shumake Tate Timmons Walker of 22nd On the adoption of the resolution, the yeas were 23, nays 24. The resolution, having failed to receive the requisite constitutional majority, was lost. Senator Gillis of the 20th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SR 248. SR 377. By Senator Kidd of the 25th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water distribution line in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton XColfl.imnsan DD-L/eadW awlKk.iIInlOs D ean Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson H,,ill , ,HH_uogogkis.ns Johnson Kidd Marable Moye Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson S<-,c, ott bSntiteam" b1 erg Taylor Thompson Tysinger Walker of 43rd White 454 JOURNAL OF THE SENATE Those voting in the negative were Senators: Echols Perry Turner Those not voting were Senators: Alien Bowen Clay Langford Newbill Ray Shumake Tate Timmons Walker of 22nd On the adoption of the resolution, the yeas were 43, nays 3. The resolution, having received the requisite constitutional majority, was adopted. The following communication from Honorable Max Cleveland, Secretary of State, was received and read by the Secretary: STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearances as of February 7, 1992, in accordance with Georgia Law 1970, page 695; as the same appears of file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 7th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (SEAL) /s/ Max Cleland Secretary of State 20/20 Vision Joan 0. King Rt. 1, Box 1037 Sautee, Georgia 30571 (404) 878-3459 Alpharetta Elementary PTA Peter R. Terhorst 1450 Morrison Parkway Alpharetta, Georgia 30201 (404) 442-2402 American Honda Motor Co., Inc. Peter R. Terhorst 1450 Morrison Parkway Alpharetta, Georgia 30201 (404) 442-2402 American International Group Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Atlanta Bicycle Campaign Patricia M. Richardson 324 Arizona Avenue, N.E. Atlanta, Georgia 30307 (404) 377-9743 Henry Slack 139 Erie Avenue Decatur, Georgia 30030 (404) 377-8931 Atlanta Chamber of Commerce Brenda Sullivan 235 International Blvd. Atlanta, Georgia 30301 (404) 586-8411 Gerald L. Bartels 235 International Blvd. Atlanta, Georgia 30301 (404) 586-8411 FRIDAY, FEBRUARY 7, 1992 455 Charles Van Ryselberge 235 International Blvd. Atlanta, Georgia 30301 (404) 586-8411 Susan Neugent 235 International Blvd. Atlanta, Georgia 30301 (404) 586-8411 Bank South Corporation "Bucky" Kimsey, III P.O. Box 4387 Atlanta, GA 30302 (404) 529-4784 Boiler Segars & Assoc., Inc. Wanda Segars P.O. Box 8627 Atlanta, Georgia 30306 (404) 872-2373 Boiler, Segars & Association Quintus W. Sibley Suite 2080 999 Peachtree Street, N.E. Atlanta, Georgia 30309 (404) 881-0183 Brotherhood of Maintenance of Way Employees Ron Davis Route 3, Box 297 Vidalia, Georgia 30474 (912) 537-4332 Campaign for a Prosperous Georgia Lynne Christian 10 East Park Square Room 410 Marietta, Georgia 30090-9612 (404) 425-9282 Cauthorn & Phillips Richard H. Stancil 100 Galleria Parkway Suite 1500 Atlanta, Georgia 30339 (404) 984-1600 Chairman, State Bd. of Pardons & Paroles Wayne Snow, Jr. 2 MLK Jr. Drive, S.E. 5th Floor Atlanta, Georgia 30334 (404) 656-5651 CHD Public Relations Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, GA 30309 (404) 888-7342 Childrens' Legislative Action CommitteeClayton Co. Ann Rotroff 8307 Creekridge Circle Riverdale, Georgia 30296 (404) 471-1282 Citizen for Nader' 92 Paula Smalarz 1773 Neely Avenue East Point, Georgia 30344 (404) 763-3123 Coalition for Equality of African American State Employees Ola J. Williams Suite 389 7742 Spalding Drive, N.E. Norcross, Georgia 30092 (404) 417-9773 Cobb County School Bus Drivers Association Jeff Jenkins 1014 Beech Street Marietta, Georgia 30062 (404) 427-3436 Betty Jenkins 1014 Beech Street Marietta, Georgia 30062 (404) 427-3436 Comm. Workers of America Local 3263 Frank H. Satterfield, Jr. 1380 Branch Drive Tucker, Georgia 30084 (404) 491-3704 Communications Workers Local #3263 Gerald H. Lynch 6054 Singleton Road Norcross, Georgia 30039 (404) 923-5580 Council Of Magistrate Court Judges, Inc. Magistrate Court of Dekalb County Ron Jayson 4400 Memorial Drive Decatur, Georgia 30032 (404) 294-2150 Crime Victims Compensation Bd. David Moskowitz 910 Church Street Decatur, Georgia 30031 (404) 373-4600 Dekalb Chamber of Commerce Marilyn Johnson 750 Commerce Drive Decatur, Georgia 30031 (404) 378-8000 456 JOURNAL OF THE SENATE C. Parker Hardy, III 750 Commerce Drive Decatur, Georgia 30030 (404) 378-8000 Denturist Association of Georgia Receda Gray 9911 Pine Shadow Drive Dallas, Georgia 30132 (404) 445-0498 Dee Gray 6107 Cowan Mill Road Douglasville, Georgia 30135 (404) 920-0089 Dial Page, Inc. Walt Sapronov 2970 Clairmaon Road Suite 600 Atlanta, Georgia 30329 (404) 325-8196 Dickerson Middle School Lou Holdsmith 1617 Bryn Mawr Circle Marietta, Georgia 30068 (404) 973-4355 Dupont/Conoco Sam Poole One American Place Baton Rouse, Louisiana 70825 (504) 344-3201 Easley McCaleb & Stallings, Ltd. Brian A. Perry 3980 Dekalb Technology Pkwy. Suite 755 Atlanta, Georgia 30340 (404) 454-9998 Eli Lilly & Co. Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Financial Life Insurance Company Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Foreign Language Association of Georgia Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Ga. Association of Assessing Officers (GAAO) Guy E. Wood 141 Pryor Street Atlanta, Georgia 30303 (404) 730-6440 Ga. Learning Resource Center Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Ga. Motor Vehicle Pawnbrokers Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Ga. OB-GYN Society Brenda Fitzgerald, M.D. 100 Professional Park Carrollton, Georgia 30117 (404) 834-9711 Ga. School Food Service Association Richard H. Stancil 100 Galleria Parkway Suite 1500 Atlanta, Georgia 30339 (404) 984-1600 Ga. Society of Respiratory Care Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Ga. State Games Commission Nick Gailey 1201 West Peachtree Street, N.E. Suite 3095 - One Atlantic Center Atlanta, Georgia 30309 (404) 877-7578 Ga. Transit Association, Legislative Liaison Lynne Christian 10 East Park Square Room 410 Marietta, Georgia 30090-9612 (404) 425-9282 Georgia Association of Realtors Quinton S. King 843 Dalrymple Road Atlanta, Georgia 30328 (404) 392-0770 FRIDAY, FEBRUARY 7, 1992 457 Georgia Chamber of Commerce Robert Mowrey 1201 West Peachtree Street Atlanta, Georgia 30309-3424 (404) 881-7242 Georgia Council of Public Libraries Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Georgia Council On Aging Crystal Ball, Ph.D. 878 Peachtree Street N.E. Atlanta, Georgia 30309 (404) 894-2083 Georgia Council On Child Abuse Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Georgia Environmental Facilities Authority Timothy J. Grogg Suite 2015 100 Peachtree Street, N.W. Atlanta, Georgia 30303 (4040 656-0938 Mike Jones 2015 Equitable Building 100 Peachtree Street Atlanta, Georgia 30303 (404) 656-0938 Georgia Federation of Christian Colleges Dr. David Dickerson Rt. 4, Box 143-B Fairburn, Georgia 30213 (404) 761-8343 Georgia Hospitality & Travel Association George Chambliss 375 Riverview Drive Jekyll Islands, Georgia 31527 (404) 635-2236 Georgia Library Association Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Georgia Library Media Association Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Georgia Recreation & Park Association George Chambliss 375 Riverview Drive Jekyll Islands, Georgia 31527 (404) 635-2236 Georgia Right To Life Kel MacDonald P.O. Box 81474 Atlanta, Georgia 30366 (404) 454-7612 Georgia School Superintendents' Association Rhonda Hefner Packer G-4 Aderhold Athens, Georgia 30602 (404) 542-4630 Georgians Against Nuclear Energy Patricia M. Richardson 324 Arizona Avenue, N.E. Atlanta, Georgia 30307 (404) 377-9743 Hair Metric System Curtis A. Singleton P.O. Box 38185 Atlanta, Georgia 30334 (404) 656-0131 Health Insurance Association of America Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Int'l. Assoc. of Machinist - Local Lodge #23 Calvin L. Kinsey P.O. Box 7545 Savannah, Georgia 31408 (912) 964-7436 International Association of Machinist William T. Rogers 5005 Riverdale Road College Park, Georgia 30337 (404) 996-6840 John Travis 5005 Riverdale Road College Park, Georgia 30213 (404) 996-6840 458 JOURNAL OF THE SENATE International Brotherhood Of Teamsters Randy A. Logan 1355 North Crossing Drive "Atlanta, Georgia 30329 (404) 320-9645 Michael E. Mathis 271 Sarah Lane Lawrenceville, Georgia 30245 (404) 963-8163 Jekyll Island-State Park Authority George Chambliss 375 Riverview Drive Jekyll Islands, Georgia 31527 (404) 635-2236 John Marshall Law School David Fenster 805 Peachtree Street Suite #400 Atlanta, Georgia 30308 (404) 872-3593 Lake Lanier Islands Development Authority R. L. Burson 6950 Holiday Road Lk. Lanier Island, Georgia 30518 (404) 932-7210 League Of Women Voters Of Georgia Sally Fitzgerald 100 Edgewood Avenue Suite 1010 Atlanta, Georgia 30303 (404) 522-8683 Mag Mutual Insurance Company Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Mestizo Arts & Cultural Dance Studio Curtis A. Singleton P.O. Box 38185 Atlanta, Georgia 30334 (404) 656-0131 Metro Solicitors' Association Ralph Bowden County Courthouse Decatur, Georgia 30030 (404) 371-7046 Mothers of Murdered Sons (MOMS) Curtis A. Singleton P.O. Box 38185 Atlanta, Georgia 30334 (404) 656-0131 Mt. Bethel Elementary PTA Susan Hawkins 4649 Villa Ridge Road Marietta, Georgia 30068 (404) 977-9437 Mt. Bethel Elementary School Lou Holdsmith 1617 Bryn Mawr Circle Marietta, Georgia 30068 (404) 973-4355 Mutual Insurance Company Of Ga. Robert P. Constantine Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Ordinary Citizen Janice Sommer 2545 James Woods Road Goodhope, Georgia 30641 (404) 769-7658 Oyster Eater Bob Paine 729 Ponce De Leon Court Atlanta, Georgia 30308 (404) 876-7632 Primerica Corporation Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Private Rehabilitation Suppliers of Ga. Donald M. Syfert P.O. Box 420953 Atlanta, Georgia 30342 (404) 216-1416 Patricia B. Evans P.O. Box 2348 Stone Mountain, Georgia 30086-2348 (404) 593-2189 Private Rehabilitation Ola J. Williams Suite 389 7742 Spalding Drive, N.E. Norcross, Georgia 30092 (404) 417-9773 Real Estate Tax Services, Inc. Adrian Dekker 2840 Mt. Wilkinson Pkwy. Atlanta, Georgia 30339 (404) 432-0666 FRIDAY, FEBRUARY 7, 1992 459 Sane/Freeze: Campaign for Global Security Warren Whipple 1041 Williams Mill Road Atlanta, Georgia 30306 (404) 222-9866 Sankofa Cultural Dance Ensemble Curtis A. Singleton P.O. Box 38185 Atlanta, Georgia 30334 (404) 656-0131 School Social Workers Assoc. of Ga. Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Sheet Metal Workers Local 85 Donald Troy Wilson 1838 Stewart Avenue Atlanta, Georgia 30315 (404) 758-2689 Solicitors' Association Of Georgia Ralph Bowden County Courthouse Decatur, Georgia 30030 (404) 371-7046 Solicitors' Office, Dekalb County Ralph Bowden County Courthouse Decatur, Georgia 30030 (404) 371-7046 Southern Bicycle League Henry Slack 139 Erie Avenue Decatur, Georgia 30030 (404) 377-8931 State Bar of Georgia Quintus W. Sibley Suite 2080 999 Peachtree Street, N.E. Atlanta, Georgia 30309 (404) 881-0183 State Ethics Commission Steven E. Scheer P.O. Box 8205 Savannah, Georgia 31412 (912) 233-1271 State Merit System of Personnel Administration Minuard C. McGuire 200 Piedmont Avenue Suite 502 West Tower Atlanta, Georgia 30338 (404) 656-2507 Stedman Associates Donald R. Vaughan P.O. Box 265 Greensboro, North Carolina 27402 (919) 273-1415 Superior Court Clerks Association Of Ga. Dwight S. Wood P.O. Drawer 1275 Gainesville, Georgia 30503 (404) 531-7025 Teamster Local Union No. 528 Michael E. Mathis 271 Sarah Lane Lawrenceville, Georgia 30245 (404) 963-8163 Teamster Local Union No. 728 Michael E. Mathis 271 Sarah Lane Lawrenceville, Georgia 30245 (404) 963-8163 Teamsters Local Union No. 528 Randy A. Logan 1355 North Crossing Drive Atlanta, Georgia 30329 (404) 320-9645 Teamsters Union Local No. 728 Randy A. Logan 1355 North Crossing Drive Atlanta, Georgia 30329 (404) 320-9645 The Life Support System Betsy Duncan 660 Elkmont Drive Atlanta, Georgia 30306 (404) 876-2943 Ticketmaster, S.E. Howell W. Ragsdale Flatiron Bldg, Suite 601 Atlanta, Georgia 30303 (404) 581-0088 UNUM Life Insurance Company of America Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 460 JOURNAL OF THE SENATE Visiting Nurses Association Amy Barnes 120 Ralph McGill Blvd. Ste. 1605 Renaissance Square Atlanta, Georgia 30308 (404) 892-8135 Voyager Group, Inc. Robert P. Constantine, Jr. 1275 Peachtree Street, N.E. Suite 700 Atlanta, Georgia 30309 (404) 888-7342 Wallace Coopwood & Associates Wallace T. Coopwood 1325 Johnson Ferry Road Suite 204 Marietta, Georgia 30060 (404) 977-5996 Wallace Coopwood Curtis Davis, Jr. 670 Fair Street, S.W. Atlanta, Georgia 30312 (404) 577-7113 Walton High School Lou Holdsmith 1617 Bryn Mawr Circle Marietta, Georgia 30068 (404) 973-4355 Wand Womans Action For Nuclear Disarment Ruth T. Boozer 733 Lullwater Road Atlanta, Georgia 30307 (404) 371-9105 Waste Management, Inc. Ronald W. Hogan 2600 Delk Road Marietta, Georgia 30067 (404) 859-0800 Judith "J" Lynn Wade 2600 Delk Road Marietta, Georgia 30067 (404) 859-0800 Senator Garner of the 30th moved that the Senate stand in recess until 5:00 o'clock P.M. today, and then, pursuant to HR 830 adopted previously, stand adjourned until 10:00 o'clock A.M. Monday, February 10. At 12:05 o'clock P.M., the President announced the mo tion prevailed. MONDAY, FEBRUARY 10, 1992 461 Senate Chamber, Atlanta, Georgia Monday, February 10, 1992 Eleventh Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 7, had been read and found correct. Senator Gillis of the 20th moved that the Senate reconsider its action on Friday, Febru ary 7, in defeating the following resolution of the Senate: SR 248. By Senators Gillis of the 20th, Johnson of the 47th, Hammill of the 3rd and others: A resolution changing the name of Colonel's Island in Glynn County to Vandiver Island in honor of former Governor S. Ernest Vandiver. 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hooks Huggins Johnson Kidd Marable Moye Newbill Perry Pollard Ramsey Ray Robinson Starr Steinberg Thompson Timmons Turner Tysinger Those not voting were Senators: Albert Bowen Dawkins (excused) Henson Hill Langford Perdue Phillips Ragan of 10th Ragan of 32nd Scott Shumake Tate Taylor Walfeer f Walker of 43rd White (excused) On the motion, the yeas were 39, nay 0; the motion prevailed, and SR 248 was reconsid ered and placed at the foot of the Senate Calendar for today. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. 462 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: "Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1436. By Representatives Wilder of the 21st, Aiken of the 21st, Hammond of the 20th, Coker of the 21st, Vaughan of the 20th and others: A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the compensation of the chairman and other members of the board of education. HB 1443. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Board of Tax Administrators for Catoosa County. HB 1444. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Catoosa Utility District and board of utilities commissioners for Catoosa County. HB 1455. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act incorporating the City of Wrens in Jefferson County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the city councilmen. HB 1466. By Representatives Poston of the 2nd, McCoy of the 1st and Snow of the 1st: A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to redesignate the Town of Fort Oglethorpe as the City of Fort Oglethorpe. HB 1467. By Representative Mobley of the 64th: A bill to provide a new charter for the Town of Carl. HB 1492. By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th: A bill to amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Athens-Clarke County, so as to change the compen sation of the solicitor of the court. HB 1479. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th: A bill to provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled. HB 1481. By Representatives Clark of the 13th, Powell of the 13th, Thurmond of the 67th and McBee of the 68th: A bill to provide for homestead exemptions from Clarke County ad valorem taxes for county purposes and from Clarke County School District ad valorem taxes for educational purposes for certain residents of that county and school district. MONDAY, FEBRUARY 10, 1992 463 HB 1498. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to provide for homestead exemptions from Madison County ad valorem taxes for county purposes and from Madison County School District ad valorem taxes for educational purposes for certain residents of that county and school district. HB 1294. By Representatives Carrell of the 65th, Porter of the 119th, Mobley of the 64th, Dobbs of the 74th and Stancil of the 66th: A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to provide for the offense of homicide by aircraft. HB 1277. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that certain information filed in conjunction with birth certificates or information recorded in the putative father registry shall be admissible in proceedings to determine pa ternity and shall establish a prima-facie case of establishment of paternity. HB 1387. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: 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 on publicly owned or operated and not privately owned or operated lands and property. HB 631. By Representatives Twiggs of the 4th, Jenkins of the 80th, Mobley of the 64th and Colwell of the 4th: A bill to amend Code Section 35-8-9 of the Official Code of Georgia Annotated, relating to completion of the basic training course required under the "Georgia Peace Officer Standards and Training Act," so as to change the time within which a candidate is required to complete the basic training course after his ap pointment as a peace officer. HB 1325. By Representative Dixon of the 151st: A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, so as to designate Pogo as the official Georgia State 'Possum. HB 1156. By Representatives Streat of the 139th, Twiggs of the 4th, Dobbs of the 74th, Dover of the llth, Coleman of the 118th and others: A bill to amend Code Section 16-11-100 of the Official Code of Georgia Anno tated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Section 43-48-11 of the Official Code of Georgia Annotated, relating to investigation of complaints, so as to pro vide for the suspension, revocation, or refusal to renew such license. 464 JOURNAL OF THE SENATE HB 1382. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to provide that the governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services through its state court. HB 1234. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 653. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th, Taylor of the 94th, Harris of the 96th and others: A resolution designating the Samuel Frank Morast, Jr., Highway. HR 713. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the J. E. "Ted" McTyre Parkway. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 630. By Senators English of the 21st, Hasty of the 51st, Ragan of the 10th and others: A bill to amend Chapter 15 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Aquaculture Development Act," so as to provide for aquaculture registration; to amend Title 27 of the Official Code of Georgia Anno tated, known as the "Game and Fish Code," so as to change certain definitions; to change certain provisions relating to fish and the sale of fish by commercial fish hatcheries; to provide for other matters relating to fish and aquaculture. Referred to Committee on Agriculture. SB 631. By Senator Edge of the 28th: A bill to amend Code Section 13-10-21 of the Official Code of Georgia Annotated, relating to the authorization and procedure for the creation and maintenance of escrow accounts by state or political subdivisions, so as to provide that in lieu of the retained amounts provided for in Code Section 13-10-20, any department, agency, or instrumentality of the state or any political subdivision of the state shall insert a clause in the specifications of all contracts providing for an alter nate procedure for the maintenance of an escrow account. Referred to Committee on Special Judiciary. SB 632. By Senator Kidd of the 25th: A bill to amend Code Section 46-8-21 of the Official Code of Georgia Annotated, relating to the powers of the Public Service Commission regarding railroads gen erally, so as to provide that the commission shall have the power and authority to provide that any railroad company which carries rail traffic over three million MONDAY, FEBRUARY 10, 1992 465 tons gross annually is prohibited from selling or otherwise transferring such rail road lines unless the purchaser or transferee agrees to honor existing labor contracts. Referred to Committee on Finance and Public Utilities. SB 633. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, and executions, so as to change the population brackets and provisions relating to the United States decennial census relative to penalties in certain counties; to provide for authority for this Act. Referred to Committee on Urban and County Affairs (General). SB 634. By Senators Garner of the 30th, English of the 21st and Gillis of the 20th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to prohibit carrying children under a certain age as passengers on bicycles; to require use of bicycle paths under certain conditions; to require the use of bicycle helmets by minors under a certain age. Referred to Committee on Youth, Aging and Human Ecology. SB 635. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to clarify the sentencing provision for a defendant convicted of a fourth or subsequent offense of shoplifting: to provide that a fourth or subsequent offense is a felony; to provide a penalty; to provide an effective date; to provide for applicability. Referred to Committee on Special Judiciary. SB 636. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th: A bill to amend Code Section 40-5-58 of the Official Code of Georgia Annotated, relating to habitual violators and probationary licenses, so as to provide that a habitual violator who has been issued a probationary license and who is con victed of an offense listed in Code Section 40-5-54 or Code Section 40-6-391 shall be declared a habitual violator if such person's arrests and convictions conform to the definition of habitual violator in subsection (a) of this Code section. Referred to Committee on Special Judiciary. SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and Egan of the 40th. A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to provide that the division shall report to certain officers on the condition of certain lakes and rivers. Referred to Committee on Natural Resources. SB 638. By Senators Johnson of the 47th, Garner of the 30th and Deal of the 49th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act" and Code Section 50-16-38 of the Offi cial Code of Georgia Annotated, relating to acquisition of real property through the State Properties Commission, so as to provide for the issuance of reports by 466 JOURNAL OF THE SENATE the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state government. Referred to Committee on Appropriations. SB 639. By Senator Henson of the 55th: A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the wholesale distribution by out-of-state principal, so as to repeal certain provisions relating to contract for services in the state; to repeal the requirement that the principal contracts with a sales representative be in writing; to change the provisions relating to rights of sales representatives; to provide an effective date. Referred to Committee on Judiciary. SB 640. By Senators Hill of the 4th and Perdue of the 18th: A bill to amend Code Section 40-6-391.1 of the Official Code of Georgia Anno tated, relating to the entry of a plea of nolo contendere to a charge of violating Code Section 40-6-391, so as to restrict the entry of a plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to require the judge to set forth the compelling reason for his accepting the plea of nolo contendere. Referred to Committee on Special Judiciary. SB 641. By Senators Egan of the 40th, Hooks of the 14th, Johnson of the 47th and Edge of the 28th: A bill to amend Code Section 12-5-30 of the Official Code of Georgia Annotated, relating to permits for the construction, operation, or modification of facilities which discharge pollutants into waters of the state, and Code Section 12-5-179 of the Official Code of Georgia Annotated, relating to permits for the operation of public water systems, so as to provide that as a prerequisite to the issuance of any such permit, the applicant shall submit a community economic impact analysis. Referred to Committee on Natural Resources. SB 642. By Senators Ragan of the 32nd and Collins of the 17th: A bill to amend Article 2 of Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to fiscal affairs subcommittees, so as to require the submis sion of certain four-year strategic plans by each budget unit; to provide for the contents of such plans; to provide for program reviews of existing and proposed programs of each state agency; to provide for a short title. Referred to Committee on Appropriations. SB 643. By Senators Ragan of the 32nd and Moye of the 34th: A bill to amend Code Section 40-5-172 of the Official Code of Georgia Annotated, relating to issuance of handicapped identification cards, so as to provide for the issuance of a handicapped identification card to any woman who is at least six months pregnant; to provide for procedures and fees. Referred to Committee on Youth, Aging and Human Ecology. SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd: A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement MONDAY, FEBRUARY 10, 1992 467 to the juvenile court; to provide for the contents of such victim impact state ment; to provide for the use of such victim impact statement; to provide the child an opportunity to rebut the statement. Referred to Committee on Judiciary. SB 645. By Senators Hooks of the 14th, Johnson of the 47th and Edge of the 28th: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to enact the "Toxic Use Reduction and Pol lution Prevention Assistance Act"; to provide for state policy with respect to pri ority for preventing pollution at the source; to define terms; to create the Office of Pollution Prevention and provide for its director, personnel, operations, pow ers, and duties; to provide an effective date. Referred to Committee on Natural Resources. SB 646. By Senator Johnson of the 47th: A bill to amend Code Section 40-6-390 of the Official Code of Georgia Annotated, relating to reckless driving, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus shall be reckless driving. Referred to Committee on Judiciary. SR 431. By Senators Ragan of the 10th, Perdue of the 18th, Foster of the 50th and others: A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance. Referred to Committee on Rules. SR 433. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and Alien of the 2nd: A resolution recognizing Black History Month and the Young People's and Chil dren's Division of the Old Georgia Conference-A.M.E. Church of Hinesville, Georgia. Referred to Committee on Youth, Aging and Human Ecology. SR 434. By Senators Ragan of the 32nd, Collins of the 17th, Thompson of the 33rd and Langford of the 35th: A resolution proposing an amendment to the Constitution so as to provide for a limit upon certain increases in the assessment of property for ad valorem tax purposes; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 435. By Senators Henson of the 55th, Steinberg of the 42nd and Edge of the 28th: A resolution creating the Senate Study Committee on Clean Air Solutions. Referred to Committee on Natural Resources. SR 437. By Senators Ragan of the 32nd and Phillips of the 9th: A resolution proposing an amendment to the Constitution so as to provide that in each fiscal year at least 38 percent of all state funds appropriated, exclusive of lottery proceeds, must be appropriated for educational programs and purposes; to provide for submission of this amendment for ratification or refection. Referred to Committee on Finance and Public Utilities. 468 JOURNAL OF THE SENATE The following bills and resolutions of the House were read the first time and referred to committees: HB 631. By Representatives Twiggs of the 4th, Jenkins of the 80th, Mobley of the 64th and Colwell of the 4th: A bill to amend Code Section 35-8-9 of the Official Code of Georgia Annotated, relating to completion of the basic training course required under the "Georgia Peace Officer Standards and Training Act," so as to change the time within which a candidate is required to complete the basic training course after his ap pointment as a peace officer. Referred to Committee on Public Safety. HB 1156. By Representatives Streat of the 139th, Twiggs of the 4th, Dobbs of the 74th and others: A bill to amend Code Section 16-11-100 of the Official Code of Georgia Anno tated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Section 43-48-11 of the Official Code of Georgia Annotated, relating to investigation of complaints, so as to pro vide for the suspension, revocation, or refusal to renew such license. Referred to Committee on Youth, Aging and Human Ecology. HB 1234. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated. Referred to Committee on Retirement. HB 1277. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that certain information filed in conjunction with birth certificates or information recorded in the putative father registry shall be admissible in proceedings to determine pa ternity and shall establish a prima-facie case of establishment of paternity. Referred to Committee on Judiciary. HB 1294. By Representatives Carrell of the 65th, Porter of the 119th, Mobley of the 64th and others: A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to provide for the offense of homicide by aircraft. Referred to Committee on Judiciary. HB 1325. By Representative Dixon of the 151st: A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, so as to designate Pogo as the official Georgia State 'Possum. Referred to Committee on Economic Development and Tourism. MONDAY, FEBRUARY 10, 1992 469 HB 1362. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to provide that the governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services through its state court. Referred to Committee on Judiciary. HB 1387. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: 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 on publicly owned or operated and not privately owned or operated lands and property. Referred to Committee on Natural Resources. HR 653. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others: A resolution designating the Samuel Frank Morast, Jr., Highway. Referred to Committee on Transportation. HR 713. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the J. E. "Ted" McTyre Parkway. Referred to Committee on Transportation. HB 1436. By Representatives Wilder of the 21st, Aiken of the 21st, Hammond of the 20th and others: A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the compensation of the chairman and other members of the board of education. Referred to Committee on Urban and County Affairs. HB 1443. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Board of Tax Administrators for Catoosa County. Referred to Committee on Urban and County Affairs. HB 1444. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Catoosa Utility District and board of utilities commissioners for Catoosa County. Referred to Committee on Urban and County Affairs. HB 1455. By Representatives Bargeron of the 108th and Ricketson of the 82nd: A bill to amend an Act incorporating the City of Wrens in Jefferson County, so as to change the provisions relating to the time of election, taking of office, and terms of office of the city councilmen. Referred to Committee on Urban and County Affairs. 470 JOURNAL OF THE SENATE HB 1466. By Representatives Poston of the 2nd, McCoy of the 1st and Snow of the 1st: A bill to amend an Act incorporating the Town of Fort Oglethorpe, so as to redesignate the Town of Fort Oglethorpe as the City of Fort Oglethorpe. Referred to Committee on Urban and County Affairs. HB 1467. By Representative Mobley of the 64th: A bill to provide a new charter for the Town of Carl. Referred to Committee on Urban and County Affairs. HB 1479. By Representatives Irwin of the 57th, Alford of the 57th and Henson of the 57th: A bill to provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain graduated amounts of the assessed value of the homestead for certain residents of that school district who are 65 years of age or over or permanently disabled. Referred to Committee on Urban and County Affairs. HB 1481. By Representatives Clark of the 13th, Powell of the 13th, Thurmond of the 67th and McBee of the 68th: A bill to provide for homestead exemptions from Clarke County ad valorem taxes for county purposes and from Clarke County School District ad valorem taxes for educational purposes for certain residents of that county and school district. Referred to Committee on Urban and County Affairs. HB 1492. By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th: A bill to amend an Act establishing a City Court in the County of Clarke, now known as the State Court of Athens-Clarke County, so as to change the compen sation of the solicitor of the court. Referred to Committee on Urban and County Affairs. HB 1498. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to provide for homestead exemptions from Madison County ad valorem taxes for county purposes and from Madison County School District ad valorem taxes for educational purposes for certain residents of that county and school district. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 354. Do pass by substitute. SB 518. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman MONDAY, FEBRUARY 10, 1992 471 Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 590. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 548. Do pass. SB 556. Do pass. SB 570. Do pass. SB 574. Do pass. SB 575. Do pass. SB 576. Do pass. SB 577. Do pass by substitute. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate were read the second time: SB 461. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions concerning Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military College; to change the provisions relating to terms of board members. SB 467. By Senator Kidd of the 25th: A bill to amend Code Section 10-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Securities Act of 1973," so as to change the definition of the term "investment adviser". SB 533. By Senators Ragan of the 10th, Newbill of the 56th, Timmons of the llth and others: A bill to amend Code Section 20-2-293 of the Official Code of Georgia Annotated, relating to a student attending school in a system other than system of student's residence, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a full-time professional or other employee. SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th: A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms. 472 JOURNAL OF THE SENATE SB 563. By Senators Newbill of the 56th and Clay of the 37th: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weap ons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explosive compounds and provide penalties therefor; to define a certain term; to provide exceptions. SB 571. By Senator Foster of the 50th: A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements used in the Quality Basic Education Formula, so as to provide that the program weights when multiplied by the base amount shall include funds to cover the costs of media center computer hardware and software. SB 587. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide a state ment of legislative purpose; to define certain terms; to provide for the creation of a State Interagency Council and for matters relative thereto; to provide duties of the State School Superintendent; to provide duties of the State Board of Educa tion; to provide for the grant of funds and for matters relative thereto. SR 362. By Senators Foster of the 50th and Deal of the 49th: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by local or general law for taxes, fees, or as sessments to support local school systems in addition to taxes on real property; to provide for the submission of this amendment for ratification or rejection. SR 366. By Senator Hasty of the 51st: A resolution designating the Ben Jess Logan, Sr., Memorial Bridge. SR 375. By Senator Starr of the 44th: A resolution repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes; to provide an ef fective date. SR 399. By Senator Foster of the 50th: A resolution encouraging the establishment of a warranty for graduates of college preparatory programs in Georgia high schools. SR 407. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, and Washing ton counties, Georgia; to provide an effective date. SR 414. By Senators Egan of the 40th and Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia; to provide an effective date. MONDAY, FEBRUARY 10, 1992 473 SR 417. By Senator Bowen of the 13th: A resolution authorizing the grant of a road right of way easement on, over, and through certain state owned real property located in Crisp County, Georgia; to provide an effective date. SR 418. By Senator Bowen of the 13th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of an access thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Colquitt County, Georgia; to provide an effective date. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Those not answering were Senators: Dawkins English Langford Phillips Shumake Taylor Walker of 43rd White The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Ragan of the 10th introduced the chaplain of the day, Dr. I. L. Mullins, pastor of the First Missionary Baptist Church, Thomasville, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 432. By Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th: A resolution commending the Bill English Family. SR 436. By Senator Broun of the 46th: A resolution congratulating the Unified Government of Athens-Clarke County, Georgia, on the occasion of its first anniversary and commending the efforts of the Athens-Clarke County Unification Commission. 474 JOURNAL OF THE SENATE SR 438. By Senators Starr of the 44th and Collins of the 17th: A resolution commending Mr. S. Truett Cathy. Senator Phillips of the 9th moved that Senator White of the 48th be excused from the Senate today to take care of some business. On the motion, the yeas were 30, nays 0; the motion prevailed, and Senator White of the 48th was excused from the Senate today. Senator Garner of the 30th moved that Senator Dawkins of the 45th be excused from the Senate today due to a death in his family. On the motion, the yeas were 34, nays 0; the motion prevailed, and Senator Dawkins of the 45th was excused from the Senate today. The following local, uncontested bills of the Senate, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 10, 1992 ELEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 548 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend an Act providing for magistrates in Fulton County; to in crease from three to five. SB 556 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend an Act creating and establishing a purchasing department in Fulton County. SB 570 Clay, 37th Hasty, 51st CHEROKEE COUNTY A bill to amend an Act known as the "Cherokee County Water and Sewerage Authority Act." SB 574 Ramsey, 54th MURRAY COUNTY A bill to amend an Act creating the office of commissioner of Murray County. MONDAY, FEBRUARY 10, 1992 475 SB 575 Ramsey, 54th MURRAY COUNTY A bill to amend an Act placing the coroner of Murray County on an annual salary. SB 576 Ramsey, 54th MURRAY COUNTY A bill to provide for the appointment of the School Superintendent of Mur ray County by the Board of Education. *SB 577 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act creating the board of commissioners of Cobb County and to change the provisions relating to districts for the election of commis sioners. (SUBSTITUTE) The substitute to the following bill was put upon its adoption: *SB 577: The Senate Committee on Urban and County Affairs offered the following substitute to SB 577: A BILL To be entitled an Act to amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifica tions of the commissioners; to change the compensation of the chairman of the board of commissioners; to provide that the chairman shall appoint the county manager and the heads of the departments of the county government with the consent of a majority of the county commissioners; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to provide for related matters; 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 Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking subsection (a) of Section 2(A) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows; "(a) The commission shall consist of five members of which four members shall be known as commissioners and one member shall be known as chairman. The chairman shall be classified as a full-time position and shall be elected by the voters of the entire county. The other four positions of the commission shall be designated as Commissioner District 1, Commissioner District 2, Commissioner District 3, and Commissioner District 4. Only those persons who possess the qualifications set forth hereinafter and who reside within that dis trict, as hereinafter described, shall be eligible to offer for election to Commissioner Dis tricts 1, 2, 3, and 4. Persons offering for Commissioner Districts 1, 2, 3, and 4 shall be elected only by the qualified voters residing within the respective commissioner districts for which such persons offer as candidates." 476 JOURNAL OF THE SENATE Section 2. Said Act is further amended by striking subsection (b) of Section 2A in its entirety and inserting in lieu thereof the following: "(b) The commissioner districts shall be as follow: Commissioner District: 1 COBB COUNTY VTD: 0001 ACWORTH VTD: 0006 BIG SHANTY 1 VTD: 0007 BIB SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0013 CHEATHAM HILL 1 VTD: 0020 DUE WEST VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 905D Tract: 0305.02 Block(s): 601C Tract: 0306. Block(s): 115B, 118B, 118C, 124B, 308B, 308C, 325B, 417B, 420B, 424J, 424K, 424L, 425B, 425C, 501A, 606E, 607C, 708E, 711C, 901D, 902B, 902C, 917E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 602F, 602G, 602H, 602J, 602L, 603, 604D, 604E, 604F, 605C, 605D, 606C, 710B, 711C, 717B, 718B VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 201B, 202C VTD: 0025 ELIZABETH 4 (Part) Track: 0305.02 Block(s): 301, 302B, 303C, 303D, 303E, 304B, 305C, 305E VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0056 MACLAND (Part) Tract: 0315.01 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109B, 110F, HOG, 111, 112, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212B, 213B, 213C, 213D, 214A, 214B, 215A, 215B, 216A, 216B, 217B, 218B Tract: 0315.02 Block(s): 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216B, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301B, 301C, 301D, 302B, 303B, MONDAY, FEBRUARY 10, 1992 477 401D, 402B, 403B, 801B, 801C, 901, 902, 903, 904, 905, 906B, 907B, 908B, 908C, 910B VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A, 823A Tract: 0305.01 Block(s): 908A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 606A, 606B, 607A, 608, 703A, 704A, 705A, 706A, 708A, 708G, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0061 MARIETTA 5 VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0075 OREGON 1 VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0090 RED ROCK VTD: OOB6 KEMP VTD: OOB8 CHEATHAM HILL 2 VTD: OOB9 MARIETTA 2B VTD: OOC1 OREGON 5 Commissioner District: 2 COBB COUNTY VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0016 DICKERSON VTD: 0018 DOBBINS 2 VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.03 Block(s): 108B VTD: 0025 ELIZABETH 4 Part) Tract: 0305.03 Block(s): 302C, 302D, 318B, 401, 402B, 404, 405, 406B, 411B, 411C, 411D, 412B, 413B VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 478 JOURNAL OF THE SENATE VTD: 0032 FAIR OAKS 6 (Part) Tract: 0308. Block(s): 206B VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0057 MARIETTA 1 VTD; 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 309B, 314A, 315A, 315B, 316A, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604 Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 VTD: 0067 MT. BETHEL 1 VTD: 0069 MT. BETHEL 3 VTD: 0079 PARKAIRE VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 (Part) Tract: 0312.03 Block(s): 101B, 106, 107B, 107C, 109, HOB, 111, 512, 513, 514, 515, 516B, 521B, 522, 523, 524, 525, 526 Tract: 0312.04 Block(s): 214A, 218, 219, 220, 221, 222, 223, 224, 225, 226A, 509, 510, 511, 512, 522, 523, 524, 525, 526 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3 Commissioner District: 3 COBB COUNTY VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0010 BISHOP LAKE VTD: 0014 CHESTNUT RIDGE VTD: 0019 DODGEN VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 MONDAY, FEBRUARY 10, 1992 479 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 908B, 909 Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115C, 119B, 119C, 120B, 121, 122B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 405C, 419B, 421B, 422B, 423B, 424F, 424G, 424H, 424M, 501C, 501D, 501E, 502B, 506B, 601, 602, 603, 604, 605, 606C, 606D, 607B, 609, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708F, 709, 710, 711B, 711D, 712, 713B, 901C, 902D, 902E VTD: 0023 ELIZABETH 2 (Part) Tract: 0305.01 Block(s): 205, 206, 207, 208, 209, 210, 301B, 302, 303, 304, 305, 306, 307B, 308B, 309, 310, 311, 409, 501, 502, 503, 504, 601B, 601C, 601D, 602K, 701B, 702, 703, 704, 705, 706, 707, 708, 709, 710C, 711B, 713, 714, 715, 716, 819 VTD: 0024 ELIZABETH 3 (Part) Tract: 0305.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112B, 112C, 113, 114C, 115, 116, 201C, 201D, 203, 204, 205, 206, 207, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410 Tract: 0305.03 Block(s): 301 VTD: 0025 ELIZABETH 4 (Part) Tract: 0305.02 Block(s): 305D, 306, 307, 308, 309, 310, 316B, 317B, 317C, 318B, 319 Tract: 0305.03 Block(s): 302B, 303, 304, 305, 306, 307C, 308B, 309C, 309D, 310, 311, 312, 313, 314B, 315C VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0060 MARIETTA 4 (Part) Tract: 0306. Block(s): 501B, 502A, 503, 504, 505, 506A VTD: 0062 MARIETTA 6 (Part) Tract: 0305.02 Block(s): 112A, 114B Tract: 0305.03 Block(s): 307A, 307B, 308A, 309A, 316B VTD: 0068 MT. BETHEL 2 VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB7 GRITTERS 9 480 JOURNAL OF THE SENATE Commissioner District: 4 COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND (Part) Tract: 0315.01 Block(s): 110D, HOE VTD: 0070 MT. HARMONY VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOA9 VININGS 1 (Part) Tract: 0311.09 Block(s): 104B, 104C, 105B, 115B, 117B VTD: OOC2 BIRNEY 2 For purposes of this subsection: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any commissioner district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Cobb County which is not included in any commissioner district de scribed in this subsection shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia; and MONDAY, FEBRUARY 10, 1992 481 (5) Any part of Cobb County which is described in this subsection as being included in a particular commissioner district shall nevertheless not be included within such commis sioner district if such part is not contiguous to such commissioner district. Such noncontigu ous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 3. Said Act is further amended by striking subsection (c) of Section 2A in its entirety and inserting in lieu thereof the following: "(c) Each person offering for Commissioner Districts 1, 2, 3, and 4 shall be a resident, of the district created by this section which he or she offers to represent and shall be elected by a majority vote of the qualified voters of such district voting in such election." Section 4. Said Act is further amended by striking paragraph (C) of Section 2 in its entirety and inserting in lieu thereof the following: "(C) Qualifications of Commission Members. Members of the commission, other than the chairman, shall be citizens of this state who have attained the age of 25 years and who have been residents of their respective district for not less than one year preceding their qualifying date and shall hold no other elective public office." Section 5. 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. Election and Term of Commissioners and Chairman, (a) The persons serv ing from Commissioner Posts 2 and 4 under the law in effect immediately prior to the effec tive date of this section shall serve the remainder of their respective terms which shall ex pire December 31, 1992, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from the new Commissioner Districts 2 and 4, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1992 and take office the first day of January, 1993, to serve for terms of four years each and until their respective successors are duly elected and qualified. (b) The persons serving from Commissioner Posts 1 and 3 under the law in effect imme diately prior to the effective date of this section shall serve the remainder of their respective terms which shall expire December 31, 1994, and until their respective successors are duly elected and qualified. Their respective successors who are first elected from the new Com missioner Districts 1 and 3, as constituted under subsection (a) of Section 2(A) of this Act, shall be elected at the general election of 1994 and take office the first day of January, 1995, to serve for terms of two years each and until their respective successors are duly elected and qualified. Thereafter, the respective successors shall serve for terms of four years each and until their respective successors are duly elected and qualified. (c) The person serving as chairman on January 1, 1992, shall serve for the remainder of his term as chairman, which term shall expire December 1, 1992, and until that person's successor is duly elected and qualified pursuant to subsection (d) of this section. (d) After the initial terms of commissioners specified in subsections (a) and (b) of this section and after the expiration of the term of the chairman under subsection (c) of this section, successors to commission members and the chairman whose terms are to expire shall be elected at the general election immediately preceding the expiration of those terms and take office the first day of January following their election, to serve for terms of four years each and until their respective successors are duly elected and qualified. (e) Neither the chairman nor any commissioner shall be qualified to offer for election to any commissioner district other than the one in which he is serving without first resigning from the commissioner district in which he or she at that time is serving." Section 6. Said Act is further amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows: "Section 8. Compensation, (a) Commissioners, other than the chairman, shall be paid as 482 JOURNAL OF THE SENATE their entire compensation for services as same the sum of $19,000.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county trea sury. The chairman shall receive as his entire compensation the sum of $55,000.00 per an num, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairman or any commissioner shall be entitled. The chairman and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training semi nars, conventions, or official county business conducted outside of Cobb County. (b) Expenses may be reimbursed only after the submission of receipts for said expenses to the county comptroller and the approval by majority vote of the commission at a regu larly scheduled meeting. The chairman and commissioners shall be entitled to compensation for serving on any other boards or authorities for which their membership is provided by law." Section 7. Said Act is further amended by striking Section 10 in its entirety and in serting in lieu thereof a new Section 10 to read as follows: "Section 10. The chairman shall be the chairman of the board of commissioners of the county, shall preside over meetings of the commission, shall appoint the vice-chairman of the commission on an annual basis, shall appoint the committee chairmen with the consent of a majority of the commissioners, and shall appoint the heads of the departments of the county government from a list provided by the county manager and with the consent of a majority of the commissioners." Section 8. Said Act is further amended by striking subsections (a) and (b) of Section 10B in their entirety and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) There is created the office of county manager of Cobb County who shall be ap pointed by the chairman with the consent of the commissioners. The qualifications, term of office, compensation, procedure for removal or suspension, method of filling vacancies, and other related matters pertaining to the office of county manager shall be provided for by resolution of the board of commissioners of Cobb County. (b) In his or her discretion, the chairman of the board of commissioners of Cobb County may select a person for the office of county manager 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 or her discretion, the chair man of the board of commissioners may require any person appointed to the office of county manager to hold a bachelor's degree in business administration, accounting, finance, or re lated fields and possess at least five years' experience as a county or city manager or as an assistant county or city manager; or the chairman of the board of commissioners may re quire 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 three years' experience as a county or city manager or as an assistant county or city manager." Section 9. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Cobb County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act MONDAY, FEBRUARY 10, 1992 483 is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. _ Section 10. 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 bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Burton lay CT-Jol?l,mmsan Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hooks JHTouh, g&n&gsionns Kidd Marable Moye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Scott TT,,,aaytel.or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Alien BishP Brown of 26th Dawkins (excused) Garner Hill Langford ,,, Pollard Robinson Shumake Starr _, . , Stemberg White (excused) On the passage of all the local bills, the yeas were 43, nays 0. All the bills on the Senate Local Consent Calendar, except SB 577, having received the requisite constitutional majority, were passed. SB 577, having received the requisite constitutional majority, was passed by substitute. Senator Harris of the 27th moved that the following bill of the House be withdrawn from the Senate Committee on Finance and Public Utilities and committed to the Senate Committee on Urban and County Affairs (General): HB 750. By Representative Lane of the 27th: A bill to amend Code Section 48-13-5 of the Official Code of Georgia Annotated, relating to the levy of license, occupation, or professional tax by counties and municipalities only at a practitioner's principal office, so as to provide that such limitation shall apply to utility contracting, conditioned air contracting, and lowvoltage contracting. 484 JOURNAL OF THE SENATE On the motion, the yeas were 35, nays 0; the motion prevailed, and HB 750 was with drawn from the Senate Committee on Finance and Public Utilities and committed to the Senate Committee on Urban and County Affairs (General). Senator Foster of the 50th moved that the following bill of the House be withdrawn from the Senate Committee on Education and committed to the Senate Committee on Higher Education: HB 1150. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th: A bill to amend Code Section 20-3-374 of the Official Code of Georgia Annotated, relating to authorized types of service cancelable educational loans, so as to in clude selected degree programs in gerontology and geriatrics as educational fields of study approved for service cancelable loans. On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 1150 was with drawn from the Senate Committee on Education and committed to the Senate Committee on Higher Education. SENATE CALENDAR Monday, February 10, 1992 ELEVENTH LEGISLATIVE DAY SR 378 Whitfield County--easement for historical marker (F&PU--54th) SR 379 Rabun County--easement for water intake line (F&PU--50th) SR 380 Toombs County--easement for audio transmission cable (F&PU--20th) SR 381 Stewart County--easement for electrical transmission lines (F&PU--llth) HB 1262 Appropriations FY 1991-1992--change (Substitute) (Approp--47th) HB 654 Commission on Women--create (Amendment) (YA&HE--36th) SB 10 City Water Service--no denial when arrears by former occupant (Substitute) (F&PU--41st) SB 341 Peace Officers' Annuity, Benefit Fund--certain officers eligible (Substitute) (Ret--13th) SB 465 Employee's Health, Dental Insurance--certain former employees entitled (Sub stitute) (Gov Op--25th) SB 471 Merit System--reinstate, create Chaplain position (Gov Op--25th) SB 478 Driving Under the Influence Charge--eliminate plea of nolo contendere (Judy--37th) SB 492 Juveniles--Children and Youth Coordinating Council inspect data from court files (YA&HE--49th) SB 526 Theft By Extortion Against Those Over 65--imprisonment time (Substitute) (Judy--34th) SB 529 Trial Judges, Solicitors Retirement--members remaining in office after 70 (Ret--28th) SB 534 Agency Subject to Administrative Procedure Act--synopsis of proposed rule (Gov Op--22nd) SB 535 Certain Regulatory Agencies--revise provisions on review, termination (Amend ment) (Gov Op--47th) SB 541 State Retiree--time period before receiving public funds for services (Gov Op--45th) MONDAY, FEBRUARY 10, 1992 485 SB 552 Veterans' Employment Preference--certain National Guard, Desert Storm (Amendment) (Gov Op--7th) SB 558 Public Employees--conditions for delay, suspension of breaks (Gov Op--25th) SB 582 Debt Consolidation, Relief Advertising--regulate (Gov Op--25th) HB 1188 Official Code of Georgia Annotated--correct errors, omissions and reenact statu tory portion (S Judy--28th) HB 1189 Code Title 21 (Elections)--correct typographical, other errors (S Judy--28th) SR 248 Colonel's Island--change to Vandiver Island (Amendment) (Nat R--20th) The following general resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption: SR 378. By Senator Ramsey of the 54th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a historical marker in, on, over, under, upon, across, or through property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Bishop Broun of 46th Dawkins (excused) Henson Langford Shumake Tysinger White (excused) On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 379. By Senator Foster of the 50th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water intake line in, on, over, under, upon, across, or through 486 JOURNAL OF THE SENATE property owned by the State of Georgia in Rabun County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Dawkins (excused) Langford Robinson Shumake White (excused) On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 380. By Senator Gillis of the 20th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of an audio transmission cable in, on, over, under, upon, across, or through property owned by the state of Georgia in Toombs County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Burton Coleman Collins Deal Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill MONDAY, FEBRUARY 10, 1992 487 Hooks Muggins Jo.hnson N?M:eawrabb,ill,le Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd R_Raamy sey Robinson Starr Steinberg Tate Taylor Thompson T_T,iumrnmeor ns Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Brown of 26th Clay Dawkins (excused) Dean Edge Langford Moye Scott Shumake White (excused) On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 381. By Senator Timmons of the llth: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of electrical transmission lines in, on, over, under, across, or through property owned by the State of Georgia in Stewart County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Burton Clay Coleman Collins Deal Dean Echols Edge English Foster Gillis Hammill Harris Hasty Henson Hil1 Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Steinberz Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Bowen Broun of 46th Brown of 26th Dawkins (excused) Egan Garner Langford Ray Shumake Starr Taylor White (excused) 488 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Clay of the 37th introduced the doctor of the day, Dr. James Tallman, of Mari etta, Georgia. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1388. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to repeal the "Facade and Conservation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement Act". HB 1437. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st: A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. Senator Sponsor: Senator Johnson of the 47th. The Senate Committee on Appropriations offered the following substitute to HB 1262: A BILL To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act", approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), so as to change certain appropriations for the State Fiscal Year 1991-1992; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 1991-1992, as amended, known as the "General Appropriations Act" approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), is MONDAY, FEBRUARY 10, 1992 489 further amended by striking everything following the enacting clause through Section 84, and by substituting in lieu thereof the following: - "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $7,390,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1992. PART I. LEGISLATIVE BRANCH Section 1. Legislative Branch. Budget Unit: General Assembly ................. Personal Services - Staif ...................... Personal Services - Elected Officials ............ Regular Operating Expenses ................... Travel - Staff ................................ Travel - Elected Officials ...................... Capital Outlay ............................... Equipment .................................. Computer Charges ............................ Real Estate Rentals .......................... Telecommunications .......................... Per Diem, Fees and Contracts - Staff .......... Per Diem, Fees and Contracts - Elected Officials Photography ................................. Expense Reimbursement Account .............. Total Funds Budgeted ........................ State Funds Budgeted ........................ Senate Functional Budgets Total Funds Senate and Research Office $ 4,020,978 Lt. Governor's Office $ 641,986 Secretary of the Senate's Office $ 1,090,330 Total $ 5,753,294 House Functional Budgets Total Funds House of Representatives and Research Office 8,220,569 Speaker of the House's Office 422,159 Clerk of the House's Office 1,079,944 Total 9,722,672 Joint Functional Budgets Total Funds Legislative Counsel's Office $ 2,234,983 Legislative Fiscal Office $ 1,331,848 Legislative Budget Office $ 837,481 Ancillary Activities $ 1,156,171 Total $ 5,560,483 $21,036,449 $10,590,878 . $3,544,414 $1,651,927 ... $98,000 ..... $7,000 $232,000 . . . $461,000 ... $5,000 . . $720,000 . . . $241,389 $2,291,841 ... $65,000 . $1,128,000 $21,036,449 $21,036,449 State Funds $ 4,020,978 $ 641,986 $ 1,090,330 $ 5,753,294 State Funds $ 8,220,569 $ 422,159 $ 1,079,944 $ 9,722,672 State Funds $ 2,234,983 $ 1,331,848 $ 837,481 $ 1,156,171 $ 5,560,483 490 JOURNAL OF THE SENATE 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 Converence of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee: for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee: for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State - owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits ...........:.................... $15,180,703 Operations Budget: Personal Services ................................................ $12,656,721 Regular Operating Expenses ......................................... $394,333 Travel............................................................. $627,149 Motor Vehicle Purchases ............................................ $104,000 Equipment. .......................................................... $9,486 Real Estate Rentals ................................................ $800,006 Per Diem, Fees and Contracts ........................................ $37,000 Computer Charges .................................................. $450,433 Telecommunications ................................................ $101,575 Total Funds Budgeted ........................................... $15,180,703 State Funds Budgeted ........................................... $15,180,703 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court........................................ $4,524,014 Personal Services ................................................. $4,060,772 Operating Expenses. .............................................. $1,105,242 MONDAY, FEBRUARY 10, 1992 491 Total Funds Budgeted ............................................ $5,166,014 State Funds Budgeted ............................................ $4,524,014 Section 4. Court of Appeals. Budget Unit: Court of Appeals ...................................... $5,559,826 Personal Services ................................................. $4,909,826 Operating Expenses................................................. $650,000 Total Funds Budgeted ............................................ $5,559,826 State Funds Budgeted ............................................ $5,559,826 Section 5. Superior Courts. Budget Unit: Superior Courts ...................................... $42,939,712 Operation of the Courts ........................................... $41,490,769 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 ........................................... $44,465,019 State Funds Budgeted ........................................... $42,939,712 Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................................... $824,399 Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education ................$ 592,000 Institute's Operations ............................................... $456,000 Georgia Magistrate Courts Training Council .......................... $136,000 Total Funds Budgeted .............................................. $592,000 State Funds Budgeted .............................................. $592,000 Section 8. Judicial Council. Budget Unit: Judicial Council....................................... $1,981,429 Council Operations ................................................. $979,040 Payments to Judicial Administrative Districts for Case Counting ..... $76,500 Board of Court Reporting ........................................... $101,715 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 ............................................ $2,118,356 State Funds Budgeted ............................................ $1,981,429 Section 9. Judicial Qualificaitons Commission. Budget Unit: Judicial Qualifications Commission $124,290 Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council .............................. $1,004,700 PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services ................ $30,667,982 Administration and Services Budget: Personal Services ................................................ $47,242,291 Regular Operating Expenses ...................................... $11,709,854 492 JOURNAL OF THE SENATE Travel............................................................. $278,371 Motor Vehicle Purchases ............................................ $111,000 Equipment. ...................................................... $1,506,330 Computer Charges................................................ $7,799,681 Real Estate Rentals .............................................. $3,694,231 Telecommunications .............................................. $1,687,807 Per Diem, Fees and Contracts ....................................... $441,800 Rents and Maintenance Expense.................................. $10,751,716 Utilities ............................................................ $38,550 Payments to DOAS Fiscal Administration .......................... $2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay........................................................ $-0Direct Payments to Georgia Building Authority for Operations ........................................................ $90,000 Telephone Billings............................................... $41,921,344 Radio Billings...................................................... $122,748 Materials for Resale ............................................. $16,500,000 Public Safety Officers Indemnity Fund ................................... $-0Health Planning Review Board Operations............................. $33,840 Georgia Golf Hall of Fame Operations.................................... $-0Authorities Liability Reserve Fund ....................................... $-0Grants to Counties ..................................................... $-0Grants to Municipalities ................................................ $-0Total Funds Budgeted .......................................... $146,679,563 State Funds Budgeted ........................................... $30,667,982 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 470,700 $ 470,700 Department Administration $ 2,486,743 $ 2,453,409 Treasury and Fiscal Administration $ 8,460,426 $ 5,710,426 Central Supply Administration $ 16,848,281 $ -0- Procurement Administration $ 2,803,237 $ 2,803,237 General Services Administration $ 778,077 $ -0- Space Management Administration $ 492,727 $ 492,727 Data Processing Services $ 46,319,306 $ 12,887,483 Motor Vehicle Services $ 3,648,650 $ -0- Communication Services $ 52,789,598 $ 5,850,000 Printing Services $ 6,697,574 $ -0- Surplus Property Services $ 1,702,998 $ -0- Mail and Courier Services $ 1,167,411 $ -0- Risk Management Services $ 2,013,835 $ -0- Total $ 146,679,563 $ 30,667,982 B. Budget Unit: Georgia Building Authority................................. $-0Georgia Building Authority Budget: Personal Services ................................................$ 20,239,528 Regular Operating Expenses ....................................... $4,978,651 Travel.............................................................. $11,253 Motor Vehicle Pruchases ............................................ $215,000 Equipment. ........................................................ $113,635 Computer Charges................................................... $58,121 Real Estate Rentals ................................................. $17,704 MONDAY, FEBRUARY 10, 1992 493 ...... $121,010 ....... $151,880 ........... $-0- ..... $7,466,638 Contractual Expense ......................................... ....... $235,030 Fuel ........................................................ ........... $-0- Facilities Renovations and Repairs ............................ $-0- Total Funds Budgeted ....................................... . . . . $33,608,450 ........... $-0- Georgia Building Authority Functional Budgets Total Funds State Funds Grounds Custodial Maintenance Security Van Pool $ $ 1,838,922 $ $ 5,129,450 $ $ 4,558,081 $ $ 5,136,371 $ $ 397,582 Sales Administration Railroad Excursions $ $ 5,456,180 $ $ 9,499,593 $ $ 1,592,271 Facility Renovations $ $ -0- Total $ -0- $ 33,608,450 Section 12. Agency for the Removal of Haxardous Materials. Budget Unit: Agency for the Removal of Haxardous Materials .......$ 94,702 Operations Budget: .... $3,614,202 Regular Operating Expenses .................................. ..... $2,957,447 Travel ... $380,560 Motor Vehicle Purchases ..................................... ....... $136,000 Equipment. ................................................. ....... $220,735 Computer Charges ........................................... ......... $1,500 Real Estate Rentals ......................................... ........... $-0- ........ $25,800 Per Diem, Fees and Contracts ................................ ....... $875,000 ........... $-0- ........... $-0- Total Funds Budgeted ....................................... ..... $8,211,244 ........ $94,702 Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .................... ... $31,196,808 State Operations Budget: Personal Services ............................................ .... $28,675,838 Regular Operating Expenses .................................. $3,509,486 Travel ...................................................... ....... $915,115 ....... $483,197 ........ $90,500 Computer Charges ........................................... ....... $285,676 ....... $731,153 ....... $366,401 Per Diem, Fees and Contracts ................................ ....... $167,211 ... $700,000 Payments to Athens and Tifton Veterinary Laboratories ........ ..... $2,331,253 494 JOURNAL OF THE SENATE Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro........................ Veterinary Fees ............................................ Indemnities ................................................ Advertising Contract........................................ Payments to Georgia Agrirama Development Authority for Operations ............................................... Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets................................... Capital Outlay ............................................. Contract - Federation of Southern Cooperatives ............... Tick Control Program ...................................... Total Funds Budgeted ...................................... State Funds Budgeted ...................................... Department of Agriculture Functional Budgets Total Funds Plant Industry 5,117,787 Animal Industry 6,528,620 Marketing 2,069,603 General Field Forces 3,431,625 Internal Administration 2,160,652 Information and Education 1,527,364 Fuel and Measures 2,946,618 Consumer Protection Field Forces 6,498,080 Meat Inspection 4,316,715 Major Markets 4,182,061 Seed Technology 526,395 Entomology and Pesticides 2,212,808 Total 41,518,328 B. Budget Unit: Georgia Agrirama Development Authority Georgia Agrirama Development Authority Budget: Personal Services .................................... Regular Operating Expenses .......................... Travel.............................................. Motor Vehicle Purchases ............................. Equipment.......................................... Computer Charges................................... Telecommunications ................................. Per Diem, Fees and Contracts ........................ Capital Outlay ...................................... Goods for Resale .................................... Total Funds Budgeted ............................... State Funds Budgeted ............................... Section 14. Department of Banking and Finance. Budget Unit: Department of Banking and Finance ....... Administration and Examination Budget: Personal Services .................................... Regular Operating Expenses .......................... Travel.............................................. Motor Vehicle Purchases ............................. $1,707,926 . . $343,900 . . $115,000 . . $184,000 . . $516,672 . . . $315,000 ....... $-0... $40,000 . $40,000 $41,518,328 $31,196,808 State Funds 4,787,037 6,273,620 2,022,603 3,431,625 1,854,135 1,527,364 2,938,118 4,747,486 1,629,951 68,061 -0- 1,916,808 31,196,808 ........ $-0- . . $740,746 . $169,060 .... $5,864 ...... $-0. $10,755 ..... $500 ... $7,933 . $48,081 . . $110,340 . $95,000 $1,188,279 ...... $-0- $6,918,628 $5,703,028 . . $285,026 . . $287,873 . $101,700 MONDAY, FEBRUARY 10, 1992 495 Equipment.......................................................... $25,334 Computer Charges.................................................. $239,550 Real Estate Rentals ................................................ $216,893 Telecommunications ................................................. $54,724 Per Diem, Fees and Contracts ......................................... $4,500 Total Funds Budgeted ............................................ $6,918,628 State Funds Budgeted ............................................ $6,918,628 Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs ..................... $13,339,796 State Operations Budget: Personal Services ......................................... ...... $5,334,523 Regular Operating Expenses ......................................... $265,133 Travel............................................................. $147,850 Motor Vehicle Purchases ................................................ $-0Equipment .......................................................... $2,605 Computer Charges................................................... $80,275 Real Estate Rentals ................................................ $516,379 Telecommunications ................................................. $51,850 Per Diem, Fees and Contracts ........................................ $97,000 Capital Felony Expenses ................................................ $-0Contracts with Regional Development Commissions.................. $2,272,825 Local Assistance Grants ............................................. $535,000 Appalachian Regional Commission Assessment ........................ $107,016 Community Development Block Grants (Federal)................... $30,000,000 Music Hall of Fame .................................................... $-0Georgia Music Week Promotion ......................................... $-0Local Development Fund............................................ $750,000 Payment to State Housing Trust Fund ............................. $4,625,000 Payment to Georgia Environmental Facilities Authority for Operations ..................................................... $1,218,255 Total Funds Budgeted ........................................... $46,003,711 State Funds Budgeted ........................................... $13,339,796 Department of Community Affairs Functional Budgets Total Funds State Funds Executive and Administrative $ 10,108,512 $ 8,778,047 Government Management $ 1,107,026 $ 1,107,026 Financial Assistance $ 31,965,604 $ 966,641 Government Information $ 1,184,247 $ 1,134,247 Rural Development $ 476,761 $ 455,761 Coordinated Planning $ 1,161,561 $ 898,074 Total $ 46,003,711 $ 13,339,796 Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation..... $444,785,036 Personal Services ............................................... $337,706,195 Regular Operating Expenses ...................................... $39,179,731 Travel...... .................................................... $1,363,230 Motor Vehicle Purchases .......................................... $1,595,500 Equipment. ...................................................... $2,911,976 Computer Charges ................................................ $3,178,252 Real Estate Rentals .............................................. $4,585,639 Telecommunications .............................................. $3,672,412 Per Diem, Fees and Contracts ..................................... $2,478,136 496 JOURNAL OF THE SENATE Capital Outlay ................................. Utilities ....................................... Court Costs .................................... County Subsidy ................................ County Subsidy for Jails ........................ Central Repair Fund............................ Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities . Payments to Public Safety for Meals ............ Inmate Release Fund .......................... Health Services Purchases....................... Payments to MAG for Health Care Certification University of Georgia - Cooperative Extension Service Contracts ............................ Minor Construction Fund ...................... Total Funds Budgeted ......................... Indirect DOAS Funding........................ Georgia Correctional Industries ................. State Funds Budgeted ......................... Departmental Functional Budgets Total Funds Administration $ 52,165,459 Institutions and Support $ 310,910,775 Probation $ 94,486,003 Total $ 457,562,237 ........ $-0. $12,562,648 ... $486,000 . $13,688,850 . . $4,300,000 . . . . $874,000 . . $3,721,000 . $1,297,891 ... $444,500 . . $1,600,000 $21,769,528 ..... $46,749 .... $100,000 ........ $-0$457,562,237 ... $450,000 ........ $-0$444,785,036 State Funds $ 51,296,330 $ 309,582,998 $ 83,905,708 $ 444,785,036 B. Budget Unit: Board of Pardons and Paroles ........................ $35,227,672 Board of Pardons and Paroles Budget: Personal Services ................................................ $28,456,426 Regular Operating Expenses ....................................... $1,178,187 Travel............................................................. $776,315 Motor Vehicle Purchases ................................................ $-0Equipment.......................................................... $150,753 Computer Charges .................................................. $390,576 Real Estate Rentals .............................................. $2,347,294 Telecommunications ................................................ $991,321 Per Diem, Fees and Contracts ....................................... $303,000 County Jail Subsidy ................................................ $608,800 Health Services Purchases............................................ $25,000 Total Funds Budgeted ........................................... $35,227,672 State Funds Budgeted ........................................... $35,227,672 Section 17. Department of Defense. Budget Unit: Department of Defense ................................$ 4,821,635 Operations Budget: Personal Services .................................................$ 8,264,580 Regular Operating Expenses ....................................... $4,258,955 Travel.............................................................. $73,307 Motor Vehicle Purchases ................................................ $-0Equipment. ......................................................... $40,300 Computer Charges ................................................... $15,325 Real Estate Rentals .................................................. $6,260 Telecommunications ................................................ $153,473 Per Diem, Fees and Contracts ...................................... : $171,633 Grants to Locals - Emergency Management Assistance ............... $1,044,200 MONDAY, FEBRUARY 10, 1992 497 Grants - Others ..................................................... $55,000 Civil Air Patrol Contract............................................. $40,000 Capital Outlay ......................................................... $-0Repairs and Renovations ................................................ $-0Disaster Relief Payments................................................. $-0 Total Funds Budgeted ........................................... $14,123,033 State Funds Budgeted ............................................ $4,821,635 Department of Defense Functional Budgets Total Funds State Funds Office of the Adjutant General $ 1,286,214 $ 1,201,890 Georgia Emergency Management Agency $ 3,396,696 $ 952,956 Georgia Air National Guard $ 3,374,518 $ 509,610 Georgia Army National Guard $ 6,065,605 $ 2,157,179 Total $ 14,123,033 $ 4,821,635 Section 18. State Board of Education - Department of Education. Budget Unit: Department of Education ........................... $2,806,726,174 Operations: Personal Services ................................................ $38,298,356 Regular Operating Expenses ....................................... $4,106,945 Travel........................................................... $1,167,804 Motor Vehicle Purchases ................................................ $-0Equipment......................................................... $434,002 Computer Charges................................................ $3,792,309 Real Estate Rentals .............................................. $2,457,175 Telecommunications .............................................. $1,455,897 Per Diem, Fees and Contracts .................................... $13,149,856 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) Mid-Term Adjustment Reserve ................................... $56,379,453 QBE Grants Adjustment ........................................ $(64,429,448) Other Categorical Grants: Equalization Formula ........................................... $135,847,527 Sparsity Grants .................................................. $3,825,000 In School Suspension ............................................ $17,439,471 Special Instructional Assistance ................................... $36,071,368 Middle School Incentive ......................................... $42,198,039 Special Education Low - Incidence Grants ............................ $200,000 Health Insurance Rate Adjustment............................... $(37,882,551) 498 JOURNAL OF THE SENATE Non-QBE Grants: Education of Children of Low-Income Families ............... Retirement (H.B. 272 and H.B. 1321) ....................... Instructional Services for the Handicapped .................. Tuition for the Multi-Handicapped ......................... Severely Emotionally Disturbed............................. School Lunch (Federal) .................................... School Lunch (State) ...................................... Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification ............... Regional Education Service Agencies ........................ Georgia Learning Resources System ......................... High School Program ...................................... 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 ........................................ Linited 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 .......................................... Nutrition Education Training............................... Pre-Kindergarten Program ................................. Duty-Free Lunch .......................................... Total Funds Budgeted ..................................... Indirect DOAS Services Finding ............................ State Funds Budgeted ..................................... Education Functional Budgets Total Funds State Administration 4,452,656 Instructional Programs 24,407,819 Governor's Honors Program 1,305,460 Administrative Services 9,898,069 Special Services 9,488,974 Professional Practices Commission 803,672 Local Programs 3,148,739,203 Georgia Academy for the Blind 4,325,372 $176,909,000 . . $3,000,000 . $23,722,237 . . $2,300,000 . $34,043,922 $113,396,789 . $22,106,826 $1,500,000 . . $6,474,516 $2,326,125 . $16,062,015 . $3,515,103 . $1,658,647 . . . . $259,341 . $3,084,680 . $2,814,402 . . $9,524,498 . . $3,374,253 . . $845,450 . . $3,841,862 . $16,787,825 $10,041,960 . . . $11,701,897 ... $2,075,000 ...... $150,000 . . . . $5,164,950 ... $11,828,795 ...... $100,000 .... $100,000 .... $3,715,615 ..... $232,000 ... $ 49,583,875 . . . . $9,025,816 ...... $365,625 ....... $30,000 .......... $-0.......... $-0. $3,214,306,156 ... $340,000 . $2,806,726,174 State Funds 4,080,893 14,505,866 1,170,565 5,699,988 7,243,904 803,672 2,759,006,302 4,124,547 MONDAY, FEBRUARY 10, 1992 499 Georgia School for the Deaf Atlanta Area School for the Deaf Total $ 6,341,841 $ 4,543,090 $ 3,214,306,156 $ 6,107,354 $ 3,983,083 $ 2,806,726,174 Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System ............................... $-0Employees' Retirement System Budget: Personal Services ................................................. $1,402,211 Regular Operating Expenses ......................................... $194,364 Travel.............................................................. $14,350 Motor Vehicle Purchases ................................................ $-0Equipment.......................................................... $29,000 Computer Charges.................................................. $302,000 Real Estate Rentals ................................................ $191,000 Telecommunciations ................................................. $30,000 Per Diem, Fees and Contracts ....................................... $864,500 Benefits to Retirees..................................................... $-0Total Funds Budgeted ............................................ $3,027,425 State Funds Budgeted .................................................. $-0- Section 20, Forestry Commission. Budget Unit: Forestry Commission ................................. $32,528,095 State Operations Budget: Personal Services ................................................ $27,118,042 Regular Operating Expenses ....................................... $5,370,569 Travel............................................................. $191,786 Motor Vehicle Purchases .......................................... $1,000,000 Equipment ...................................................... $1,548,000 Computer Charges.................................................. $183,827 Real Estate Rentals ................................................. $43,670 Telecommunications .............................................. $1,043,064 Per Diem, Fees and Contracts ....................................... $620,211 Contractual Research ................................................ $73,333 Ware County Grant for Southern Forest World ......................... $5,000 Ware County Grant for Road Maintenance ............................ $60,000 Capital Outlay ..................................................... $100,000 Total Funds Bugeted ............................................ $37,357,502 State Funds Budgeted ........................................... $32,528,095 Forestry Commission Functional Budgets Total Funds State Funds Reforestation Field Services General Administration and Support Total $ 2,364,294 $ 885,894 $ 32,330,898 $ 29,179,891 $ 2,662,310 $ 2,462,310 $ 37,357,502 $ 32,528,095 Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation ....................... $35,307,253 Operations Budget: Personal Services ................................................ $27,029,944 Regular Operating Expenses ....................................... $2,463,040 Travel............................................................. $550,832 Motor Vehicle Purchases ............................................ $565,374 Equipment......................................................... $543,383 Computer Charges ................................................ $1,134,651 500 JOURNAL OF THE SENATE Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Evidence Purchased ........................................ Capital Outlay ............................................. Total Funds Budgeted ...................................... Total State Funds Budgeted. ............................... Georgia Bureau of Investigation Functional Budgets Total Funds Administration $ 2,993,832 Drug Enforcement $ 8,995,040 Investigative $ 10,360,700 Georgia Crime Information Center $ 6,742,189 Forensic Sciences $ 7,706,468 Total $ 36,798,229 . . $1,857,515 . . $1,397,255 ... $796,431 ... $459,804 ........ $-0. $36,798,229 . $35,307,253 State Funds 2,993,832 8,383,869 10,230,250 6,442,244 7,257,058 35,307,253 Section 22. Office of the Governor. Budget Unit: Office of the Governor ................................ $22,675,240 Personal Services ................................................ $10,665,897 Regular Operating Expenses ......................................... $565,403 Travel............................................................. $168,634 Motor Vehicle Purchases ................................................ $-0- Equipment. ......................................................... $51,070 Computer Charges .................................................. $466,131 Real Estate Rentals ................................................ $944,208 Telecommunications ................................................ $210,593 Per Diem, Fees and Contracts .................................... $34,640,161 Cost of Operations ............................................... $2,742,462 Mansion Allowance .................................................. $40,000 Governor's Emergency Fund ....................................... $4,300,000 Intern Stipends and Travel.......................................... $152,280 Art Grants of State Funds ........................................ $2,629,501 Art Grants of Non-State Funds ...................................... $321,301 Humanities Grant - State Funds ...................................... $42,800 Art Acquisitions - State Funds .......................................... $-0- Children and Youth Grants .......................................... $95,000 Juvenile Justice Grants ........................................... $1,463,725 Payments to Hazardous Waste Management Authority ... $82,000 Georgia Crime Victims Assistance Program ............................ $69,849 Total Funds Budgeted ........................................... $59,651,015 State Funds Budgeted ........................................... $22,675,240 Office of the Governor Functional Budgets Total Funds State Funds Governor's Office $ 7,234,742 $ 7,234,742 Office of Fair Employment Practices $ 818,142 $ 708,372 Office of Planning and Budget $ 4,569,325 $ 4,569,325 Council for the Arts $ 3,576,248 $ 3,059,070 Office of Consumer Affairs $ 2,248,009 $ 2,248,009 State Energy Office $ 34,320,846 $ 313,732 Vocational Education Advisory Council $ 317,885 $ 116,131 Office of Consumers' Utility Council $ 518,278 $ 518,278 MONDAY, FEBRUARY 10, 1992 501 Criminal Justice Coordinating Council Children and Youth Coordinating Council Human Relations Commission Governor's Commission on Drug Awareness and Prevention Professional Standards Commission Total i 675,384 ! 1,937,599 ! 159,114 I 546,510 ! 2,728,933 i 59,651,015 325,218 694,316 159,114 -02,728,933 22,675,240 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................................................... Real Estate Rentals .......................................... Per Diem, Fees and Contracts ................................. Computer Charges ............................................ Telecommunications .......................................... Special Purpose Contracts..................................... Service Benefits for Children .................................. Purchase of Service Contracts ................................. Institutional Repairs and Maintenance ......................... Postage...................................................... Payments to DMA - Community Care.......................... Total Funds Budgeted ........................................ Indirect DOAS Services Funding............................... State Funds Budgeted ........................................ General Administration and Support Functional Budgets Total Funds Commissioner's Office 723,701 Budget Administration 1,753,584 Community/Intergovernmental Affairs 544,916 Special Projects 494,000 Office of Children and Youth 13,954,848 Planning Councils 516,307 Community Services Block Grant 8,978,459 Administrative Policy 208,407 Administrative Support Service 13,294,509 Facilities Management 5,010,551 Administrative Appeals 1,819,756 Regulatory Services - Program Direction and Support 740,733 Child Care Licensing 2,670,440 Health Care Facilities Regulation 6,935,855 Fraud and Abuse 5,851,262 Child Support Recovery 35,849,222 Financial Services 5,240,959 $536,407,607 . $67,160,524 . $3,189,828 . . $1,463,197 .... $842,772 . . $210,950 . . $5,888,337 . . $4,072,862 . $4,155,234 . $1,426,831 . . . . $258,000 . $13,954,848 . $37,051,582 ..... $89,155 . . $1,673,885 . $11,953,772 $153,391,777 ... $638,300 . $67,967,663 State Funds 723,701 1,753,584 544,916 494,000 13,435,004 156,253 -0- 208,407 12,339,483 3,547,367 1,819,756 730,733 2,670,440 1,896,226 770,521 3,809,668 5,040,959 502 JOURNAL OF THE SENATE Auditing Services Personnel Administration Indirect Cost Public Affairs Aging Services State Health Planning Agency Total 1,934,889 1,862,599 -0- 468,753 43,105,846 1,432,181 153,391,777 1,934,889 1,862,599 (6,775,794) 468,753 19,164,017 1,372,181 67,967,663 2. Public Health Budget: Personal Services ................................................ $52,448,088 Regular Operating Expenses ...................................... $65,294,432 Travel........................................................... $1,177,397 Motor Vehicle Purchases ............................................. $13,303 Equipment. ......................................................... $70,807 Real Estate Rentals .............................................. $1,223,225 Per Diem, Fees and Contracts ..................................... $3,677,267 Computer Charges.................................................. $588,143 Telecommunications ................................................ $754,899 Crippled Children's Benefits ....................................... $7,600,000 Kidney Disease Benefits ............................................. $77,000 Cancer Control Benefits ........................................... $1,242,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ..................................................... $625,000 Family Planning Benefits ........................................... $515,582 Crippled Children's Clinics .......................................... $640,000 Special Purpose Contracts......................................... $5,745,534 Purchase of Service Contracts .................................... $10,058,491 Grant-In-Aid to Counties......................................... $69,845,582 Postage............................................................ $143,596 Grants for Regional Maternal and Infant Care ........................ $819,394 Total Funds Budgeted .......................................... $222,560,210 Indirect DOAS Services Funding ..................................... $549,718 State Funds Budgeted .......................................... $116,978,938 Public Health Functional Budgets Total Funds State Funds District Health Administation $ 10,724,010 $ 10,594,335 Newborn Follow-Up Care $ 963,615 $ 761,440 Dental Health $ 1,456,073 $ 1,245,898 Stroke and Heart Attack Prevention $ 1,962,588 $ 1,432,588 Sickle Cell,Vision and Hearing $ 3,364,157 $ 2,794,378 High-Risk Pregnant Women and Infants $ 2,336,995 $ 2, 336,995 Sexually Transmitted Diseases $ 3,533,319 $ 294,252 Family Planning $ 9,700,258 $ 5,742,742 Malnutrition $ 63,986,854 $ -0- Grant in Aid to Counties $ 55,015,448 $ 47,842,229 Children's Medical Services $ 12,307,125 $ 7,858,920 Emergency Health $ 2,927,609 $ 1,871,061 Primary Health Care $ 1,273,785 $ 1,165,029 Epidemiology $ 982,976 $ 744,786 MONDAY, FEBRUARY 10, 1992 503 Immunization Community Tuberculosis Control Family Health Management Infant and Child Health Maternal Health - Perinatal Chronic Disease Diabetes Cancer Control Director's Office Employees' Health Health Program Management Vital Records Health Services Research Environmental Health Laboratory Services Community Care Community Health Management Aids Vaccines Total $ 712,477 $ 2,428,563 $ 4,694,952 $ 3,420,278 $ 6,910,322 $ 872,781 $ 690,155 $ 2,333,243 $ 926,128 $ 316,788 $ 1,069,350 $ 1,770,844 $ 854,385 $ 1,045,670 $ 5,441,157 $ 3,362,137 $ 484,686 $ 6,198,063 $ 8,493,419 $ 222,560,210 $ -0- $ 2,056,615 $ 3,088,548 $ 2,184,811 $ 517,582 $ 872,781 $ 690,155 $ 2,111,350 $ 728,903 $ 166,788 $ 940,980 $ 1,564,939 $ 631,567 $ 811,789 $ 5,321,157 $ 1,274,229 $ 396,049 $ 3,042,623 $ 5,893,419 $ 116,978,938 3. Rehabilitation Services Budget: Personal Services .................... Regular Operating Expenses ... Travel .............................. Motor Vehicle Purchases ............. Equipment ......................... Real Estate Rentals ............ Per Diem, Fees and Contracts ........ Computer Charges .................. Telecommunications ................ Case Services ...................... E.S.R.P. Case Services .............. Special Purpose Contracts ............ Purchase of Services Contracts Institutional Repairs and Maintenance Utilities ........................... Postage ............................ Total Funds Budgeted .............. Indirect DOAS Services Funding . State Funds Budgeted .............. Rehabilitation Services Functional Budgets Total Funds Direct Field Services $ 36,756,026 Independent Living $ 552,690 Bobby Dodd Workshop $ 454,728 Sheltered Employment $ 1,598,911 Community Facilities $ 6,177,911 ...... $65,052,754 ...... $11,242,407 ...... $735,924 ......... $62,815 ......... $354,895 ..... $3,375,732 ....... $4,800,825 ....... $1,914,666 ...... $1,374,338 ...... $16,679,991 ........ $27,000 ......... $696,834 . . . $7,417,996 ......... $234,000 ......... $872,224 ....... $510,068 . . $115,352,469 ....... $100,000 ...... $20,152,947 State Funds $ 7,337,401 $ 349,402 $ 283,661 $ 756,597 $ 3,210,901 504 JOURNAL OF THE SENATE State Rehabilitation Facilities Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for the Blind Roosevelt Warm Springs Institute Total $ 7,201,625 $ 720,630 $ 3,720,614 $ 684,280 $ 25,103,011 $ 11,355,065 $ 21,026,978 $ 115,352,469 4. Family and Children Services Budget: Personal Services ....................... Regular Operating Expenses ............. Travel ................................. Motor Vehicle Purchases ................ Equipment ............................ Real Estate Rentals .................... Per Diem, Fees and Contracts ........... Computer Charges ...................... Telecommunications .................... Children's Trust Fund .................. Cash Benefits .......................... Special Purpose Contracts ............... Service Benefits for Children ............ Purchase of Service Contracts ........... Postage ................................ Grants to County DFACS - Operations . Total Funds Budgeted .................. Indirect DOAS Services Funding ......... State Funds Budgeted .................. Family and Children Services Functional Budgets Total Funds Director's Office $ 755,927 Social Services $ 2,704,795 Program Support $ 3,139,514 Administrtive Support $ 5,095,012 Regional Administration $ 3,434,352 Public Assistance $ 4,037,158 Management Information Systems $ 20,136,045 AFDC Payments $ 428,595,508 SSI - Supplemental Benefits $ 100 Refugee Programs $ 1,908,666 Energy Benefits $ 6,917,000 County DFACS Operations - Eligibility $ 99,955,408 County DFACS Operations - Social Services $ 70,237,475 Food Stamp Issuance $ 2,637,600 County DFACS Operations - Homemakers Services $ 7,196,928 $ 1,440,323 $ -0- $ 1,100,556 $ 684,280 $ -0- $ 711,192 $ 4,278,634 $ 20,152,947 . . . . $13,889,915 ..... $1,549,483 .... $338,633 ........... $-0........ $72,355 ....... $246,861 ... $4,453,589 .... $17,410,215 . $1,249,522 .... $998,044 . . . $436,567,274 . . . . . $3,509,760 . . . . $85,900,089 ..... $1,960,051 ..... $2,064,694 . . . $226,082,976 . . $796,293,461 . $2,339,882 $331,308,059 State Funds $ 755,927 $ 2,704,795 $ 2,974,927 $ 4,049,208 $ 3,434,352 $ 2,299,037 $ 8,357,511 $ 164,239,500 $ 100 $ -0- $ -0- $ 49,867,353 $ 21,832,966 $ -0- $ 1,824,920 MONDAY, FEBRUARY 10, 1992 505 County DFACS Operations - Joint and Administration County DFACS Operations - Employability Program Employability Benefits Legal Services Family Foster Care Institutional Foster Care Specialized Foster Care Adoption Supplement Day Care Home Management - Contracts Outreach - Contracts Special Projects Children's Trust Fund Commission Indirect Cost Total $ 44,126,698 $ 4,566,467 $ 7,002,811 $ 1,665,067 $ 32,665,918 $ 4,578,877 $ 1,089,523 $ 5,353,680 $ 36,084,555 $ 48,334 $ 228,334 $ 1,018,591 $ 1,113,118 $ -0- $ 796,293,461 $ 21,379,319 $ 1,750,392 $ 2,344,916 $ 1,309,379 $ 23,850,878 $ 3,728,905 $ 1,050,782 $ 3,773,991 $ 13,915,983 $ 48,334 $ 228,334 $ 996,233 $ 1,113,118 $ (6,523,101) $ 331,308,059 Budget Unit Object Classes: Personal Services ............................................... $198,551,281 Regular Operating Expenses ...................................... $81,276,150 Travel........................................................... $3,715,151 Motor Vehicle Purchases ............................................ $918,890 Equipment. ........................................................ $709,007 Real Estate Rentals ............................................. $10,734,155 Per Diem, Fees and Contracts .................................... $17,004,543 Computer Charges............................................... $24,068,258 Telecommunications .............................................. $4,805,590 Crippled Children's Benefits ....................................... $7,600,000 Kidney Disease Benefits ............................................. $77,000 Cancer Control Benefits ........................................... $1,242,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ..................................................... $625,000 Family Planning Benefits ........................................... $515,582 Case Services ................................................... $16,679,991 E.S.R.P. Case Services ............................................... $27,000 Crippled Children's Clinics .......................................... $640,000 Children's Trust Fund .............................................. $998,044 Cash Benefits .................................................. $436,567,274 Special Purpose Contracts ........................................ $10,210,128 Service Benefits for Children ..................................... $99,854,937 Purchase of Service Contracts .................................... $56,488,120 Grant-In-Aid to Counties......................................... $69,845,582 Institutional Repairs and Maintenance ............................... $323,155 Utilities ........................................................... $872,224 Postage.......................................................... $4,392,243 Payments To DMA-Community Care.............................. $11,953,772 Grants for Regional Maternal and Infant Care ........................ $819,394 Grants to County DFACS - Operations ........................... $226,082,976 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ................................ $479,026,933 506 JOURNAL OF THE SENATE Departmental Operations: Personal Services .......................... Regular Operating Expenses ................ Travel.................................... Motor Vehicle Purchases ................... Equipment ............................... Computer Charges ......................... Real Estate Rentals ....................... Telecommunications ....................... Per Diem, Fees and Contracts Utilities .................................. Authority Lease Rentals ................... Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Substance Abuse Community Services ....... Mental Retardation Community Services . Mental Health Community Services ... Community Mental Health Center Services Special Purpose Contract .................. Service Benefits for Children ............... Purchase of Service Contracts .............. Medicaid/Medicare Certification Contingency Total Funds Budgeted ..... Indirect DOAS Services Funding .... State Funds Budgeted ..................... Community Mental Health/Mental Retardation. Youth Services and Institutional Functional Budgets Total Funds Southwestern State Hospital $ 39,604,408 Georgia Retardation Center $ 30,866,453 Georgia Mental Health Institute Georgia Regional Hospital at Augusta $ 31,266,479 $ 23,944,662 Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta $ 29,305,862 $ 29,821,961 Central State Hospital Georgia Regional Hospital at Savannah $ 130,234,305 $ 24,736,003 Gracewood State School and Hospital $ 45,626,763 West Central Georgia Regional Hospital $ 23,127,862 Outdoor Therapeutic Program $ 3,292,893 Mental Health Community Assistance $ 9,584,500 Mental Retardation Community Assistance $ 4,628,395 Developmental Disabilities Grant $ 719,329 Day Care Centers for Mentally Retarded $ 68,711,404 Supportive Living $ 18,935,921 Georgia State Foster Grandparents/ Senior Companion Program $ 701,283 Project Rescue Drug Abuse Contracts $ 479,632 $ 1,100,019 Community Mental Health Center Services $ 57,782,864 $391,662,514 $38,856,368 . $1,066,496 ... $125,000 . . $1,387,977 . . $4,113,135 . . $1,211,440 . . $3,041,550 . $6,535,123 . $13,677,134 ........ $-0$1,635,606 . . $2,540,400 . $41,285,715 . $90,523,406 $19,269,403 . $57,782,864 $797,118 . . $4,940,940 . . . . $349,164 . $250,000 $681,051,353 . $2,404,100 $479,026,933 State Funds 22,938,262 11,259,270 24,852,174 20,517,874 21,521,150 20,589,472 76,931,126 19,826,039 19,760,157 18,123,287 2,467,169 9,408,192 2,984,414 -0- 40,975,404 16,752,691 674,408 479,632 1,100,019 47,993,721 MONDAY, FEBRUARY 10, 1992 507 Project ARC Metro Drug Abuse Centers Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff Community Mental Retardation Residential Services Contract with Clayton County Board of Education for Autistic Children MH/MR/SA Administration Regional Youth Development Centers Milledgeville State YDC Augusta State YDC Atlanta State YDC Macon State YDC Court Services Community Treatment Centers Day Centers Group Homes Purchased Services Runaway Investigation/Interstate Compact Assessment and Classification Youth Services Administration Medicaid/Medicare Certification Contingency Total 372,125 1,407,237 272,971 333,482 3,918,597 $ 16,399,668 88,773 9,106,214 19,761,003 10,852,740 7,326,864 4,392,332 4,121,563 13,901,297 2,907,220 937,067 712,242 6,045,345 763,027 446,438 2,264,150 250,000 681,051,353 372,125 1,197,237 272,971 333,482 3,918,597 $ 16,399,668 88,773 4,923,526 19,090,503 10,486,281 7,243,635 3,775,202 3,543,686 13,901,297 2,907,220 937,067 712,242 6,045,345 763,027 446,438 2,264,150 250,000 479,026,933 Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade .................... $15,453,602 State Operations Budget: Personal Services ................................................. $7,527,570 Regular Operating Expenses ....................................... $1,299,368 Travel............................................................. $281,803 Motor Vehicle Purchases ............................................. $26,000 Equipment. ......................................................... $35,531 Computer Charges.................................................. $110,278 Real Estate Rentals ................................................ $800,633 Telecommunications ................................................ $208,796 Per Diem, Fees and Contracts ....................................... $238,580 Local Welcome Center Contracts..................................... $129,500 Advertising and Cooperative Advertising ............................ $4,380,667 Georgia Ports Authority Authority Lease Rentals .................... $1,445,000 Historic Chattahoochee Commission Contract ............................. $-0Georgia Council for International Visitors................................. $-0Waterway Development in Georgia ....................................... $-0Contract - Georgia Association of Broadcasters ............................ $-0Southern Center for International Studies ................................ $-0Lanier Regional Watershed Commission .................................. $-0Capital Outlay .......................................................... $-0 Total Funds Budgeted ........................................... $16,483,726 508 JOURNAL OF THE SENATE State Funds Budgeted .................... $15,453,602 Department of Industry and Trade Functional Budgets Total Funds Administration 4,086,782 $ Economic Development 5,075,704 $ Tourism 7,321,240 $ Total 16,483,726 $ State Funds 3,266,782 4,915,704 7,271,116 15,453,602 Section 25. Department of Insurance. Budget Unit: Department of Insurance Operations Budget: Personal Services .................... Regular Operating Expenses ......... Travel.............................. Motor Vehicle Purchases ............. Equipment ......................... Computer Charges.................. Real Estate Rentals ................ Telecommunications ................. Per Diem, Fees and Contracts ....... Health Care Utilization Review ....... Total Funds Budgeted .............. State Funds Budgeted .............. Department of Insurance Functional Budgets Total Funds Internal Administration 2,383,152 Insurance Regulation 5,665,054 Industrial Loans Regulation 602,654 Fire Safety and Mobile Home Regulations 4,235,544 Total 12,886,404 . $12,150,922 . $10,496,153 ... $583,301 .... $510,602 ........ $-0. . . . $105,546 . $268,816 . . . . $520,761 . $249,625 ... $51,600 .... $100,000 $12,886,404 . $12,150,922 State Funds $ 2,383,152 $ 5,535,054 $ 602,654 $ 3,630,062 $ 12,150,922 Section 26. Department of Labor. Budget Unit: Department of Labor ..... State Operations: Personal Services .................... Regular Operating Expenses .......... Travel.............................. Motor Vehicle Purchases ............. Equipment ......................... Computer Charges ................... Real Estate Rentals ................. Telecommunications ................. Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts ...... W.I.N Grants ....................... Payments to State Treasury ... Capitol Outlay ...................... Total Funds Budgeted ............... State Funds Budgeted ............... . . $6,173,541 . $63,221,658 . . $5,481,591 . . $1,014,839 ........ $-0. . . . $468,869 . . $3,772,454 . $1,259,182 . $1,260,815 . $65,281,260 . . $2,827,168 ........ $-0.. $1,774,078 . . $2,800,000 $149,161,914 . . $6,173,541 MONDAY, FEBRUARY 10, 1992 509 Department of Labor Functional Budgets Total Funds Executive Offices $ 5,637,366 Administrative Services $ 18,657,136 Employment and Training Services $ 124,867,412 Total $ 149,161,914 State Funds $ 643,168 $ 2,913,095 $ 2,617,278 $ 6,173,541 Section 27. Department of Law. Budget Unit: Department of Law.................................... $8,475,028 Attorney General's Office Budget: Personal Services ................................................. $7,695,808 Regular Operating Expenses ............. $367,147 Travel............................................................. $111,057 Motor Vehicle Purchases ................................................ $-0Equipment.......................................................... $11,205 Computer Charges.................................................. $169,406 Real Estate Rentals ................................................ $462,241 Telecommunicaitons ................................................. $98,164 Per Diem, Fees and Contracts ....................... $60,000 Books for State Library ............................................. $110,000 Total Funds Budgeted ............................................ $9,085,028 State Funds Budgeted ............................................ $8,475,028 Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services ................................ $789,034,026 Departmental Operations Budget: Personal Services ................................................ $12,562,656 Regular Operating Expenses ......................................... $555,717 Travel.............................................................. $98,000 Motor Vehicle Purchases ................................................ $-0Equipment ......................................................... $33,290 Computer Charges ............................................... $18,381,115 Real Estate Rentals ................................................ $935,973 Telecommunications ................................................ $431,058 Per Diem, Fees and Contracts .................................... $50,395,285 Medicaid Benefits, Penalties and Disallowances .................. $1,940,338,960 Payments to Counties for Mental Health .......................... $39,140,013 Audit Contracts .................................................... $772,500 SFY 1991 Medicaid Benefits, Penalties and Disallowances. .........$ 246,033,809 Total Funds Budgeted ......................................... $2,309,678,376 State Funds Budgeted .......................................... $789,034,026 Medical Assistance Functional Budgets Total Funds State Funds Commissioner's Office $ 48,119,781 $ 2,669,231 Benefits, Penalties and Disallowances $ 2,225,512,782 $ 774,804,005 Community Services $ 1,143,575 $ 344,419 Systems Management $ 20,439,367 $ 5,574,898 Professional Services $ 1,628,872 $ 585,482 Program Compliance $ 4,223,369 $ 1,541,810 Institutional Policy and Reimbursement $ 8,184,728 $ 3,368,386 Maternal and Child Health $ 425,902 $ 145,795 Total $ 2,309,678,376 $ 789,034,026 510 JOURNAL OF THE SENATE B. Budget Unit: Indigent Trust Fund. Indigent Trust Fund Budget: Per Diem, Fees and Contracts ..... Benefits ......................... Total Funds Budgeted ............ State Funds Budgeted ............ Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration Departmental Operations Budget: Personal Services ................................... Regular Operating Expenses ......................... Travel............................................. Equipment ........................................ Real Estate Rentals ................................ Per Diem, Fees and Contracts ....................... Computer Charges .................................. Telecommunications ................................ Health Insurance Payments ......................... Total Funds Budgeted .............................. Other Agency Funds ................. Agency Assessments ................................ Employee and Employer Contributions ............... Deferred Compensation ............................. State Funds ....................................... Merit System Functional Budgets Total Funds Commissioner's Office $ 1,575,957 Applicant Services Classification and Compensation $ 2,540,398 $ 1,157,755 Flexible Benefits Employee Training and Development $ 1,258,887 $ 1,261,930 Health Insurance Administration Health Insurance Claims $ 25,819,672 $ 682,855,136 Internal Administration $ 2,488,416 Total $ 718,958,151 Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources Operations Budget: Personal Services ............................. Regular Operating. Expenses ................... Travel....................................... Motor Vehicle Purchases ...................... Equipment. .................................. Real Estate Rentals .......................... Per Diem, Fees and Contracts ................. Computer Charges............................ Telecommunications .......................... Authority Lease Rentals ...................... Advertising and Promotion .................... Cost of Material for Resale .................... Capital Outlay: . $95,607,241 ... $ 682,100 $249,257,433 $249,939,533 . $95,607,241 ........ $-0- . . $8,000,752 . . $1,647,665 ..... $84,509 ..... $53,553 ... $918,326 . $92,025,948 . . $2,744,579 .... $299,927 $613,182,892 $718,958,151 ..... $17,000 . . $9,267,537 $709,545,696 . $127,918 ........ $-0- State Funds -0- -0-0- -0-0- -0-0- -0- -0- . $62,820,656 $59,043,999 $11,130,908 . . $405,734 . $1,857,013 $1,868,915 . $1,816,335 $1,016,553 . . . $620,982 . $1,026,838 . . . $227,000 . . . $150,000 $2,350,000 MONDAY, FEBRUARY 10, 1992 511 New Construction ........................................ Repairs and Maintenance ................................. Land Acquisition Support ................................. Wildlife Management Area Land Acquisition ................ Shop Stock - Parks ....................................... User Fee Enhancements................................... Buoy Maintenance........................................ Waterfowl Habitat........................................ Paving at State Parks and Historic Sites ................... Grants: Land and Water Conservation ............................. Environmental Facilities .................................. Historic Preservation ..................................... Recreation ............................................... Contracts: Georgia Special Olympics ................................. Georgia Sports Hall of Fame ............... Technical Assistance Contract ............................. Corps of Engineers (Cold Water Creek State Park) .......... Georgia Rural Water Association ........................... Georgia State Games Commission .......................... U.S. Geological Survey for Ground Water Resources U.S. Geological Survey for Topographic Mapping ............ Payments To Georgia Agricultural Exposition Authority ......... Georgia Boxing Commission .................................. Total Funds Budgeted ....................................... Receipts from Jekyll Island State Park Authority ............... Receipts from Stone Mountain Memorial Association............ Indirect DOAS Funding ...................................... State Funds Budgeted........................................ Department of Natural Resources Functional Budgets Total Funds Internal Administration 6,783,027 Parks, Recreation and Historic Sites Coastal Resources Game and Fish 33,706,891 1,720,416 27,432,758 Environmental Protection Total 20,175,197 89,818,289 B. Budget Unit: Georgia Agricultural Exposition Authority Operations Budget: Personal Services .................................... Regular Operating Expenses .......................... Travel.............................................. Motor Vehicle Purchases ............................. Equipment ......................................... Computer Charges ................................... Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ........................ Capital Outlay ...................................... Total Funds Budgeted ............................... State Funds Budgeted ............................... . $100,000 $1,555,734 . . $211,500 . . $530,000 $300,000 $1,247,478 . . $20,000 ...... $-0. . $400,000 . . $800,000 ...... $-0. $239,112 ...... $-0- . . . . $179,117 ........ $-0. . . . $108,687 . . . . $175,000 . . . . . $10,000 . . . . $123,824 .... $300,000 ........ $-0. . $1,998,560 ..... $5,000 . $89,818,289 . . $314,594 .... $724,572 ... $200,000 . $62,820,656 State Funds 4,244,892 17,148,523 1,625,416 23,287,628 16,514,197 62,820,656 ........ $-0- . . $1,336,328 $1,215,367 ..... $21,600 .... $20,000 .... $76,600 .... $28,500 ........ $-0..... $18,000 ... $395,340 ........ $-0. $3,111,735 ........ $-0- 512 JOURNAL OF THE SENATE Functional Budget Total Funds Georgia Agricultural Exposition Authority $ 3,111,735 State Funds $ -0- Section 31. Depatment of Public Safety. A. Budget Unit: Department of Public Safety ........................ $79,125,990 1. Operations Budget: Personal Services ................................................ $45,792,359 Regular Operating Expenses ....................................... $7,300,576 Travel............................................................. $112,942 Motor Vehicle Purchases .......................................... $2,010,000 Equipment. ........................................................ $340,952 Computer Charges ...................................................... $-0Real Estate Rentals ................................................. $40,501 Telecommunications ................................................ $588,164 Per Diem, Fees and Contracts ....................................... $194,650 State Patrol Posts Repairs and Maintenance .......................... $150,000 Capital Outlay ......................................................... $-0Total Funds Budgeted ........................................... $56,530,144 Indirect DOAS Service Funding ..................................... $150,000 State Funds Budgeted ........................................... $56,380,144 2. Driver Services Budget: Personal Services ................................................ $16,096,823 Regular Operating Expenses ....................................... $1,691,350 Travel.............................................................. $21,883 Motor Vehicle Purchases ................................................ $-0Equipment. ......................................................... $78,497 Computer Charges ................................................ $4,411,000 Real Estate Rentals ................................................. $37,507 Telecommunications ................................................ $576,836 Per Diem, Fees and Contracts ........................................ $85,350 Capital Outlay ......................................................... $-0Conviction Reports ................................................. $265,000 Driver License Processing ........................................... $981,600 Total Funds Budgeted ........................................... $24,245,846 Indirect DOAS Service Funding ................................... $1,500,000 State Funds Budgeted ........................................... $22,745,846 Public Safety Functional Budgets Total Funds State Funds Administration $ 11,021,910 $ 11,021,910 Driver Services $ 24,245,846 $ 22,745,846 Field Operations $ 45,508,234 $ 45,358,234 Total $ 80,775,990 $ 79,125,990 B. Budget Unit: Units Attached for Administrative Purposes Only .... $12,720,097 1. Attached Units Budget: Personal Services ................................................. $7,279,637 Regular Operating Expenses ....................................... $2,287,929 Travel............................................................. $106,464 Motor Vehicle Purchases ............................................. $26,460 Equipment......................................................... $129,131 Computer Charges .................................................. $416,291 Real Estate Rentals ................................................. $95,366 Telecommunications ................................................ $142,163 MONDAY, FEBRUARY 10, 1992 513 Per Diem, Fees and Contracts ... Peace Officers Training Grants Capital Outlay ................... Total Funds Budgeted State Funds Budgeted ............ 2. Office of Highway Safety Budget: Personal Services ................. Regular Operating Expenses ....... Travel........................... Motor Vehicle Purchases ... Equipment. ...................... Computer Charges ................ Real Estate Rentals .............. Telecommunications .............. Per Diem, Fees and Contracts Highway Safety Grants Total Funds Budgeted State Funds Budgeted ............ Attached Units Functional Budgets Total Funds Office of Highway Saftey Georgia Peace Officers Standards and Training Police Academy 4,152,456 4,534,987 1,125,042 Fire Academy 1,191,770 Georgia Firefighters Standards and Training Council Organized Crime Prevention Council 418,372 -0- Georgia Public Saftey Training Facility 6,492,288 Total 17,914,915 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System................................ Departmental Operations Budget: Payments to Employees' Retirement System .......... Employer Contributions ............................. Total Funds Budgeted .............................. State Funds Budgeted .............................. Section 33. Public Service Commission. Budget Unit: Public Service Commission ............... Departmental Operations Budget: Personal Services ................................... Regular Operating Expenses Travel............................................. Motor Vehicle Purchases ............................ Equipment ........................................ Computer Charges.................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contacts ........................ Total Funds Budgeted .............................. . . . $674,662 . $2,604,356 ....... $-0$13,762,459 $12,420,462 $443,906 $33,330 . $11,328 .... $-0- . . . . . $45,874 . . . . . $75,078 ...... $4,600 . . . . . $37,540 . $3,500,000 . . $4,152,456 . . . . $299,635 State Funds $ 299,635 $ 4,508,527 $ 958,382 $ 1,111,770 $ 418,372 $ -0- $ 5,423,411 $ 12,720,097 $9,851,433 . $441,433 $9,410,000 $9,851,433 $9,851,433 $6,767,298 $6,007,361 . . $365,529 . . $180,334 . . . $58,260 . . . $12,523 $252,050 . . $294,458 $114,366 . $898,115 $8,182,996 514 JOURNAL OF THE SENATE State Funds Budgeted ............................................ $6,767,298 Public Service Commission Functional Budgets Total Funds State Funds Administration $ 1,582,117 $ 1,582,117 Transportation $ 3,001,671 $ 1,699,695 Utilities $ 3,599,208 $ 3,485,486 Total $ 8,182,996 $ 6,767,298 Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction Budget: ...................... $737,409,957 Personal Services: Educ., Gen., and Dept. Svcs ..................................... $858,005,430 Sponsored Operations ...........................................$ 112,628,630 Operating Expenses: Educ., Gen., and Dept. Svcs .....................................$ 192,410,753 Sponsored Operations ........................................... $125,986,366 Special Funding Initiative .......................................... $5,625,000 Office of Minority Business Enterprise ................................. $298,647 Special Desegregation Programs ....................................... $324,345 Forestry Research.................................................... $284,292 Capital Outlay.................................................... $18,043,465 Total Funds Budgeted .......................................... $1,313,606,928 Departmental Income ............................................. $31,702,402 Sponsored Income ............................................... $238,614,996 Other Funds .................................................... $302,852,273 Indirect DOAS Services Funding .................................... $3,027,300 State Funds Budgeted............................................ $737,409,957 B. Budget Unit: Regents Central Office and Other Organized Activities ...........$ 133,326,565 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................... $213,153,356 Sponsored Operations ............................................$ 69,540,893 Operating Expenses: Educ., Gen., and Dept. Svcs. ....................................$ 116,838,276 Sponsored Operations............................................ $37,571,199 Fire Ant and Environmental Toxicology Research........................ $51,750 Agricultural Research .............................................. $1,848,086 Advanced Technology Development Center ........................... $1,394,187 Capitation Contracts for Family Practice Residency ................... $2,635,415 Residency Capitation Grants ........................................ $2,439,285 Student Preceptorships............................................... $149,391 Center for Rehabilitation Technology ................................ $1,520,635 SREB Payments ................................................... $7,778,575 Medical Scholarships ............................................... $1,014,026 Regents Opportunity Grants .......................................... $564,000 Regents Scholarships ................................................. $188,000 Rental Payments to Georgia Military College ........................... $781,416 CRT Inc. Contract at Georgia Tech Research Institute .................. $231,300 Direct Payments to the Georgia Public Telecommunications Commission for Operations ........................................ $6,152,279 Total Funds Budgeted ........................................... $463,852,069 Departmental Income .................................................... $-0- MONDAY, FEBRUARY 10, 1992 515 Sponsored Income ............................................ Other Funds ................................................. Indirect DOAS Services Funding .............................. State Funds Budgeted........................................ Regents Central Office and Other Organized Activities Functional Budgets Total Funds Marine Resources Extension Center 1,906,473 Skidaway Institute of Oceanography 3,536,045 Marine Institute 1,305,407 Georgia Tech Research Institute 127,573,810 Education Extension Services 7,161,086 Agricultural Experiment Station 48,442,115 Cooperative Extension Service 42,872,081 Eugene Talmadge Memorial Hospital 193,755,430 Veterinary Medicine Experiment Station 2,468,373 Veterinary Medicine Teaching Hospital 2,303,303 Joint Board of Family Practice 5,865,669 Georgia Radiation Therapy Center 2,450,164 Athens and Tifton Veterinary Laboratories 3,049,212 Regents Central Office 21,162,901 Total 463,852,069 $111,220,021 $218,749,783 .... $555,700 $133,326,565 State Funds 1,369,685 1,350,517 854,684 11,750,474 1,867,348 31,581,603 26,236,269 28,557,028 2,468,373 452,014 5,865,669 -0-020,972,901 133,326,565 C. Budget Unit: Gerogia Public Telecommunications Commission ............. $-0Public Telecommunications Commission Budget: Personal Services ................................................. $6,820,748 Operating Expenses. .............................................. $7,168,653 Total Funds Budgeted ........................................... $13,989,401 Other Funds .................................................... $13,989,401 State Funds Budgeted .................................................. $-0- Section 35. Department of Revenue. Budget Unit: Department of Revenue ........... ................... $67,997,842 Operations Budget: Personal Services ................................................ $46,318,640 Regular Operating Expenses ....................................... $4,257,943 Travel........................................................... $1,245,050 Motor Vehicle Purchases ................................................ $-0Equipment. ........................................................ $290,955 Computer Charges ................................................ $8,740,450 Real Estate Rentals .............................................. $2,036,891 Telecommunications ................................................ $657,245 Per Diem, Fees and Contracts ....................................... $267,625 County Tax Officials/Retirement and FICA ......................... $2,327,000 Grants to Counties/Appraisal Staff ....................................... $-0Motor Vehicle Tags and Decals .................................... $2,585,175 Postage.......................................................... $3,235,868 Total Funds Budgeted ........................................... $71,962,842 Indirect DOAS Services Funding................................... $3,845,000 State Funds Budgeted ........................................... $67,997,842 516 JOURNAL OF THE SENATE Department of Revenue Functional Budgets Total Funds Departmental Administration $ 4,369,008 Internal Administration $ 9,832,657 Electronic Date Processing $ 5,764,090 Field Services $ 15,842,417 Income Tax Unit $ 7,868,878 Motor Vehicle Unit $ 14,662,377 Central Audit Unit $ 6,440,830 Property Tax Unit $ 3,029,985 Sales Tax Unit $ 4,105,748 State Board of Equalization Total $ 46,852 $ 71,962,842 Section 36. Secretary of State. Budget Unit: Secretary of State ................ Personal Services ............................ Regular Operating Expenses .................. Travel ...................................... Motor Vehicle Purchases ..................... Equipment. ................................. Computer Charges ........................... Real Estate Rentals ......................... Telecommunications ......... .............. Per Diem, Fees and Contracts ................ Election Expenses ........................... Total Funds Budgeted ....................... State Funds Budgeted ....................... Secretary of State Functional Budgets Total Funds Internal Administration $ 3,034,874 Archives and Records $ 4,439,985 Business Services and Regulation $ 3,935,422 Elections and Campaign Disclosure $ 1,281,524 Drugs and Narcotics $ 951,497 State Ethics Commission $ 181,709 Occupational Certification $ 7,838,733 Total $ 21,663,744 B. Budget Unit: Real Estate Commission. ........ Real Estate Commission Budget: Personal Services ............................ Regular Operating Expenses .................. Travel ...................................... Motor Vehicle Purchases ..................... Equipment. ................................. Computer Charges ........................... Real Estate Rentals ......................... Telecommunications ......................... Per Diem, Fees and Contracts ................ Total Funds Budgeted ....................... State Funds $ 4,369,008 $ 9,632,657 $ 5,546,090 $ 15,542,417 $ 6,911,878 $ 13,030,377 $ 6,440,830 $ 2,828,985 $ 3,648,748 $ 46,852 $ 67,997,842 $21,163,744 .... $14,852,113 $1,950,296 ....... $174,350 ........... $-0........ $26,761 ....... $858,111 ..... $2,282,731 ... $200,095 ....... $719,287 ....... $600,000 ... $21,663,744 .... $21,163,744 State Funds $ 2,894,874 $ 4,364,985 $ 3,840,422 $ 1,245,524 $ 897,497 $ 181,709 $ 7,738,733 $ 21,163,744 ..... $1,834,806 ..... $1,007,626 ....... $153,900 ... $15,000 ........ $44,000 ........ $12,500 ....... $329,330 ....... $113,700 .... $24,000 . . $134,750 . . . . . $1,834,806 MONDAY, FEBRUARY 10, 1992 517 State Funds Budgeted .................................. Real Estate Commisison Functional Budget Real Estate Commission State Funds 1,834,806 Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission. Soil and Water Conservation Budget: Personal Services .................................. Regular Operating Expenses ........................ Travel............................................ Motor Vehicle Purchases ........................... Equipment. ....................................... Computer Charges ................................. Real Estate Rentals ............................... Telecommunications ............................... Per Diem, Fees and Contracts ...................... County Conservation Grants........................ Total Funds Budgeted ............................. State Funds Budgeted ............................. . $1,834,806 Cost of Operations 1,874,806 . $1,700,695 . . . $894,258 . . . $107,727 .... $56,975 ....... $-0.... $12,557 ..... $6,846 .... $56,218 .... $18,676 . . . $477,421 . . . $449,198 . $2,079,876 $1,700,695 Section 38. Student Finance Commission. Budget Unit: Student Finance Commission ....................... Administration Budget: Personal Services ............................................. Regular Operating Expenses ................................... Travel....................................................... Motor Vehicle Purchases ...................................... Equipment .................................................. Computer Charges ............................................ Telecommunications .......................................... Per Diem, Fees and Contracts ................................. Real Estate Rentals .......................................... Payment of Interest and Fees ................................. Guaranteed Educational Loans ................................ Tuition Equalization Grants ................................... Student Incentive Grants . . . ................................. Law Enforcement Personnel Dependents' Grants ................ North Georgia College ROTC Grants ........................... Osteopathic Medical Loans .................................... Georgia Military Scholarship Grants ........................... Paul Douglas Teacher Scholarship Loans ....................... Total Funds Budgeted ........................................ State Funds Budgeted ........................................ Georgia Student Finance Commission Functional Budgets Total Funds Internal Administration 5,339,364 Higher Education Assistance Corporation 296,017 Georgia Student Finance Authority 23,748,917 Georgia Nonpublic Postsecondary Education Commission 506,965 Total 29,891,263 . $21,882,053 ..$4,767,718 . $401,011 . . . . . $81,800 ........ $-0. . . . . $21,000 $371,000 . . . . $147,800 . . . . . $38,000 . . . $18,000 . . . . $296,017 . . $4,076,000 . $13,790,142 . . $4,728,461 . . . . . $36,000 . . . . . $95,500 . . . $162,000 . . . . $462,030 . . . . $398,784 . $29,891,263 $21,882,053 State Funds -0- -0- 21,377,870 504,183 21,882,053 518 JOURNAL OF THE SENATE Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System..................... Departmental Operations Budget: Personal Services ........................................... Regular Operating Expenses ................................. Travel..................................................... Equipment................................................. Computer Charges .......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Cost-of-Living Increases for Local Retirement System Members Floor Fund for Local Retirement Systems .................... Total Funds Budgeted ...................................... State Funds Budgeted ...................................... $3,700,000 $3,191,881 $319,860 . . $26,650 . $16,000 $1,078,000 . $301,000 . . $113,978 . . $330,000 $3,000,000 . $700,000 $9,077,369 $3,700,000 Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education Department of Technical and Adult Education Budget: Personal Services ........................................... Regular Operating Expenses ................................. Travel..................................................... Motor Vehicle Purchases .................................... Equipment................................................. Computer Charges .......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Personal Services - Institutions .............................. Operating Expenses - Institutions ............................ Capital Outlay ............................................. Quick Start Program ....................................... Area School Program ....................................... Regents Program ........................................... Adult Literacy Grants ...................................... Total Funds Budgeted ...................................... State Funds Budgeted ...................................... Functional Budgets Total Funds Administration 5,483,462 Institutional Programs 143,051,814 Total 148,535,276 $119,154,811 . $ 3,604,265 .... $347,841 .... $104,750 ........ $-0... $13,000 .... $218,970 . . . . $495,110 .... $144,000 . . . . $555,526 . $83,703,023 . $18,525,922 ........ $-0. . $5,927,866 . $23,625,320 . . $2,612,148 . . $8,657,535 $148,535,276 $119,154,811 State Funds 3,746,108 115,408,703 119,154,811 Section 41. Department of Transportation. Budget Unit: Department of Transportation ........................ $416,758,626 For Public Roads and Bridges and for other transportation activities. Departmental Operations Budget: Personal Services ............................................... $220,636,017 Regular Operating Expenses $60,139,571 Travel......................................................... . . $1,635,678 Motor Vehicle Purchases ........................................ . . . . $500,000 Equipment.................................................... .. $4,356,489 Computer Charges .............................................. . . $4,538,721 Real Estate Rentals ............................................ . . $1,355,827 Telecommunications ............................................ . $2,007,701 MONDAY, FEBRUARY 10, 1992 519 Per Diem, Fees and Contracts ..................................... $9,707,746 Capital Outlay ................................................. $579,551,371 Capital Outlay - Airport Approach Aid and Operational Improvements .................................................... $925,335 Capital Outlay - Airport Development................................ $875,000 Mass Transit Grants .............................................. $8,141,520 Savannah Harbor Maintenance Payments ............................. $837,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction .................................................. $-0Total Funds Budgeted .......................................... $895,207,976 State Funds Budgeted .......................................... $416,758,626 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction $ 625,933,089 $ 167,858,089 Maintenance and Betterments $ 225,118,721 $ 213,878,721 Facilities and Equipment $ 7,099,748 $ 6,499,748 Administration $ 22,187,157 $ 21,642,157 Total $ 880,338,715 $ 409,878,715 General Funds Budget Paving at State and Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total Total Funds -01,279,474 11,891,502 837,000 861,285 14,869,261 Section 42. Department of Veterans Service. Budget Unit: Department of Veterans Service ........... Departmental Operations Budget: Personal Services .................................... Regular Operating Expenses .......................... Travel.............................................. Motor Vehicle Purchases ............................. Equipment. ......................................... Computer Charges................................... Real Estate Rentals ................................. Telecommunications ................................. Per Diem, Fees and Contracts ....................... Capital Outlay ...................................... Operating Expense/Payments to Central State Hospital ......................................... Operating Expense/Payments to Medical College of Georgia ....................................... Rgular Operating Expenses for Projects and Insurance . Total Funds Budgeted ............................... State Funds Budgeted ............................... Veterans Service Functional Budgets Total Funds Veterans Assistance 4,865,017 State Funds -0955,211 4,226,415 837,000 861,285 6,879,911 . $20,942,949 . . $4,365,624 ... $107,713 ..... $62,983 ........ $-0. . . . . $32,620 .... $10,795 ... $231,872 ..... $53,760 ..... $23,100 ........ $-0- .$ 14,912,640 . . $ 5,878,566 .... $131,100 . $25,810,773 . $20,942,949 State Funds $ 4,649,988 520 JOURNAL OF THE SENATE Veterans Home and Nursing Facility Milledgeville Veterans Nursing Home - Augusta Total 15,043,190 5,902,566 25,810,773 11,823,202 4,469,759 20,942,949 Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board Operations Budget: Personal Services ........................ Regular Operating Expenses Travel.................................. Motor Vehicle Purchases ................. Equipment ............................. Computer Charges ....................... Real Estate Rentals ..................... Telecommunications ..................... Per Diem, Fees and Contracts Georgia Crime Victime Assistance Program Payments to State Treasury .............. Total Funds Budgeted State Funds Budgeted ................... $8,469,587 $6,524,668 . . $304,468 . . . $63,540 ...... $-0.... $2,687 . . $210,673 . . $984,835 . . $101,250 $116,315 . . . $30,151 $241,000 $8,579,587 $8,469,587 Section 44. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) .................................. Motor Fuel Tax Funds (Issued) ................................ $251,163,218 . $70,000,000 321,163,218 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ............................ Motor Fuel Tax Funds (New) .......................... $24,326,020 . $9,260,000 Section 45. State of Georgia Guaranteed Revenue Debt Common Reserve Fund. Budget Unit: State of Georgia Guaranteed Revenue Debt Common Reserve Fund (Issued) .............................. $5,000,000 In addition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of $4,630,000 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 Author ity for loans to local governments for "sewerage facilities" and "water facilities" as defined 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 issue. Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the 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 MONDAY, FEBRUARY 10, 1992 521 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 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 Attorney's 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 Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 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 develop a plan to centralize the mailing functions of state government and begin implemen tation 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 com mitted for youth programs and activities. Section 54. Provisions Relative to Section 15, Department of Community Affairs. Pro vided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects. Section 55. 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. 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. Provided, that the Department shall require the same qualifications for contract chap lains as that for classified merit system positions with the same job duties. Section 56. Provisions Relative to Section 18, State Board of Education - Department of Education. The formula calculation for Quality Basic Education funding assumes a base 522 JOURNAL OF THE SENATE 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 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. It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganiza tion of regional services prior to and during the 1992 regular session. It is the intent of this General Assembly that the Department of Education shall estab lish a State Field Director in Atlanta; Regional Coordinators in Athens, in Tifton, and in Swainsboro; and secretarial positions for each of the above, all for the purpose of agricul tural education. MONDAY, FEBRUARY 10, 1992 523 Section 57. Provisions Relative to Section 19, Employees Retirement System. The em ployees Retirement System is authorized to increase the employer contribution rate by nine one-hundredths 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 58. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Page/Walker Nursery remain open. Section 59. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than De partmental internal forms. Section 60. 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 3 4 5 6 7 8 9 10 11 Standards of Need $235 356 424 500 573 621 672 713 751 804 860 Maximum Monthly Amount $155 235 280 330 378 410 444 470 496 530 568 It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA insti tution for fiscal year 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 increased funds for the PEACH program be distributed to those counties that have initiated the PEACH program with local funding, and to increase statewide participation from 7% to 11% of the AFDC population. 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. 524 JOURNAL OF THE SENATE 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 1990 is not appropriated at the level applied for, the De partment 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. It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital. It is the intent of this General Assembly that the Department of Human Resources continue the Huntington Disease program through the assignment of existing personnel to the program. It is the intent of this General Assembly that all previously allocated Drug Block Grant funds for the Fetal Alcohol Program ($247,660) be used, along with the $24,458 state appro priations to continue the fetal alcohol program at its current level. Section 61. Provisions Relative to Section 25, Department of Insurance. It is the in tent 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 Title 33, Chapter 46. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion 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 62. 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 pursu ant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes 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. Section 63. Provisions Relative to Section 29, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $155.00 per merit system budg eted position for the cost of departmental operations. Each agency and department head shall cause to be filed with the chairman and each member of the House and Senate Appropriations Committees at their legislative offices on the first day of each month beginning September 1, 1991, the name, position, race, and gender of each employee who is terminated or reassigned as a result of the reduction in MONDAY, FEBRUARY 10, 1992 525 funds and positions enacted by this Act and, in the case of reassignment, the position to which such employee was reassigned. _ If any officer or employee of any department, agency, or other institution of state gov ernment is separated from state employment as a result of the budgetary reductions pro vided for in this Act and such officer or employee therefore becomes entitled to an involun tary separation retirement or pension benefit, then no department, agency, or other institution of state government shall contract with such former officer or employee, directly or indirectly, for the rendering of personal services by or under the direction of such former officer or employee. Likewise, no department, agency or other institution shall contract for the rendering of personal services by any other entity, if the former officer or employee will play a substantial role in the contracting for or delivery of such personal services or will derive a substantial financial benefit from the contract. Employees whether in the classified service or are serving in an unclassified position who are so employed on the effective date of this Act and who are laid off as a result of budget reductions in this amendatory Act to the "General Appropriations Act" for State Fiscal Year 1991-1992 shall retain status in and will have the right to be reinstated to a position in the class in their competitive area for a period of two years from the date of separation. The reinstatement shall be in inverse order to the order of layoff. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement under this provision. It is the intent of this General Assembly that the rates of the employer contributions to the state-administered health insurance plans for teachers, non-certified school personnel and state employees be reduced so that the amount of direct and indirect State Funds con tributed in the final five months of SFY 1992 will be at least $62,000,000 less than would have been the case without such rate reductions. Section 64. 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. Provided that of the funds appropriated herein for Historic Preservation Grants, distri bution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991. 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 Divi sion for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Section 65. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accor dance with the Rules and Regulations issued by the Commissioner of Public Safety. Section 66. 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. To reduce funding for Resident Instruction; the Board of Regents has flexibility in the application of reduced funding. However, the Governor recommends that teacher education 526 JOURNAL OF THE SENATE and nursing programs be continued to the maximum extent possible as part of the Special Funding Initiative and that the Board of Regents begin the process of increasing fees for continuing education programs. It is the intent of this General Assembly that a preliminary study will be conducted by July 1, 1992 to determine the economic feasibility of converting Valdosta State College to University status. Section 67. Provisions Relative to Section 36, Secretary of State. It is the intent of this General Assembly that the Secretary of State be given flexibility in making the position reductions recommended by the Governor. Provided, that of the funds appropriated for Oc cupational Certification, $60,000 is authorized for board member participation at confer ences related to professional regulation. Section 68. Provisions Relative to Section 40, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education. 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 69. 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. MONDAY, FEBRUARY 10, 1992 527 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. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose or providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. Section 70. 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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 72. 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 metro 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 73. 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 form the annual operating budgets; and 528 JOURNAL OF THE SENATE Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of the Appropriations Committees of the Senate and House of Representatives of the in stances of noncompliance with the stated intent of this Section. A nonprofit contractor, as defined in Chapter 20 of Title 50, which contracts to receive any public funds appropriated in this Act shall comply with all provisions of Chapter 20 of Title 50 and shall, in addition, deposit copies of each filing required by Chapter 20 of Title 50 with the chairmen of the House and Senate Appropriations Committees and with the Legislative Budget Office, at the same time as the filings required under Chapter 20 of Title 50. Any nonprofit entity which receives a grant of any public funds appropriated in this Act without entering into a contractual arrangement shall likewise, as a condition of such grant, comply with the provisions of Chapter 20 of Title 50 in the same manner as a state contrac tor and shall likewise file copies of required filings with the chairmen of the House and Senate Appropriations Committees. Section 74. 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 deter mine expenditures as contemplated in this Appropriations Act. Section 75. 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 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds. Section 77. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly. Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 79. (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, as amended by the Governor's budget recommendations as submitted to the General Assembly at the August, 1991 extraordinary session, except as otherwise speci fied in this Act; provided, however, the Director of the Budget is authorized to make inter nal transfers within a budget unit between objects, programs and activities subject to the conditions that no funds whatsoever shall be transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this MONDAY, FEBRUARY 10, 1992 529 Appropriation Act applies; and provided, further, that no funds whatsoever shall be trans ferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Audi tor shall make an annual report to the Appropriations 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, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments properly approved by the Director of the Budget. (b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget. Section 80. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes for Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget. Section 81. 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 82. Provisions Relative to Section 44, State of Georgia General Obligation Debt Sinking Fund. The debt-service amounts listed below are hereby appropriated for debt service on new issues of general obligation bonds, the principal amount of which shall not exceed those listed thereby, to be used for projects and purposes listed thereby. A.) Maturities not to exceed two hundred forty months. Principal Amount Debt Service Construction of Public Libraries Local School Construction and Planning Grants Governor's Road Improvement Program Board of Regents - Capital Outlay for Various Institutions Installation or Replacement of Fire Alarm Systems at Mental Hospitals and Youth Development Centers $ 3,505,000 $ 324,563 $ 140,000,000 $ 12,964,000 $ 100,000,000 $ 9,260,000 $ 68,911,600 $ 6,381,215 $ 2,100,000 $ 194,460 530 JOURNAL OF THE SENATE Installation or Replacement of HVAC Systems in Mental Hospitals and Youth Development Centers $ 2,015,000 $ 186,589 "Roofing Projects at Various DHR Hospitals and Facilities $ 3,095,000 $ 286,597 Renovate and Replace Mechanical and Utility Systems at Various DHR Hospitals $ 2,790,000 $ 258,354 Construction of Connecting Bridge at the Georgia World Congress Center $ 3,000,000 $ 277,800 Renovation of the Trinity-Washington Building $ 12,700,000 $ 1,176,020 Classrooms, Land Acquisition, Design, Equipment and Renovations at Various Technical and Adult Institutions $ 9,658,400 $ 894,367 Communications Equipment for the Public Telecommunications Commission $ 1,425,000 $ 131,955 Construction Funding and Equipment for the Board of Regents (Georgia Research Alliance) $ 13,500,000 $ 1,250,100 Section 83. Other Budget Adjustments To reflect rate reduction in health insurance ....................... $(62,000,000) Section 84. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1992 ................................................ $7,551,311,790 Section 85. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 86. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Coleman Collins Deal Dean Echols Edge English Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ranisey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd MONDAY, FEBRUARY 10, 1992 531 Those voting in the negative were Senators: Albert Burton Egan Phillips Those not voting were Senators: Dawkins (excused) Foster Harris Langford Shumake White (excused) On the adoption of the substitute, the yeas were 46, nays 4, 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 of 46th Brown of 26th Clay Collins iTJ~Clt*tni]l Dean Echols Edge English Foster Garner Gillis Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Burton Egan Phillips Those not voting were Senators: Coleman Dawkins (excused) Harris Langford Shumake White (excused) On the passage of the bill, the yeas were 46, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, having been read the third time on January 13, 532 JOURNAL OF THE SENATE 1992 and committed to the Senate Committee on Youth, Aging and Human Ecology, and favorably reported by the committee, was put upon its passage: 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. Senate Sponsors: Senators Steinberg of the 42nd and Scott of the 36th. The Senate Committee on Youth, Aging and Human Ecology offered the following amendment to HB 654: Amend HB 654 by striking from line 5 of page 2 the word "six" and inserting in lieu thereof the word "four". By striking from lines 23 through 25 of page 3 the following: "shall receive a per diem not to exceed that provided for members of the General As sembly or". By striking from lines 4 and 8 of page 4 the following: "1991", and inserting in lieu thereof the following: "1992". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. Senators Newbill of the 56th, Clay of the 37th and Egan of the 40th offered the follow ing amendment: Amend HB 654 by striking on line 12, page 3, the following: "public or" and striking on line 27, page 3, the following: "public or". On the adoption of the amendment, the yeas were 19, nays 25, and the amendment offered by Senators Newbill of the 56th, Clay of the 37th and Egan of the 40th was lost. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Coleman Collins Deal Dean Echols Edge English Foster Garner Gillis Hammill Henson Hooks Huggins Johnson Kidd Marable Moye MONDAY, FEBRUARY 10, 1992 533 Perry Phillips Pollard - Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Clay Egan Hasty Newbill Starr Those not voting were Senators: Burton Dawkins (excused) Harris Hill Langford Perdue Shumake White (excused) On the passage of the bill, the yeas were 42, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. The President announced that the Senate would stand in recess from 12:00 o'clock Noon until 1:30 o'clock P.M. At 1:30 o'clock P.M., the President called the Senate to order. The following general bill of the Senate, having been read the third time on January 13, 1992 and committed to the Senate Committee on Finance and Public Utilities, and favora bly reported by the committee, postponed on January 15 until February 3, and postponed on February 3 until February 7, was put upon its passage: SB 10. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user. The Senate Committee on Finance and Public Utilities offered the following substitute to SB 10: A BILL To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that a municipal, county, or privately owned water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user; to require water com panies to seek reimbursement for unpaid charges only from the person who incurred the charges; to provide that a landlord may be liable for a maximum of $50.00 of unpaid charges accrued by a former tenant; to provide that no municipality, county, or privately owned water company shall have a lien against any property to secure unpaid water charges; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding 534 JOURNAL OF THE SENATE immediately following Code Section 36-60-15 a new Code Section 36-60-16 to read as follows: "36-60-16. (a) Except as otherwise provided in this Code section, no municipal, county, "or privately owned water company shall refuse to supply water to any premises on applica tion of the owner of the premises because of the indebtedness of a prior owner, occupant, or lessee to the water company for water previously furnished to such premises. (b) For each new or currrent account to supply water to any premises or property, the municipal, county, or privately owned water company shall maintain a record of identifying information on the user of the water service, including a Social Security number if the user is an individual, and shall seek reimbursement of unpaid charges for water service only from the person who incurred the charges. (c) No municipality, county, or privately owned water company shall have a lien against property to which water service has been furnished to secure unpaid charges, rates, or fees. (d) In the case of a landlord-tenant rental agreement, a landlord whose former tenant accrues unpaid charges for water service shall be responsible to a municipal, county, or pri vately owned water company only for the amount of two months' charges or a maximum of $50.00; provided, however, that this subsection shall not apply to a landlord who distributes water to tenants under a master meter delivery system. It shall be the responsibility of a municipal, county, or privately owned water company to disconnect water supply to prop erty because of unpaid charges." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 0, nays 41, and the substitute offered by the Senate Committee on Finance and Public Utilities was lost. Senators Tysinger of the 41st and Johnson of the 47th offered the following substitute to SB 10: A BILL To be entitled an Act to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to provide that a municipal, county, or privately owned water company may not refuse to supply water to certain property because of the indebtedness of a prior owner, prior occu pant, or prior lessee; to provide for exceptions; to require water companies to keep identify ing information on any user; to require water companies to seek reimbursement for unpaid charges initially from the person who incurred the charges; to provide for limited liens for unpaid charges for water furnished; to provide for a 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. Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding immediately following Code Section 36-60-15 a new Code Section 36-60-16 to read as follows: "36-60-16. (a) Except as otherwise provided in this Code section, no municipal, county, or privately owned water company shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water company for water previously furnished to such premises. (b) For each new or current account to supply water to any premises or property, the municipal, county, or privately owned water company shall maintain a record of identifying MONDAY, FEBRUARY 10, 1992 535 information on the user of the water service and shall seek reimbursement of unpaid charges for water furnished initially from the person who incurred the charges. - (c) Except as provided in subsection (d) of this Code section, a municipal, county, or privately owned water company may impose a lien against real property to secure unpaid charges for water furnished. (d) (1) As used in this subsection, the term 'property' means single or multifamily resi dential property to which water has been furnished through the use of a separate water meter for each residential unit. (2) No lien to secure unpaid charges for water provided to a lessee of property and imposed by a municipal, county, or privately owned water company shall exceed the amount of two months' average charges for water furnished averaged over the latest 12 months of tenancy or over the period of actual tenancy, whichever is less. Section 2. This Act shall become effective on May 1, 1992, or on the date this Act is approved by the Governor or upon its becoming law without such approval, whichever is later. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute to SB 10 offered by Senators Tysinger of the 41st and Johnson of the 47th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton CCloalyeman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill HHouogkgsins Johnson Kidd Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson />ntt ^ S^temb, erg i,ate Tavlor Thompson Timmons Turner Tysinger Walker of 22nd Voting in the negative was Senator Marable. Those not voting were Senators: Dawkins (excused) Langford Shumake Walker of 43rd White (excused) On the adoption of the substitute, the yeas were 50, nays 1, and the substitute to SB 10 offered by Senators Tysinger of the 41st and Johnson of the 47th was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SB 10 would be would be suspended until the next meeting day of the Senate, Tuesday, February 11. 536 JOURNAL OF THE SENATE The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 341. By Senators Bowen of the 13th and Timmons of the llth: A bill to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to membership in the Peace Officers' Annuity and Benefit Fund, so as to provide that a certain peace officer who has been in continuous service as a peace officer for a certain number of years shall be eligible for membership in the fund and for the annuity and benefits provided for by said fund; to provide credit for prior service under certain conditions. 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 Rooney Bowen State Senator FROM: G. W. Hogan, State Auditor DATE: February 13, 1991 SUBJECT: Senate Bill (LC 7 7937) Peace Officers' Annuity and Benefit Fund This bill would allow any peace officer who was over 45 but less than 50 years of age at the time of becoming a peace officer and who had at least 16 years of continuous service as of July 1, 1990, to be eligible for membership in the Peace Officers' Annuity and Benefit Fund. Such peace officers who become members of the fund would receive credit for prior service by paying dues to the board at the rate of $10 per month (plus eight percent interest per annum) for all prior service years claimed. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. is/ G.W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to SB 341: A BILL To be entitled an Act to amend Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to membership in the Peace Officers' Annuity and Benefit Fund, so as to provide that a certain peace officer who has been in continuous service as a peace officer for a certain number of years shall be eligible for membership in the fund and for the annu ity and benefits provided for by said fund; to provide credit for prior service under certain conditions; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-17-40 of the Official Code of Georgia Annotated, relating to membership in the Peace Officers' Annuity and Benefit Fund, is amended by striking sub section (a) in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: "(a) In order to obtain membership in the fund, a peace officer shall make application MONDAY, FEBRUARY 10, 1992 537 to the board upon an application blank to be furnished by it for that purpose. It shall be the duty of the employing authority to notify the board within 30 days from the date a peace officer is employed, furnishing the name and mailing address of such peace officer. The board shall furnish an application blank to such peace officer within 15 days after such notification. The application blank shall be accompanied by such material and information as will enable the peace officer to determine the benefits to be derived by virtue of his membership in the fund. An applicant must furnish proof of the date of his birth, and such proof shall be in such form as shall be required by the board. Ne Except as otherwise pro vided by subsection (d) of this Code section, no person who that becomes a peace officer on or after December 1, 1965, and who is 45 years of age or older on the date of becoming a peace officer shall ever be eligible for membership in the fund nor for any annuity and benefits provided for in this chapter." Section 2. Said Code section is further amended by adding at the end thereof a new subsection (d) to read as follows: (d) Any other provisions of this chapter to the contrary notwithstanding, any peace officer who was over 45 years of age but less that 50 years of age upon becoming a peace officer and who on July 1, 1990, has 16 or more years of continuous service as a peace officer shall be eligible for membership in the fund and for the annuity and benefits provided for in this chapter. The requirement for a medical examination provided for in subsection (b) of this Code section shall apply to a peace officer becoming a member of the fund pursuant to the authority of this subsection. A peace officer who becomes a member of the fund pursu ant to the authority of this subsection shall receive credit for not more than five years of prior service as a peace officer by paying to the board dues at the rate of $10.00 per month plus 10 percent interest per annum compounded annually from the date the prior service was rendered to the date of payment for all years of prior service claimed as creditable service. Subsection (c) of Code Section 47-17-44 and subsection (a) of Code Section 47-17-70 shall not limit the right to receive credit for prior service pursuant to the authority of this subsection. A peace officer wishing to become a member of the fund pursuant to the author ity of this subsection shall apply therefor to the board by not later than January 1, 1993, and the payment for prior service, which shall be necessary for membership in the fund, shall be made to the board at the time the application is filed with the board." Section 3. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chaopter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following Certification, as required by law, was read by the Secretary: DEPARTMENT OF AUDITS 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 14, 1991 SUBJECT: Senate Bill 341 (Substitute) (LC 21 1354S) Peace Officers' Annuity and Benefit Fund As amended, this bill would allow any peace officer who was over 45 but less than 50 538 JOURNAL OF THE SENATE years of age at the time of becoming a peace officer and who had at least 16 years of contin uous service as of July 1, 1990, to be eligible for a maximum of five years of prior service credit in the Peace Officers' Annuity and Benefit Fund. Such peace officers who become members of the fund would receive credit for prior service by paying dues to the board at the rate of $10 per month (plus 10 percent interest per annum) for all prior service years claimed and have a medical examination. This is to certify that the changes made in this substitute bill (increasing the interest rate required by the member seeking credit for prior service from eight percent to 10 per cent) are a reduction in cost amendment as defined in the Public Retirement Systems Stan dards Law. According to the system's actuary, the cost reduction would be so minimal that it would not have any impact on the actuarial investigation previously completed for LC 21 1246S. Therefore, the actuarial investigation for LC 21 1246S would also apply to this sub stitute version of Senate Bill 341 (LC 21 1354S). /s/ G. W. Hogan State Auditor 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 Horace E. Tate, Chairman State Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - Senate Bill 341 (LC 21 1246S) Peace Officers' Annuity and Benefit Fund This bill would allow any peace officer who was over 45 but less than 50 years of age at the time of becoming a peace officer and who had at least 16 years of continuous service as of July 1, 1990, to be eligible for a maximum of five years of prior service credit in the Peace Officers' Annuity and Benefit Fund. Such peace officers who become members of the fund would receive credit for prior service by paying dues to the board at the rate of $10 per month (plus eight percent interest per annum) for all prior service years claimed and have a medical examination. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 34,330 (2) The amount of annual normal cost which will result from the bill. $ 5,495 (3) The employer contribution rate currently in effect. $ 8,345,000 (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 7,827,523 (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___0 MONDAY, FEBRUARY 10, 1992 539 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor TPF&C A Towers Perrin Company 950 East Paces Ferry Rd. Atlanta, Georgia 30326-1119 404 365-1600 August 13, 1991 Mr. C. D. Lunsford Director, Program Audits Division Department of Audits 254 Washington Street, S.W., Room 214 Atlanta, Georgia 30334-8400 Dear Mr. Lunsford: SENATE BILL 341 - LC 21 1246S As requested, we are writing to you concerning the enclosed legislation. This legislation allows membership for individuals meeting certain age and continuous service requirements as of July 1, 1990 and allows for purchase of up to five years of prior service for creditable service. Based on the results of our actuarial study as of July 1, 1990, the fiscal impact of the legislation is summarized below. The results assume an estimated increase in membership of five individuals due to this legislation. Actuarial Accrued Liability Fund Value Unfunded Actuarial Accrued Liability Before Legislation $133,182,971 114,617,667 18,565,304 After Legislation $133,217,301 114,617,667 18,599,634 Change Due to Legislation $ 34,330 Normal Cost 2,878,556 2,884,051 5,495 Contribution Required Due to Minimum Funding Standards 7,818,705 7,827,523 8,818 Employer Contribution Rate (based on actual 7/1/89-7/1/90 employer contribution) 8,345,000 8,345,000 0 The current annual employer contribution rate of $8,345,000 is adequate to meet the mini mum funding standards specified by Code Section 47-20-10 which would require an annual contribution of $7,827,523 after changes due to this legislation. No change in employer con tribution rate would be required in order to meet minimum funding standards or to keep the fund in an actuarially sound condition provided no other changes are made and pro vided the manner of allocating court fines to the Fund is not altered. 540 JOURNAL OF THE SENATE If we can be of further assistance, please feel free to call. Sincerely, /s/ Betsy Scattergood Principal Enclosure cc: Mr. Flynt Langford -- Peace Officers Annuity Board On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable 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 Those not voting were Senators: Dawkins (excused) Egan Langford Moye Shumake Walker of 43rd White (excused) On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 465. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employees' health insurance plan, so as to pro vide that certain former state employees shall be entitled to medical and dental care deemed by the State Personnel Board to be necessary or shall be entitled to coverage under the state employees' health insurance plan upon the payment of an annual premium to be fixed by such board. MONDAY, FEBRUARY 10, 1992 541 The Senate Committee on Govermental Operations offered the following substitute to SB 465: A BILL To be entitled an Act to amend Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' insurance and benefit plans, so as to provide that those state employees with at least 34 years of creditable service who retired from state government prior to July 1, 1962, who are entitled to full medical and dental services from a state hospital, as established by the State Board of Health in its March 1, 1962, meeting, shall be exempt from any and all personal liabilities for services at state hospitals; to iden tify such services; to provide that such retired employees shall be required to cooperate in the application and claims process for any and all benefits, plans, or programs available for payment of cost of care at state hospitals, but such employees shall be exempt from per sonal liability for any cost after application of such benefits, plans, or programs; to provide that it is the intent of this Act to provide that any such state employees currently hospital ized at any state hospital shall be relieved of personal liability for any existing cost of care charges, provided employees or those responsible for employees cooperate and ensure that to the greatest extent possible applications are made for all benefits, plans, and programs available for payment of cost of care at state hospitals; 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 18 of Title 45 of the Official Code of Georgia Annotated, relating to state employees' insurance and benefit plans, is amended by adding at the end thereof a new Article 5 to read as follows: "ARTICLE 5 45-18-80. Any other provision of this article to the contrary notwithstanding, those state employees with at least 34 years of creditable service who retired from state government prior to July 1, 1962, who are entitled to full medical and dental services from a state hospi tal, as established by the State Board of Health in its March 1, 1962, meeting, shall be exempt from any and all personal liabilities for services at state hospitals. Such services shall include full medical, dental, psychiatric, skilled and intermediate nursing care, and custodial care as available at state hospitals and shall be considered as part of retirement benefits to such retirees. Such retired employees shall be required to cooperate in the appli cation and claims process for any and all benefits, plans, or programs available for payment of cost of care at state hospitals, but such employees shall be exempt from personal liability for any cost after application of such benefits, plans, or programs. 45-18-81. It is the intent of this article to provide that any such state employees cur rently hospitalized at any state hospital shall be relieved of personal liability for any ex isting cost of care charges, provided employees or those responsible for employees cooperate and ensure that to the greatest extent possible applications are made for all benefits, plans, and programs available for payment of cost of care at state hospitals." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. The following 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 Culver Kidd State Senator 542 JOURNAL OF THE SENATE FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: January 27, 1992 SUBJECT: Fiscal Note - Senate Bill 465 (substitute) (LC 20 9705S) State Employees' Health Insurance Plan: Medical and Dental Care for Cer tain Retirees of State Hospitals This bill would provide that certain state employees who retired prior to July 1, 1962 with at least 34 years of creditable service be exempt from any existing and future personal liabilities for medical and dental services (including psychiatric, skilled and intermediate nursing care and custodial care) received at state hospitals. Eligible employees would consist of those individuals who are entitled to receive medical and dental services from a state hospital as established by the State Board of Health in March 12, 1962. Such retired em ployees or those responsible for such employees would be required to cooperate in applying for all benefits, plans, and programs available for the payment of cost of care at state hospitals. This bill would result in a revenue loss to Central State Hospital of approximately $28,500 the first year for the two eligible retired Central State Hospital employees curretnly receiving nursing care at Central State. These figures are based upon existing Medicaid ac counts receivable of $12,100 and anticipated future co-payment obligations of $16,400 per year. It should be noted that the state could also incur an additional revenue loss of approximatley $46,100 per year in federal Medicaid funds if the two retired employees became ineligible to receive Medicaid due to an increase in income resulting from the elimination of the Medicaid co-payment liability. An additional five employees retired from Central State Hospital would also fall under the provisions of the bill; however, these persons are not currently receiving services at the hospital. Changes in the level of care provided to the seven eligible retired employees in the future could not be estimated and therefore were not included in the analysis. M G. W. Hogan State Auditor /s/ Henry M. Huckaby Director, Office of Planning and Budget 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 as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott MONDAY, FEBRUARY 10, 1992 543 Starr Steinberg Tate Taylor Thompson Timmons Tysinger Walker of 22nd Those not voting were Senators: Coleman Dawkins (excused) Langford Newbill Ragan of 32nd Shumake Turner Walker of 43rd White (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. SB 471. By Senator Kidd of the 25th: A bill to amend Article 1 of Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to the State Merit System of Personnel Administration gen erally, so as to reinstate or create the position of chaplain as a position in the classified service; to provide for the employment of chaplains by the various de partments of state government; to limit the number of chaplains for a depart ment of state government; to provide for funding of chaplain positions. 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 Culver Kidd State Senator FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: January 21, 1992 SUBJECT: Fiscal Note - Senate Bill 471 (LC 10 9597) State Merit System: Reinstatement or Creation of Position of Chaplain This bill would reinstate or create the position of chaplain in the classified service and would restrict any department from employing more than 14 chaplains in classified posi tions. Chaplain positions would be funded through the state operations budget applicable to a department. This bill would have no fiscal impact since it would not require the hiring of chaplain personnel within the classified service and would not affect any currently employed chap lains. It should be noted that the position of chaplain already exists in the classified service. Currently, only the Department of Corrections has these positions and all five are currently filled. /s/ G. W. Hogan State Auditor /s/ Henry M. Huckaby Director, Office of Planning and Budget 544 JOURNAL OF THE SENATE Senator Collins of the 17th offered the following amendment: Amend SB 471 by striking in their entirety lines 17 through 25 on page 1, which read as follows: "45-20-18. The position of chaplain is reinstated or created as a position in the classi fied service. Notwithstanding any other provisions of law relating to contract chaplains, a department may employ one or more chaplains who shall be in the classified service; pro vided, however, that no department shall employ more than 14 chaplains. Chaplain posi tions shall be funded through the state operations budget applicable to a department.", and inserting in lieu thereof the following: "45-20-18. The position of chaplain is reinstated or created as a position in the classi fied service. Notwithstanding any other provisions of law relating to contract chaplains, a department may employ one or more chaplains who shall be in the classified service; pro vided, however, that no department shall create any additional chaplain positions and no chaplains shall be employed in the classified service unless funds are specifically appropri ated to a department for such a chaplain position or positions." On the adoption of the amendment offered by Senator Collins of the 17th, Senator Newbill of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Clay Collins Deal Edge Egan Newbill Phillips Ragan of 32nd Steinberg Taylor Tysinger Those voting in the negative were Senators: Alien Baldwin Bishop Bowen Broun of 46th B.B.ru.or.wtonn of 26th Coleman Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson HTHT iolol ki s Huggins Johnson Kidd Marable Moye Perdue Perry Pollard Ragan of 10th Ramsey n nRofb.inson Thompson Timmons Turner Walker of 22nd Those not voting were Senators: Dawkins (excused) Langford Shumake Starr Walker of 43rd White (excused) On the adoption of the amendment, the yeas were 12, nays 38, and the amendment offered by Senator Collins of the 17th was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. MONDAY, FEBRUARY 10, 1992 545 On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge 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 Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Voting in the negative were Senators Hasty and Taylor. Those not voting were Senators: Dawkins (excused) Langford Shumake Starr Walker of 43rd White (excused) On the passage of the bill, the yeas were 48, nays 2. The bill, having received the requisite constitutional majority, was passed. SB 478. By Senators Clay of the 37th, Newbill of the 56th, Collins of the 17th and Ragan of the 32nd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to eliminate the plea of nolo contendere to a charge of driving under the influence of alcohol or drugs; to repeal certain provi sions relating to suspension of a driver's license for failure to complete a DUI Alcohol or Drug Use Risk Reduction Program. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Broun of 46th Burton C lay Cfman DCoealllins j}ean Echols Edge Egan English Foster Garner Gillis Hasty Henson Hill Hooks tHruggi ns Johnson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson So coit.4t. Steinberg Taylor Thompson Turner Tysinger Walker of 22nd 546 JOURNAL OF THE SENATE Those voting in the negative were Senators: Alien Bishop Bowen Brown of 26th Hammill Harris Kidd Ragan of 10th Tate Those not voting were Senators: Dawkins (excused) Langford Shumake Starr Timmons Walker of 43rd White (excused) On the passage of the bill, the yeas were 40, nays 9. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 3:19 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. TUESDAY, FEBRUARY 11, 1992 547 Senate Chamber, Atlanta, Georgia Tuesday, February 11, 1992 Twelfth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1354. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing for the election of the members of the Board of Education of Henry County from districts, so as to reapportion the districts from which members of the Board of Education of Henry County are elected. HB 1355. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to reapportion commissioner districts for the election of members of the board of commissioners. HB 1379. By Representative Purcell of the 129th: A bill to amend an Act which reconstitutes the board of education of Effingham County School District, so as to provide for the election and terms of office of the members of the board; to reapportion the education districts. HB 1382. By Representative Purcell of the 129th: A bill to amend an Act creating a Board of Commissioners of Roads and Re' anues for the County of Effingham, so as to reapportion the commissioner districts. HB 1499. By Representative Smith of the 78th: A bill to amend an Act providing a new charter for the City of Barnesville, so as to change provisions relating to the removal of the city administrator and relat ing to the acting city administrator; to change provisions relating to council in terference with administration. 548 JOURNAL OF THE SENATE HB 1506. By Representatives Purcell of the 129th and Floyd of the 154th: A bill to provide a new charter for the City of Riceboro. HB 1203. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth: A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to pro vide that with the exception of crematories licensed by the State Board of Fu neral Service and hospitals, or other facilities as authorized by the Department of Human Resources and in a manner approved by the commissioner of human re sources, it shall be unlawful for any person to incinerate or cremate a dead body or parts thereof. HB 1306. By Representative Dover of the llth: A bill to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to change the provi sions regarding the deadline for filing quarterly and monthly returns. HB 1276. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for income de duction for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 652. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd: A resolution commending Mrs. Genevie Dickey and designating the Genevie Dickey Bridge. HR 722. By Representatives Dover of the llth and Jamieson of the llth: A resolution designating the Stribling Memorial Bridge. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others: A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the registration and regulation of regis tered interior designers; to define certain terms; to designate certain Code sec tions as an article of Chapter 4 of Title 43; to create the State Board of Registra tion of Interior Designers as a division of the State Board of Architects. SB 417. By Senators Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and others: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions. TUESDAY, FEBRUARY 11, 1992 549 The House has passed by the requisite constitutional majority the following bill of the House: HB 1196. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th, Carter of the 146th, Godbee of the 110th and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribu tion, storage, transportation, disposal, formulation or labeling. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 647. By Senator Burton of the 5th: A bill to amend Article 1, Chapter 5 of Title 13 of the Official Code of Georgia Annotated, relating to general provisions regarding defenses with respect to con tracts, so as to provide for the regulation of certain contracts with subcontrac tors; to provide for entitlement to payment upon performance; to provide that certain payments to contractors shall not be a condition precedent to payment to subcontractors and that any such provision shall be unenforceable. Referred to Committee on Special Judiciary. SB 648. By Senator Alien of the 2nd: A bill to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, the "Georgia Self-service Storage Facility Act," so as to provide that owners shall not charge occupants a late penalty before the seventh day of the month rent is due; to provide for notification of occupants before leased space is padlocked for nonpayment of rent. Referred to Committee on Special Judiciary. SB 649. By Senator Alien of the 2nd: A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that an action in which no written order is taken for a period of three years shall automatically stand dis missed; to provide for related matters; to provide an effective date; to provide for applicability. Referred to Committee on Special Judiciary. SB 650. By Senator Alien of the 2nd: A bill to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to provide a short title; to provide definitions; to pro vide for a presumption that proficiency in Braille reading and writing is essential for the education of blind students; to provide for an inventory of Braille skills; to provide for exceptions; to provide for elements of an individualized education program; to provide for a demonstration of Braille. Referred to Committee on Education. 550 JOURNAL OF THE SENATE SB 651. By Senators Echols of the 6th and Perry of the 7th: A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, so as to designate Pogo as the official Georgia State 'Possum. Referred to Committee on Economic Development and Tourism. SB 652. By Senators Echols of the 6th, Hooks of the 14th, Brown of, the 26th and Hill of the 4th: A bill to amend Article 2 of Chapter 4 of Title 32 of the Official Code of Georgia Annotated, relating to the state highway system, so as to revise the developmen tal highway system; to provide for an effective date. Referred to Committee on Transportation. SB 653. By Senator Edge of the 28th: A bill to amend Code Section 36-32-27 of the Official Code of Georgia Annotated, relating to mandatory initial and additional training for municipal judges, so as to exempt active members of the State Bar of Georgia from the annual additional training requirements. Referred to Committee on Special Judiciary. SB 654. By Senator Edge of the 28th: A bill to amend Code Section 50-8-34 of the Official Code of Georgia Annotated, relating to boards of regional development centers, so as to provide that the chief elected official of a county or municipality may designate someone to be on the board with the approval of the commissioners or councilmembers. Referred to Committee on Urban and County Affairs (General). SB 655. By Senator Edge of the 28th: A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and their judges, so as to remove the popu lation provision prohibiting such judges' practice of law. Referred to Committee on Urban and County Affairs (General). SB 656. By Senators Kidd of the 25th, Gillis of the 20th, English of the 21st and Ray of the 19th: A bill to amend Code Section ?-2-20 of the Official Code of Georgia Annotated, relating to the composition of the State Transportation Board, so as to provide for the removal of a member of the board for cause; to provide procedures; to provide for the filling of a vacancy on the board in any case where a member is removed for cause pursuant to the provisions of this Act; to provide for rules and regulations. Referred to Committee on Governmental Operations. SB 657. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 2 of Chapter 3 of Title 22 of the Official Code of Georgia Annotated, relating to general provisions applicable to the construction and operation of electric power plants, so as to provide that in conjunction with the purchase, lease, or condemnation of property and the construction and opera tion of an electric power plant, a person shall be required to comply with certain provisions by law. Referred to Committee on Finance and Public Utilities. TUESDAY, FEBRUARY 11, 1992 551 SB 658. By Senator Egan of the 40th: A bill to amend an Act creating the City of Atlanta and Fulton County Recrea tion Authority, as amended, so as to prohibit certain elected public officials from serving on the authority. Referred to Committee on Urban and County Affairs. SB 659. By Senator Baldwin of the 29th: A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners cur rently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval. Referred to Committee on Urban and County Affairs. SB 660. By Senators Kidd of the 25th and Foster of the 50th: A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provi sions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 661. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act entitled "An Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and oc cupy their residences," so as to increase the amount of such exemption; to pro vide for a referendum. Referred to Committee on Urban and County Affairs. SB 662. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 663. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 664. By Senators Deal of the 49th and Pollard of the 24th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the de fendant's record of convictions for traffic offenses to the judge's sentence or judgment. Referred to Committee on Judiciary. 552 JOURNAL OF THE SENATE SB 665. By Senator Deal of the 49th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of al cohol or drugs; to change the conditions under which a plea of nolo contendere may be used by a defendant to avoid certain penalties for violating Code Section 40-6-391. Referred to Committee on Judiciary. SB 666. By Senators Deal of the 49th, Baldwin of the 29th and Johnson of the 47th: A bill to amend Article 2 of Chapter 13 of Title 40 of the Official Code of Georgia Annotated, relating to arrests, trials, and appeals with respect to the prosecution of traffic offenses, so as to provide that in any case where a defendant charged with a violation of Code Section 40-6-391 has requested a trial by jury, has been bound over to a court in the county having jurisdiction, the case shall be re manded to the same lower court from which it came for the trial of the case. Referred to Committee on Judiciary. SB 667. By Senator Steinberg of the 42nd: A bill to provide that each resident of the DeKalb County School District who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemp tion from all DeKalb County School District ad valorem taxes, including taxes to retire bonded indebtedness. Referred to Committee on Urban and County Affairs. SB 668. By Senator Steinberg of the 42nd: A bill to provide that each resident of DeKalb County who is the unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, shall be granted a homestead exemption from all Dekalb County ad valorem taxes, including taxes to retire bonded indebtedness but excluding county school district taxes. Referred to Committee on Urban and County Affairs. SB 669. By Senator Steinberg of the 42nd: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide for restrictions on referrals to personal care homes. Referred to Committee on Health and Human Services. SB 670. By Senators Robinson of the 16th and Edge of the 28th: A bill to amend Code Section 53-12-231 of the Official Code of Georgia Anno tated, relating to incorporation of fiduciary powers by reference in a will or trust agreement, so as to provide that a provision in a will or trust agreement which incorporates powers by citation and which was valid under the law in existence at the time the will was signed shall be effective despite the subsequent repeal of the statute cited; to provide a time limit. Referred to Committee on Special Judiciary. TUESDAY, FEBRUARY 11, 1992 553 SB 671. By Senators Johnson of the 47th, Steinberg of the 42nd, Pollard of the 24th and Albert of the 23rd: A bill to amend Code Section 24-9-61.1 of the Official Code of Georgia Anno tated, relating to presence in courtroom of victim of criminal offense, so as to authorize the victim of a criminal offense to be present in any court exercising jurisdiction over such offense. Referred to Committee on Judiciary. SB 672. By Senators Gillis of the 20th, Muggins of the 53rd, Marable of the 52nd and Hasty of the 51st: A bill to amend Code Section 27-4-52 of the Official Code of Georgia Annotated, relating to trout waters without seasons, so as to add certain streams; to delete one stream. Referred to Committee on Natural Resources. SR 439. By Senators Pollard of the 24th, Harris of the 27th and Kidd of the 25th: A resolution creating the Joint Study Committee on Indigent Defense. Referred to Committee on Rules. The following bills and resolutions of the House were read the first time and referred to committees: HB 1196. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribu tion, storage, transportation, disposal, formulation or labeling. Referred to Committee on Natural Resources. HB 1203. By Representatives Twiggs of the 4th, Colwell of the 4th and Dover of the llth: A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to pro vide that with the exception of crematories licensed by the State Board of Fu neral service and hospitals, or other facilities as authorized by the Department of Human Resources and in a manner approved by the commissioner of human re sources, it shall be unlawful for any person to incinerate or cremate a dead body or parts thereof. Referred to Committee on Governmental Operations. HB 1276. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia annotated, relating to alimony and child support generally, so as to provide for income de ductions for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage. Referred to Committee on Special Judiciary. 554 JOURNAL OF THE SENATE HB 1306. By Representative Dover of the llth: A bill to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to change the provi sions regarding the deadline for filing quarterly and monthly returns. Referred to Committee on Finance and Public Utilities. HB 1388. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to repeal the "Facade and Conservation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement Act". Referred to Committee on Natural Resources. HB 1437. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st: A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities. Referred to Committee on Consumer Affairs. HR 652. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd: A resolution commending Mrs. Genevie Dickey and designating the Genevie Dickey Bridge. Referred to Committee on Transportation. HR 722. By Representatives Dover of the llth and Jamieson of the llth: A resolution designating the Stribling Memorial Bridge. Referred to Committee on Transportation. HB 1354. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing for the election of the members of the Board of Education of Henry County from districts, so as to reapportion the districts from which members of the Board of Education of Henry County are elected. Referred to Committee on Urban and County Affairs. HB 1355. By Representatives Dunn of the 73rd and Smith of the 78th: A bill to amend an Act providing a new Board of Commissioners of Henry County, so as to reapportion commissioner districts for the election of members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1379. By Representative Purcell of the 129th: A bill to amend an Act which reconstitutes the board of education of Effingham County School District, so as to provide for the election and terms of office of the members of the board; to reapportion the education districts. Referred to Committee on Urban and County Affairs. TUESDAY, FEBRUARY 11, 1992 555 HB 1382. By Representative Purcell of the 129th: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for the County of Effingham, so as to reapportion the commissioner districts. Referred to Committee on Urban and County Affairs. HB 1499. By Representative Smith of the 78th: A bill to amend and Act providing a new charter for the City of Barnesville, so as to change provisions relating to the removal of the city administrator and relat ing to the acting city administrator; to change provisions relating to council in terference with administration. Referred to Committee on Urban and County Affairs. HB 1506. By Representatives Purcell of the 129th and Floyd of the 154th: A bill to provide a new charter for the City of Riceboro. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Governmental Operations has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 553. Do pass by substitute. SB 613. Do pass. SB 578. Do pass. SR 426. Do pass by substitute. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 601. Do pass. SB 603. Do pass. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 416. Do pass. SB 609. Do pass. SB 618. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman 556 JOURNAL OF THE SENATE Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 493. Do pass. SB 550. Do pass. SB 505. Do pass by substitute. HB 1121. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 592. Do pass by substitute. SB 593. Do pass as amended. SB 596. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1173. Do pass. HB 1321. Do pass. HB 1244. Do pass by substitute. HB 1353. Do pass. HB 1245. Do pass by substitute. HB 1317. Do pass. HB 1251. Do pass. HB 1403. Do pass. HB 1252. Do pass. HB 1413. Do pass. HB 1253. Do pass. HB 1430. Do pass. HB 1257. Do pass. HB 1431. Do pass. HB 1269. Do pass. HB 1432. Do pass. HB 1316. Do pass. HB 1433. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate and House were read the second time: SB 518. By Senators Baldwin of the 29th, Broun of the 46th, Deal of the 49th, Johnson of the 47th and Edge of the 28th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide for the imposition of a judicial branch personnel continuing judicial education fee on all civil filings in all mu nicipal, probate, magistrate, state, and superior courts; to provide for legislative intent; to provide for exemptions. TUESDAY, FEBRUARY 11, 1992 557 SB 590. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to planning and development, so as to change the composi tion of the Governor's Development Council; to modify the powers and duties of such council; to assign the council to the Department of Community Affairs for administrative purposes; to provide for technical support to the council; to pro vide for related matters; to provide an effective date. HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge. The President called for the morning roll call, and the following Senators answered to their names: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Bufton Coleman CDoalwliknisns Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks JHouhgngsionns Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey jjav Robinson g, S,,,tem. b, erg late Tay'or Thompson Timmons Turner Tysinger Walker of 22nd Those not answering were Senators: Alien Bishop Clay Gillis Langford Scott Shumake Walker of 43rd White The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Marable of the 52nd introduced the chaplain of the day, Dr. Larry Draper, pastor of the West Rome Baptist Church, Rome, Georgia, who offered scripture reading and prayer. Senator Newbill of the 56th moved that Senator Clay of the 37th be excused from the Senate today because of a death in his family. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate today. 558 JOURNAL OF THE SENATE Senator Phillips of the 9th moved that Senator White of the 48th be excused from the Senate today due to business. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator White of the 48th was excused from the Senate today. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 11, 1992 TWELFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1173 Kidd, 25th JONES COUNTY A bill to amend an Act reconstituting the Board of Education of Jones County. *HB 1244 Perdue, 18th TWIGGS COUNTY A bill to amend an Act creating a Board of Commissioners of Twiggs County, so as to change the composition of the districts. (SUBSTITUTE) *HB 1245 Perdue, 18th TWIGGS COUNTY A bill to amend an Act creating a Board of Education of Twiggs County, so as to change the composition of the districts. (SUBSTITUTE) HB 1251 Hammill, 3rd LIBERTY COUNTY A bill to amend an Act creating the board of commissioners of Liberty County. HB 1252 Hammill, 3rd LIBERTY COUNTY A bill to create the board of education of the Liberty County School District. HB 1253 Hill, 4th EFFINGHAM COUNTY A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for Effingham County. HB 1257 Perry, 7th TIFT COUNTY A bill to provide a new charter for the City of Ty Ty. HB 1269 Ray, 19th COFFEE COUNTY A bill to amend an Act to provide a new charter for the City of Broxton, Georgia in Coffee County. TUESDAY, FEBRUARY 11, 1992 559 HB 1316 Turner, 8th LOWNDES COUNTY A bill to provide a new charter for the City of Dasher. HB 1321 Deal, 49th Newbill, 56th FORSYTH COUNTY A bill to amend and Act creating a board of commissioners for Forsyth County, so as to change the dollar amount of purchases without receiving bids. HB 1353 Deal, 49th HALL COUNTY A bill to amend an Act creating a Board of Commissioners for Hall County, so as to change certain expense allowances for members. HB 1317 Turner, 8th LOWNDES COUNTY A bill to amend an Act creating a new charter for the City of Lake Park, so as to change certain provisions relating to time of election. HB 1403 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act to authorize the establishment of a civil service sys tem in Cobb County for persons receiving salary and wages, so as to change the dates of expiration of the terms of office of board members. HB 1413 Hill, 4th BULLOCH COUNTY A bill to amend an Act creating the board of commissioners of Bulloch County, so as to change compensation of the chairperson and other members. HB 1430 Robinson, 16th TALBOT COUNTY A bill to amend an Act placing the clerk of the Superior Court of Talbot County on annual salary. HB 1431 Robinson, 16th TALBOT COUNTY A bill to amend an Act creating the office of tax commissioner of Talbot County, so as to change the compensation of the tax commissioner. HB 1432 Robinson, 16th TALBOT COUNTY A bill to amend an Act changing the compensation of the sheriff of Talbot County from the fee system to the salary system. 560 JOURNAL OF THE SENATE HB 1433 Robinson, 16th TALBOT COUNTY A bill to abolish the present method of compensating the judge of the Pro bate Court of Talbot County, so as to change from the fee system to the salary system. The substitutes to the following bills were put upon their adoption: *HB 1244: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1244: A BILL To be entitled an Act to amend an Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to change the composition of the commissioner districts from which members of the board are elected; to provide for definitions and insertions; to provide for terms; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: "Section 2. (a) The chairman of the board of commissioners may reside anywhere within Twiggs County and shall be elected by a majority of the qualified electors of Twiggs County voting at the elections hereinafter provided for in this Act. Any person offering as a candidate for chairman shall have been a resident of Twiggs County for two years immedi ately preceding the date of election and shall remain a resident of said county during the term of office. The chairman and all other members shall be at least 21 years of age as of the date of taking office. For the purpose of electing the other four members of the board, Twiggs County shall be divided into four commissioner districts as follows: Commissioner District: 1 TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s):101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236 Commissioner District: 2 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) TUESDAY, FEBRUARY 11, 1992 561 Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531 Commissioner District: 3 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602. Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523 Commissioner District: 4 TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430 (b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a 562 JOURNAL OF THE SENATE geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any commissioner district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United Stated decennial census of 1990 for the State of Georgia shall control; (4) Any part of Twiggs County which is not included in any commissioner district de scribed in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Twiggs County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commis sioner district if such part is not contiguous to such commissioner district. Such noncontigu ous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: "Section 4. Those members serving in office on the effective date of this Act shall con tinue to serve until the expiration of the terms for which they were elected. At the general election in November, 1994, the four members of the board shall be elected from the com missioner districts provided for in Section 2 of this Act for terms of four years beginning January 1, 1995, and until their successors are elected and qualified. The chairman shall be elected as provided in Section 2 of this Act at the general election in November, 1994, for a term of four years and until a successor is elected and qualified. Thereafter, successors to the chairman and the four members of the board elected from commissioner districts shall be elected at the general election immediately preceding the expiration of the terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified." Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted. *HB 1245: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1245: A BILL To be entitled an Act to amend an Act creating a Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, so as to change the composition of the education districts from which the members of the board are elected; to provide for definitions and inclusions; to provide for terms; to provide for a statement of intent; to provide for submission of this Act to the U. S. Attorney General; to provide when such Act shall be void and repealed; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 11, 1992 563 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, is amended by striking Sections 1 through 3 of said Act and inserting in lieu thereof new Sections 1 through 3 to read as follows: "Section 1. The Board of Education of Twiggs County shall be composed of a chairman and four members. The chairman shall be elected from the Twiggs County School District at large. The four members of the board shall be elected from the education districts pro vided in Section 2 of this Act. Section 2. (a) Those members of the Board of Education serving in office on the effec tive date of this Act shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. (b) For the purpose of electing a Board of Education of Twiggs County, the Twiggs County School District shall be divided into four education districts as follows: Education District: 1 TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 101, 108, 109, 110, 111, 112, 113, 125, 126, 127 VTD: 0004 JEFFERSONVILLE VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 122, 123, 135, 136, 137, 139, 140, 141 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 232, 235, 236 Education District: 2 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0602. Block(s): 342, 343, 363, 375, 376, 377, 378, 379, 380, 384, 395, 396, 397, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 433, 434, 435, 520, 521, 527, 528, 529, 530 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 101A, 101B, 102A, 102B, 103, 104, 105, 106, 107, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125A, 125B, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146A, 146B, 147, 148, 149, 150A, 150B, 151, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 340, 341, 381, 382, 383, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 431, 432, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 531 Education District: 3 TWIGGS COUNTY VTD: 0001 BLUFF (Part) Tract: 0601.98 Block(s): 221, 222, 223, 224, 225, 237, 238, 239, 240, 241, 242, 243, 265, 266 Tract: 0602. 564 JOURNAL OF THE SENATE Block(s): 307, 308, 309, 310, 311, 312, 313, 314, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 357, 358, 359, 360, 361, 362, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 401, 524, 525, 526 VTD: 0003 HIGGSVILLE AND SHADY GROVE (Part) Tract: 0602. Block(s): 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339 VTD: 0011 PEARSON 2 (Part) Tract: 0601.98 Block(s): 201, 202, 213, 214, 215, 216, 217, 218, 219, 220, 226, 227, 228, 229, 230, 231, 233, 234, 273, 343, 374, 375, 388, 389, 390 Tract: 0602. Block(s): 301, 302, 303, 304, 305, 306, 355, 356, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 522, 523 Education District 4: TWIGGS COUNTY VTD: 0002 HAMMOCK (Part) Tract: 0601.98 Block(s): 102, 103, 104, 105, 106, 107, 114, 115, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 338, 339, 345, 346, 347, 348, 349, 350, 351, 407, 408 VTD: 0006 PEARSON 1 VTD: 0008 SMITH (Part) Tract: 0601.98 Block(s): 116, 117, 118, 119, 120, 121, 138, 340, 341, 342, 344, 352, 353, 354, 355, 356, 357, 358, 359, 363, 370, 371, 372, 373, 401, 402, 403, 404, 405, 406, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418A, 418B, 419, 420, 421A, 422, 423, 424, 425, 426, 427, 428, 429, 430 (c) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Twiggs County which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Twiggs County which is described in this section as being included in a particular education district shall nevertheless not be included within such education dis trict if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education 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) Each district member of the board of education shall be a resident of the respective TUESDAY, FEBRUARY 11, 1992 565 education district during the member's term of office, and a candidate for district member ship on said board shall have been a resident of the education district for which the candi date offers for election at least one year prior to the date of election. Each person offering for election as a district member of said board shall specify the education district for which the person is offering. Each district member of the board shall be elected by a majority vote of the qualified voters voting within each respective education district. The chairman may reside anywhere within the Twiggs County Education District and shall be elected by a majority of the qualified voters voting at large within the Twiggs County Education District. The chairman shall be a full-voting member of the board. All members of said board shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, known as the 'Georgia Election Code.' Section 3. (a) The terms of office of those members elected from Education Districts 2 and 4 shall expire December 31, 1992. Their successors shall be elected at the general elec tion in November, 1992, from the education districts set forth in this Act and quadrennially thereafter for terms of four years and shall take office on the first day of January immedi ately following their election. (b) The terms of office of the chairman and those members elected from Education Districts 1 and 3 shall expire December 31, 1994. Their successors shall be elected at the general election in November, 1994, and quadrennially thereafter from the education dis trict set forth in this Act for terms of four years and shall take office on the first day of January immediately following their election. (c) All members shall serve until their successors are elected and qualified." Section 2. It is the purpose of this Act to reapportion the districts from which members of the Board of Education of Twiggs County are to be elected in the November, 1992, gen eral election and in subsequent general elections and results from changes in population based on the United States decennial census of 1990. It is not the intention of the General Assembly to affect the membership of current members of the board, their terms of office, or the manner in which their successors shall be elected and such matters shall remain as provided by law on the effective date of this Act until otherwise amended by law. Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Education of Twiggs County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 42, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the 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 of 46th Burton Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson 566 JOURNAL OF THE SENATE Hill Hooks Huggins Johnson Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Those not voting were Senators: Bishop Bowen Brown of 26th Clay (excused) Coleman Collins Hammill Kidd Langford Newbill Shumake Thompson * Walker of 43rd White (excused) On the passage of all the local bills, the yeas were 42, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1244 and HB 1245, having received the requisite constitutional majority, were passed. HB 1244 and HB 1245, having received the requisite constitutional majority, were passed by substitute. SENATE CALENDAR Tuesday, February 11, 1992 TWELFTH LEGISLATIVE DAY SB 10 City Water Service--no denial when arrears by former occupant (Substitute) (F&PU--41st) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 10, 1992.) SB 492 Juveniles--Children and Youth Coordinating Council inspect data from court files (YA&HE--49th) SB 526 Theft By Extortion Against Those Over 65--imprisonment time (Substitute) (Judy--34th) SB 529 Trial Judges, Solicitors Retirement--members remaining in office after 70 (Ret--28th) SB 534 Agency Subject to Administrative Procedure Act--synopsis of proposed rule (Gov Op--22nd) SB 535 Certain Regulatory Agencies--revise provisions on review, termination (Amend ment) (Gov Op--47th) SB 541 State Retiree--time period before receiving public funds for services (Gov Op--45th) SB 552 Veterans' Employment Preference--certain National Guard, Desert Storm (Amendment) (Gov Op--7th) SB 558 Public Employees--conditions for delay, suspension of breaks (Gov Op--25th) SB 582 Debt Consolidation, Relief Advertising--regulate (Gov Op--25th) HB 1188 Official Code of Georgia Annotated--correct errors, omissions and reenact statu tory portion (S Judy--28th) HB 1189 Code Title 21 (Elections)--correct typographical, other errors (S Judy--28th) TUESDAY, FEBRUARY 11, 1992 567 SR 248 Colonel's Island--change to Vandiver Island (Amendment) (Nat R--20th) SB 461 Georgia Military College--Board of Trustees (Ed--25th) SB 467 Securities Act--redefine investment adviser (Substitute) (B&FI--25th) SB 533 Student--may attend school of parent's employment (Ed--10th) SB 543 Prescribed Burning Act--enact (Substitute) (Nat R--20th) SB 563 Weapons, Explosives at School--penalties (Substitute) (Ed--56th) SB 571 Quality Basic Education Act--program weights include funds for media center hardware, software (Ed--50th) SB 587 Education--provide State Interagency Council (Ed--33rd) SR 362 Local School Systems--taxes other than property to support (Substitute) (F&PU--50th) SR 366 Ben Jess Logan, Sr. Memorial Bridge--designate (Trans--51st) SR 375 Certain Resolution Acts on State Property Conveyance, Lease--repeal (Substi tute) (F&PU--44th) SR 399 College Preparatory Graduates--encourage warranty (Ed--50th) SR 407 Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, Washington Counties--certain utility easements (F&PU--44th) SR 414 Fulton County--conveyance of certain state property (F&PU--40th) SR 417 Crisp County--road right of way easement certain state property (F&PU--13th) SR 418 Colquitt County--easement for thoroughfare, state property (F&PU--13th) The following general bill of the Senate, having been read the third time on January 13, 1992, and committed to the Senate Committee on Finance and Public Utilities, favorably reported by the committee, postponed on January 15 until February 3, postponed on Febru ary 3 until February 7, and final action suspended on February 10 until today, pursuant to Senate Rule 143, was continued upon its passage: SB 10. By Senator Shumake of the 39th: A bill to amend Chapter 34 of Title 36 of the Official Code of Georgia Annotated, relating to the powers of municipal corporations, so as to provide that a munici pal water company may not deny supply to a property owner because of the arrears of a former owner, occupant, or lessee; to require water companies to keep identifying information on any user. The substitute to SB 10 offered by Senators Tysinger of the 41st and Johnson of the 47th on February 10, as it appears in the Journal of February 10, was automatically recon sidered and put upon its adoption. On the adoption of the substitute offered by Senators Tysinger of the 41st and Johnson of the 47th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Moye Newbill Perdue Perry 568 JOURNAL OF THE SENATE Phillips Pollard Ragan of 10th Raganof32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons T miner Tysinger White Those voting in the negative were Senators: Baldwin Bowen Deal Dean Edge Marable Those not voting were Senators: Bishop Clay (excused) Huggins Shumake Walker of 22nd Walker of 43rd On the adoption of the substitute offered by Senators Tysinger of the 41st and Johnson of the 47th, the yeas were 44, nays 6, 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 Broun of 46th Brown of 26th Burton Collins Dawkins Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford 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 White Those voting in the negative were Senators: Baldwin Bowen Deal Dean Edge Marable Those not voting were Senators: Bishop Clay (excused) Coleman Shumake Walker of 43rd On the passage of the bill, the yeas were 45, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. TUESDAY, FEBRUARY 11, 1992 569 The following resolution of the Senate was read and adopted: SR 441. By Senator Collins of the 17th: A resolution commending the members and sponsors of the Georgia Chapters of the Future Homemakers of America Home Economics Related Occupations (FHA/HERO) youth service organization and welcoming them to the state capitol. Senator Collins of the 17th introduced members and sponsors of the Georgia Chapters of the Future Homemakers of America/Home Economics Related Occupations (FHA/ HERO) youth service organization. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 492. By Senator Deal of the 49th: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that a judge shall permit authorized representatives of the Children and Youth Coordinating Coun cil to inspect and extract data from any court flies and records for the purpose of obtaining statistics on juveniles and to make copies pursuant to the order of the court. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger White Those not voting were Senators: Clay (excused) English Phillips Shumake Thompson Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. 570 JOURNAL OF THE SENATE Senator Tysinger of the 41st introduced Rick Toole, president of GSPE, and Don Hill, president of GEC, representing the engineering profession in Georgia, who were recognized by SR 422, adopted previously, and Mr. Toole briefly addressed the Senate. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 526. By Senator Moye of the 34th: A bill to amend Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to the crime of theft by extortion, so as to provide that any person who commits the offense of theft by extortion against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than 20 years. The Senate Committee on Judiciary offered the following substitute to SB 526: A BILL To be entitled an Act to amend Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to the crime of theft by extortion, so as to provide that any person who commits the offense of theft by extortion against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 16-8-16 of the Official Code of Georgia Annotated, relating to the crime of theft by extortion, is amended by striking subsection (d) in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: "(d)(l) Except as otherwise provided in paragraph (2) of this subsection, a A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years. (2) Any person who commits the offense of theft by extortion against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than 20 years.'1 Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye TUESDAY, FEBRUARY 11, 1992 571 Newbill Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Garner Henson Perdue Phillips Shumake Taylor 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 by substitute. SB 529. By Senator Edge of the 28th: A bill to amend Code Section 47-10-100 of the Official Code of Georgia Anno tated, relating to retirement age and retirement benefits under the Trial Judges and Solicitors Retirement Fund, so as to provide that any member who remains in office after he attains the age of 70 years, thereby forfeiting all rights to receive any benefits under such fund, may cease contributions made to such fund. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 WASHINGTON STREET, S.W. ROOM 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Arthur B. Edge, IV State Senator FROM: G.W. Hogan, State Auditor DATE: January 13, 1992 SUBJECT: Senate Bill 529 (LC 21 1319) Trial Judges and Solicitors Retirement Fund This bill provides that any member of the Trial Judges and Solicitors Retirement Fund, who forfeits his retirement benefit by remaining in office beyond the age of 70 years, may stop contributing to the fund and withdraw his employee contributions. (This bill would not apply to members who held office as a juvenile court judge or an inferior court judge or solicitor on July 1, 1980 since these members are not subject to mandatory retirement.) This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. /s/ G.W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. 572 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton CCD,, ooa.lwl.le.ikmnisnans Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill JHTHToouhognkgssm.ons Kidd Langford Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey j^av Scott oC0Sttiaemr. rb, erg Tate Tavlor Thompson Turner Tysinger White Those not voting were Senators: Alien Bishop Clay (excused) Deal Hammill Moye Phillips Robinson Shumake Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 534. By Senators Walker of the 22nd, Dean of the 31st and Garner of the 30th: A bill to amend Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to administrative procedure, so as to require each agency subject to the "Georgia Administrative Procedure Act" to prepare a synopsis of any proposed rule; to require the synopsis to be distributed with any proposed rule; to require the synopsis to contain certain information regarding the proposed rule. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage 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 of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd TUESDAY, FEBRUARY 11, 1992 573 Ramsey Ray Scott Steinberg Tate Thompson Timmons Turner Walker of 22nd White Those not voting were Senators: Bishop Clay (excused) Moye Phillips Robinson Shumake Starr Taylor Tysinger Walker of 43id On the passage of the bill, the yeas were 46, nays 0, The bill, having received the requisite constitutional majority, was passed. Senator Walker of the 22nd introduced Georgia Parks and Recreation Society president Tom Beck, and Melvin Cooper, which association was commended by SR 405, adopted pre viously, and Mr. Beck briefly addressed the Senate. Senator Egan of the 40th introduced the doctor of the day, Dr. Joy Maxey, of Atlanta, Georgia. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th, Buck of the 95th, Barfoot of the 120th and others: A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the quali fied electors of the county voting in a special election thereon. The House has disagreed to the Senate substitute to the following bill of the House: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 535. By Senators Johnson of the 47th, Garner of the 30th, Deal of the 49th and Kidd of the 25th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to provide for the comprehensive revision of provisions regarding the review, continuation, reestablishment, or termination of 574 JOURNAL OF THE SENATE certain regulatory agencies; to provide for legislative intent; to provide for a definition. The Senate Committee on Governmental Operations offered the following amendment: Amend SB 535 by striking from lines 11 through 13 of page 9 the following: " 'regulatory agency' means any department, division, board, bureau, commission, or other agency of the executive branch of the state government.", and inserting in its place the following: " 'regulatory agency' means any board, bureau, or commission of the executive branch of state government in existence on July 1, 1992, or created by law after July 1, 1992, for the primary purpose of licensing or otherwise regulating or controlling any profession, business, or trade." On the adoption of the amendment, the yeas were 31, nay 0, and the amendment was adopted. Senators Collins of the 17th and Johnson of the 47th offered the following amendment: Amend SB 535 by striking from lines 11 through 22 of page 25 the following: "Section 34. Said title is further amended by repealing in its entirety Code Section 4341-20, relating to the termination of the State Board of Recreation Examiners, which reads as follows: '43-41-20. For the purposes of Chapter 2 of this title, "The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies," the State Board of Recreation Examiners shall be terminated on July 1, 1992, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8.' " By redesignating Sections 35 through 45 as Sections 34 through 44, respectively. On the adoption of the amendment, the yeas were 18, nays 11, 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 BishP BroWuenn oft BCoulretomnan C 0 Ui ns pj ea l Echols Egan English Foster Harris Hasty Hooks Hu ^ ins Newb,l11n Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott gtarr Taylor Thompson Timmons Turner Tysinger White TUESDAY, FEBRUARY 11, 1992 575 Those voting in the negative were Senators: Brown of 26th - Dawkins Edge Kidd Marable Moye Those not voting were Senators: Clay (excused) Dean Henson Hill GiHis Hammill Langford Shumake Steinberg Tate Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 37, nays 6. The bill, having received the requisite constitutional majority, was passed as amended. Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 535. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. Senator Johnson of the 47th moved that the Senate insist upon the Senate substitute to HB 1262. On the motion, the yeas were 31, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1262. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 541. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to state government, so as to define certain terms; to provide that no state agency shall expend any public funds for personal services rendered by a retired state employee or official for a certain period fol lowing retirement; to provide for exceptions. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge 576 JOURNAL OF THE SENATE Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Hammill Henson Langford Ragan of 10th Scott Shumake Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Phillips of the 9th introduced Alfred A. Dellibori, Deputy Secretary of the U.S. Department of Housing and Urban Development, and Hank Elliott, attorney for HUD and a former member of the Georgia House of Representatives, and Mr. Dellibori briefly ad dressed the Senate. The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 552. By Senators Perry of the 7th, Echols of the 6th, Ray of the 19th and others: A bill to amend Code Section 45-2-21 of the Official Code of Georgia Annotated, relating to veterans entitled to additional points on civil service examination scores, so as to provide that members of the National Guard who served on ac tive duty in an "area of imminent danger" during Operation Desert Shield or Operation Desert Storm shall be eligible for veterans' employment preference; to provide a definition. The Senate Committee on Governmental Operations offered the following amendment: Amend SB 552 by adding on line 4 of page 1 immediately following the word "Guard" the following words: "and armed forces reserve". By adding on line 11 of page 2 immediately following the word "Guard" the following words: "or armed forces reserve". On the adoption of the amendment, the yeas were 30, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: TUESDAY, FEBRUARY 11, 1992 577 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Dawkins Deal Henson Langford Robinson Shumake Starr Steinberg Taylor 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 as amended. SB 558. By Senator Kidd of the 25th: A bill to amend Chapter 20 of Title 45 of the Official Code of Georgia Annotated, relating to personnel administration of public employees, so as to provide that certain employees shall be afforded two breaks during each eight-hour shift; to provide that such breaks may be delayed or suspended under certain conditions. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger 578 JOURNAL OF THE SENATE Walker of 22nd White Voting in the negative were Senators Egan and Newbill. Those not voting were Senators: Clay (excused) Edge Hammill Henson Shumake Steinberg Walker of 43rd On the passage of the bill, the yeas were 47, nays 2. The bill, having received the requisite constitutional majority, was passed. SB 582. By Senator Kidd of the 25th: A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to regulate advertising in which the terms "debt consolidation," "debt relief," or similar terms are used; to provide a penalty for any person violating such regulations; to provide an ef fective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge 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 Tl nalffpC Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative were Senators Egan and Steinberg. Those not voting were Senators: Clay (excused) Shumake Starr Walker of 43rd On the passage of the bill, the yeas were 50, nays 2. The bill, having received the requisite constitutional majority, was passed. TUESDAY, FEBRUARY 11, 1992 579 HB 1188. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A hill to amend the Official Code of Georgia Annotated, so as to correct typo graphical, stylistic, capitalization, punctuation, and other errors and omissions in the Official Code of Georgia Annotated, and in Acts of the General Assembly amending the Official Code of Georgia Annotated, to reenact the statutory por tion of the Official Code of Georgia Annotated. 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 of 46th Brown of 26th Burton Coleman Colliris Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Starr T *, laylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Henson Kidd Shumake Steinberg 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 1189. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to correct typographical, stylistic, and other errors and omissions in Title 21 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 21 of the Official Code of Georgia Annotated. Senate Sponsor: Senator Edge of the 28th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 580 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Langford Marable Newbill Perdue Perry Phillips Those not voting were Senators: Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Clay (excused) English Garner Henson Johnson Kidd Moye Shumake Steinberg Walker of 43rd White On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, 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 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the llth and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. The Speaker has appointed on the part of the House, Representatives Walker of the 115th, Coleman of the 118th and Buck of the 95th. TUESDAY, FEBRUARY 11, 1992 581 The following resolution of the Senate was read and adopted: SR 440. By Senator Gillis of the 20th: A resolution honoring the Wheeler County High School History Day Team. The following general resolution of the Senate, having been read the third time on Feb ruary 7 and lost, and reconsidered on February 10, was put upon its adoption: SR 248. By Senators Gillis of the 20th, Johnson of the 47th, Hammill of the 3rd and others: A resolution changing the name of Colonel's Island in Glynn County to Vandiver Island in honor of former Governor S. Ernest Vandiver. Senator Gillis of the 20th moved that the Senate reconsider its action on February 7 in adopting the following amendment offered by Senators Hammill of the 3rd and Gillis of the 20th: Amend SR 248 by inserting between lines 25 and 26 of page 2 the following: "Be it further resolved that this name change will become effective three (3) years from July 1, 1992." On the motion, the yeas were 37, nays 1; the motion prevailed, and the amendment offered by Senators Hammill of the 3rd and Gillis of the 20th was reconsidered. On the adoption of the amendment, the yeas were 0, nays 43, and the amendment was lost. Senators Hammill of the 3rd, Echols of the 6th and Perry of the 7th offered the follow ing amendment: Amend SR 248 by striking lines 1 and 2 on page 1 and inserting in lieu thereof the following: "Naming Colonel's Island Port in Glynn County to Vandiver Point in honor of former Governor S." By adding on line 3 of page 2 following the word "Island" the word "Port". By adding on line 4 of page 2 following the word "Island" the word "Port". By striking lines 15 through 17 on page 2 and inserting in lieu thereof the following: "ASSEMBLY OF GEORGIA that the Port in Glynn County known as Colonel's Island Port Facility shall henceforth be named and designated as Vandiver Point in recognition of the great contributions of. By striking the word "island" on line 24 on page 2 and inserting the word "port". By striking the word "Island" on line 25 of page 2 and inserting the word "Point". 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 adoption of the resolution as amended, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin 582 JOURNAL OF THE SENATE Bishop Bowen Broun of 46th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Brown of 26th Clay (excused) Henson Kidd Shumake Steinberg Thompson Walker of 43rd 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 Senate was read and adopted: SR 442. By Senator Garner of the 30th: A resolution commending Nancy Whittenburger. Senator Garner of the 30th introduced Nancy Whittenburger who, having been selected as the 1991 Teacher of the Year by the Douglas County Board of Education, briefly ad dressed the Senate. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. Senator Johnson of the 47th moved that the Senate adhere to the Senate substitute to HB 1262, 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 substitute to HB 1262. 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. TUESDAY, FEBRUARY 11, 1992 583 The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 533. By Senators Ragan of the 10th, Newbill of the 56th, Timmons of the llth and others: A bill to amend Code Section 20-2-293 of the Official Code of Georgia Annotated, relating to a student attending school in a system other than system of student's residence, so as to provide that a student shall be entitled to attend the school in which such student's parent or guardian is a full-time professional or other employee. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Starr Tate Taylor Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Henson Kidd Robinson Scott Shumake Steinberg Thompson 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. Senator Garner of the 30th moved that the Senate stand in recess until 1:30 o'clock P.M. At 12:08 o'clock P.M. the President announced the motion prevailed. At 1:30 o'clock P.M., the President called the Senate to order. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 543. By Senators Gillis of the 20th, Dean of the 31st and Hooks of the 14th: A bill to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the 584 JOURNAL OF THE SENATE public, Georgia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms. The Senate Committee on Natural Resources offered the following substitute to SB 543: A BILL To be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to authorize prescribed burning as a resource protection and land management tool which benefits the safety of the public, Geor gia's forest resources, the environment, and the economy of the state; to provide a short title; to provide for legislative findings and purpose; to define certain terms; to provide cer tain requirements in connection with prescribed burning; to limit liability in connection with prescribed burning except in cases of negligence in starting, controlling, or completing the burn; to provide for rules and regulations; to prescribe certain duties for the State For estry Commission; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, is amended by adding following Part 5 a new Part 6 to read as follows: "Part 6 12-6-145. This part shall be known and may be cited as the 'Georgia Prescribed Burn ing Act.' 12-6-146. (a) It is declared by the General Assembly that prescribed burning is a re source protection and land management tool which benefits the safety of the public, Geor gia's forest resources, the environment, and the economy of the state. The General Assembly finds that: (1) Prescribed burning reduces naturally occurring vegetative fuels within forested ar eas. Reduction of such fuels by burning reduces the risk and severity of major wildfire, thereby lessening the threat of fire and the resulting loss of life and property; (2) Georgia's ever-increasing population situates urban development directly adjacent to fire prone forest lands. The use of prescribed fire to manage fuels in interface areas would substantially reduce the threat of wildfire in urban communities; (3) Forest land constitutes significant economic, biological, and aesthetic resources of state-wide importance. Prescribed burning on forest land serves to reduce hazardous accu mulations of fuels, prepare sites for both natural and artificial forest regeneration, improve wildlife habitat, control insects and disease, and perpetuate fire dependent ecosystems; (4) State and federally owned public use lands such as state parks, state and national forests, and wildlife refuges receive resource enhancement through use of prescribed burning; (5) As Georgia's population continues to grow, pressures from liability issues and smoke nuisance complaints cause prescribed burn practitioners to limit prescribed burn activity, thus reducing the above-mentioned benefits to the state; (6) Public misunderstanding of the benefit of prescribed burning to the ecological and economic welfare of the state exerts unusual pressures that prevent uninhibited use of this valuable forest resource management tool; and (7) Fire benefits deer, turkey, quail, and dove by the increased growth and yields of herbs and legumes. It also allows openings for feeding and travel. TUESDAY, FEBRUARY 11, 1992 585 (b) It is the purpose of this part to authorize and promote the continued use of pre scribed burning for community protection, silvicultural, environmental, and wildlife man agement purposes. 12-6-147. As used in this part, the term: (1) 'Commission' means the State Forestry Commission. (2) 'Prescribed burning' means the controlled application of fire to existing vegetative fuels under specified environmental conditions and following appropriate precautionary measures, which causes the fire to be confined to a predetermined area and accomplishes one or more planned land management objectives. 12-6-148. (a) Prescribed burning conducted under the requirements of this part shall: (1) Be accomplished only when at least one individual with previous prescribed burning experience or training is present on site while the burn is being conducted; (2) Be considered in the public interest and shall not create a public or private nuisance; (3) Be considered a property right of the landowner; and (4) Be conducted in accordance with a permit issued under Part 3 of this article. (b) No property owner or owner's agent conducting an authorized prescribed burn under this part shall be liable for damages or injury caused by fire or resulting smoke unless it is proven that there was negligence in starting, controlling, or completing the burn. 12-6-149. (a) The commission shall be authorized to promulgate rules or regulations relating to the use of prescribed burning. (b) The commission shall promulgate a certified prescribed fire manager program whereby practitioners may become qualified and registered under this part. (c) The commission shall utilize the same or similar record-keeping requirements of Part 3 of this article, the 'Georgia Forest Fire Protection Act,' to reflect the use of pre scribed burning under this part. (d) The commission shall institute a public information campaign in an effort to reveal the benefits of prescribed burning to the general public." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Brown of 26th Burton C eman C,-. ollins Gillis Hasty Hooks Muggins Johnson ,M, arab,,le Ramsey Ray Robinson Scott Starr oS,tem. b, erg Egan English Garner Newbill Perry Ragan of 10th Ragan of 32nd Thompson Turner Tysinger White 586 JOURNAL OF THE SENATE Those not voting were Senators: Albert Alien BishP BCD.-,,olaawwyekn(i, enxscused,<) Deal Foster Hammill Harris Henson ,,H.i,,ll Kldd Langford Perdue Phillips Pollard Shumake ^lat.e Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 34, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Tysinger of the 41st moved that Senator Phillips of the 9th be excused from the Senate for the remainder of the day due to a court appearance. On the motion, the yeas were 29, nays 1; the motion prevailed, and Senator Phillips of the 9th was excused from the Senate for the remainder of the day today. The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 563. By Senators Newbill of the 56th and Clay of the 37th: A bill to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weap ons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explosive compounds and provide penalties therefor; to define a certain term; to provide exceptions. The Senate Committee on Education offered the following substitute to SB 563: A BILL To be entitled an Act to amend Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weapons, so as to change certain crimes relating to carrying to or while at school buildings or grounds or school functions certain weapons or explosive compounds and provide penal ties therefor; to make it unlawful for any person to carry to or to possess or to have under such person's control while at a school building, school grounds, or school function certain weapons or explosive compounds; to define a certain term; to provide exceptions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 3 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to carrying and possession of firearms and weapons, is amended by striking Code Section 16-11-127, relating to carrying weapons to public gatherings, and in serting in place thereof a new Code section to read as follows: "16-11-127. (a) A Except as provided in Code Section 16-11-127.1, a person is guilty of a misdemeanor when he carries to or while at a public gathering any explosive compound, firearm, or knife designed for the purpose of offense and defense. (b) For the purpose of this Code section, 'public gathering' shall include, but shall not be limited to, athletic or sporting events, aehoola or achool functions, churches or church TUESDAY, FEBRUARY 11, 1992 587 functions, political rallies or functions, publicly owned or operated buildings, or establish ments at which alcoholic beverages are sold for consumption on the premises. (c) This Code section shall not apply to competitors participating in organized sport shooting events. Law enforcement officers, peace officers retired from state or federal law enforcement agencies, judges, magistrates, solicitors, and district attorneys may carry pistols in publicly owned or operated buildings." Section 2. Said part is further amended by adding immediately following Code Section 16-11-127 a new Code section to read as follows: "16-11-127.1. (a) It shall be unlawful for any person to carry to or to possess or have under such person's control while at a school building, school grounds, or school function any weapon or explosive compound, other than fireworks the possession of which is regu lated by Chapter 10 of Title 25. Any person who violates this subsection shall, upon convic tion thereof, be punished by a fine of not more than $5,000.00, by imprisonment for not less than one nor more than 20 years, or by both. (b) For the purposes of this Code section, the term 'weapon' means and includes any pistol, revolver, or any weapon designed or intended to propel a missile of any kind, or any dirk, bowie knife, switchblade knife, ballistic knife, any other knife having a blade of three or more inches, razor, slingshot, spring stick, metal knucks, blackjack, or any flailing instru ment consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain, or any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, or any weapon of like kind. (c) The provisions of this Code section shall not apply to: (1) Competitors while participating in organized sport shooting events; (2) Persons participating in military training programs conducted by or on behalf of the armed forces of the United States or the Georgia Department of Defense; (3) The following persons, when acting in the performance of their official duties or when en route to or from their official duties: (A) A peace officer as defined by Code Section 35-8-2; (B) A law enforcement officer of the United States government; (C) A prosecuting attorney of this state or of the United States; (D) An employee of the Georgia Department of Corrections or a correctional facility operated by a political subdivision of this state or the United States who is authorized by the head of such correctional agency or facility to carry a firearm; and (E) A person employed as a campus police officer or school security officer who is au thorized to carry a weapon in accordance with Chapter 8 of Title 20; (4) A person who has been authorized in writing by a duly authorized official of the school to have in such person's possession or use as part of any activity being conducted at a school building, school grounds, or school function a weapon which would otherwise be pro hibited by this Code section. Such authorization shall specify the weapon or weapons which have been authorized and the time period during which the authorization is valid; (5) A person who is licensed in accordance with Code Section 16-11-129 or issued a permit pursuant to Code Section 43-38-10, when such person carries or picks up a student at a school building, school function, or on school grounds; or (6) A weapon which is in a locked container in or a locked firearms rack which is on a motor vehicle which is used to bring to or pick up a student at a school building, school function, or school grounds or when such vehicle is used to transport someone to an activity 588 JOURNAL OF THE SENATE being conducted on school grounds which has been authorized by a duly authorized official of the school." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Broun of 46th Brown of 26th Burton Coleman Collins Dean Echols Edge Egan English Garner Hasty Hooks Huggins Kidd Marable Moye Newbill Perry Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Thompson Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Bishop Bowen Clay (excused) Dawkins Deal Foster Gillis Hammill Harris Henson Hill Johnson Longford Perdue Phillips (excused) Pollard Shumake Tate Timmons Walker of 43rd On the passage of the bill, the yeas were 35, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 571. By Senator Foster of the 50th: A bill to amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to program weights and funding requirements used in the Quality Basic Education Formula, so as to provide that the program weights when multiplied by the base amount shall include funds to cover the costs of media center computer hardware and software. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Broun of 46th Brown of 26th Burton Coleman Collins Dean Echols TUESDAY, FEBRUARY 11, 1992 589 Edge Egan English Hasty Hooks Huggins Johnson Kidd Marable Moye Perry Ragan of 32nd, Ramsey Ray Robinson Scott Those not voting were Senators: Albert Bishop Bowen Clay (excused) Dawkins Deal Foster Garner Hammill Harris Henson Hill Langford Newbill Starr Steinberg Taylor ,,Thompson lurner Tysmger Walker of 22nd White Perdue Phillips (excused) Pollard Shumake Tate Timmons Walker of 43rd On the passage of the bill, the yeas were 35, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 587. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide a state ment of legislative purpose; to define certain terms; to provide for the creation of a State Interagency Council and for matters relative thereto; to provide duties of the State School Superintendent; to provide duties of the State Board of Educa tion; to provide for the grant of funds and for matters relative thereto. Senator Thompson of the 33rd offered the following amendment: Amend SB 587 by deleting on page 3, line 18 the following: "20-2-2064"; and inserting in lieu thereof: "20-2-2065". On the adoption of the amendment, the yeas were 34, nays 0, and the amendment of fered by Senator Thompson of the 33rd was adopted. Senators Newbill of the 56th, Thompson of the 33rd and Collins of the 17th offered the following amendment: Amend SB 587 by adding on page 4, line 1, the following: "(3) Once a local board of education has qualified for such grants, the local board shall employ at least one full-time community director." and striking on page 4, lines 1 and 2. On the adoption of the amendment, the yeas were 30, nays 0, and the amendment of fered by Senators Newbill of the 56th, Thompson of the 33rd and Collins of the 17th was adopted. 590 JOURNAL OF THE SENATE 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 Broun of 46th Brown of 26th Burton Coleman Collins Dean Echols Edge English Gillis Hammill Hasty Henson Hooks Huggins Kidd Langford Marable Moye Newbill Perry Ragan of 10th Ragan of 32nd Those not voting were Senators: Ramsey Ray Robinson Scott Start Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd White Albert Bowen Clay (excused) Dawkins Deal Egan Foster Garner Harris Hill Johnson Perdue Phillips (excused) Pollard Shumake Timmons Walker of 43rd On the passage of the bill, the yeas were 39, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the House was read the first time and referred to committee: HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th and others: A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the quali fied electors of the county voting in a special election thereon. Referred to Committee on Urban and County Affairs (General). Senator Tate of the 38th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 2:09 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. WEDNESDAY, FEBRUARY 12, 1992 591 Senate Chamber, Atlanta, Georgia Wednesday, February 12, 1992 Thirteenth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1352. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act providing for and describing boundaries for the districts for the Board of Education of the Hall County School District, so as to modify the description of the education districts to reflect the 1990 census figures. HB 1368. By Representatives Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd, King of the 72nd and Buckner of the 72nd: A bill to amend an Act creating the board of commissioners of Clayton County, so as to provide for four commissioner districts. HB 1370. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts. HB 1381. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act providing for the election of members of the Board of Education of Bryan County, so as to reapportion the education districts and posts. HB 1454. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd, Elliott of the 103rd and Randall of the 101st: A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change the provisions relating to commissioner districts. HB 1456. By Representative Oliver of the 121st: A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to reapportion the Education Districts. 592 JOURNAL OF THE SENATE HB 1457. By Representative Oliver of the 121st: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for Evans County, so as to reapportion the election districts for members of the board of commissioners. HB 1458. By Representatives Coker of the 21st, Aiken of the 21st, Clark of the 20th, Klein of the 21st, Wilder of the 21st and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to reapportion the commissioner districts. HB 1201. By Representatives Reaves of the 147th, Buckner of the 72nd, Selman of the 32nd, Royal of the 144th and Branch of the 137th: A bill to amend Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, and animal shelter opera tors, so as to change the provisions relating to the amount of license fees. HB 1287. By Representatives Cummings of the 17th, McBee of the 68th, Lane of the 27th and Jamieson of the llth: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school". HB 1469. By Representatives Alford of the 57th and Oliver of the 53rd: A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain nonrecurring costs from the definition of "operat ing costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs. HB 1471. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public transportation, so as to prohibit the sale, making, or possession of any altered coin, note, token, transaction card, or similar article to gain entry to a public transit terminal or vehicle and to prohibit the sale or exchange of any transit token, card, or similar article without the consent of certain public transit agencies. HB 1369. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission. HB 1371. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to change certain provisions relating to residency requirements. HB 1337. By Representative Banner of the 131st: A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts. WEDNESDAY, FEBRUARY 12, 1992 593 The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 673. By Senator Thompson of the 33rd: A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to clarify the provisions of the city charter relating to the election of the two at-large city council positions. Referred to Committee on Urban and County Affairs. SB 674. By Senators Tate of the 38th, Egan of the 40th, Langford of the 35th and others: A bill to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions concerning law enforcement officers and agencies, so as to provide that, at the scene of a crime, emergency, or disturbance or when maintaining peace and public order on certain public property, the senior officer at the scene from the law enforcement agency of the jurisdiction in which the public property is located shall have primary law enforcement authority. Referred to Committee on Judiciary. SB 675. By Senators Johnson of the 47th and Deal of the 49th: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in general, so as to provide that judges shall have contempt powers to deal with unexcused absent jurors. Referred to Committee on Judiciary. SB 676. By Senators Johnson of the 47th and Deal of the 49th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide that manufacturing, distribut ing, dispensing, or possessing with intent to distribute a counterfeit substance in, on, or within 1,000 feet of any public or private school is a felony. Referred to Committee on Judiciary. SB 677. By Senator Walker of the 22nd: A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual poli cies of accident and sickness insurance shall be paid directly to the provider of such services subject to the written direction of insured; to provide for notice to providers when payment is made to the insured. Referred to Committee on Health and Human Services. SB 678. By Senator Baldwin of the 29th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Department of Correc tions or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons. Referred to Committee on Corrections. SR 443. By Senators Deal of the 49th, Foster of the 50th, Johnson of the 47th and others: A resolution creating the Joint Study Commission on Revenue Structure. Referred to Committee on Rules. 594 JOURNAL OF THE SENATE The following bills of the House were read the first time and referred to committees: HB 1201. By Representatives Reaves of the 147th, Buckner of the 72nd, Selman of the 32nd and others: A bill to amend Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, and animal shelter opera tors, so as to change the provisions relating to the amount of license fees. Referred to Committee on Agriculture. HB 1287. By Representatives Cummings of the 17th, McBee of the 68th, Lane of the 27th and Jamieson of the llth: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school". Referred to Committee on Education. HB 1337. By Representative Hanner of the 131st: A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts. Referred to Committee on Reapportionment. HB 1369. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission. Referred to Committee on Governmental Operations. HB 1371. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to change certain provisions relating to residency requirements. Referred to Committee on Governmental Operations. HB 1469. By Representatives Alford of the 57th and Oliver of the 53rd: A bill to amend the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," so as to exclude certain nonrecurring costs from the definition of "operat ing costs of the system" for the purposes of the limitations on the use of tax revenues to pay such costs. Referred to Committee on Urban and County Affairs. HB 1471. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding ofFenses against public transportation, so as to prohibit the sale, making, or possession of any altered coin, note, token, transaction card, or similar article to gain entry to a public transit terminal or vehicle and to prohibit the sale or exchange of any transit token, card, or similar article without the consent of certain public transit agencies. Referred to Committee on Transportation. WEDNESDAY, FEBRUARY 12, 1992 595 HB 1352. By Representatives Jackson of the 9th, Lawson of the 9th and Orr of the 9th: A bill to amend an Act providing for and describing boundaries for the districts for the Board of Education of the Hall County School District, so as to modify the description of the education districts to reflect the 1990 census figures. Referred to Committee on Urban and County Affairs. HB 1368. By Representatives Lee of the 72nd, Benefield of the 72nd, Chafin of the 72nd and others: A bill to amend an Act creating the board of commissioners of Clayton County, so as to provide for four commissioner districts. Referred to Committee on Urban and County Affairs. HB 1370. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts. Referred to Committee on Urban and County Affairs. HB 1381. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act providing for the election of members of the Board of Education of Bryan County, so as to reapportion the education districts and posts. Referred to Committee on Urban and County Affairs. HB 1454. By Representatives Groover of the 99th, Pinkston of the 100th, Lucas of the 102nd and others: A bill to amend an Act establishing a board of commissioners of Bibb County, so as to change the provisions relating to commissioner districts. Referred to Committee on Urban and County Affairs. HB 1456. By Representative Oliver of the 121st: A bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, so as to reapportion the Education Districts. Referred to Committee on Urban and County Affairs. HB 1457. By Representative Oliver of the 121st: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for Evans County, so as to reapportion the election districts for members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1458. By Representatives Coker of the 21st, Aiken of the 21st, Clark of the 20/4 and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to reapportion the commissioner districts. Referred to Committee on Urban and County Affairs. 596 JOURNAL OF THE SENATE The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 521. Do pass by substitute. HB 1197. Do pass. HB 1193. Do pass. HB 1199. Do pass. HB 1195. Do pass. HB 1232. Do pass. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 549. Do pass by substitute. Respectfully submitted, Senator Langford of the 35th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 537. Do pass by substitute. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bill and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 617. Do pass. SR 408. Do pass by substitute. HR 716. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 464. Do pass by substitute. HB 235. Do pass. SB 656. Do pass. HB 1107. Do pass. WEDNESDAY, FEBRUARY 12, 1992 597 HB 1203. Do pass. HB 1350. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 602. Do pass by substitute. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SB 629. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 515. Do pass by substitute. HB 761. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 92. Do pass by substitute. SB 121. Do pass by substitute. SB 122. Do pass by substitute. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 594. Do pass. 598 JOURNAL OF THE SENATE SB 631. Do pass. Mr. President: Respectfully submitted, Senator Edge of the 28th District, Chairman 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 623. SB 624. SB 625. SB 628. HB 1443. Do pass. Do pass. Do pass. Do pass. Do pass. HB 1455. HB 1466. HB 1479. HB 1492. HB 1498. Do pass. Do pass. Do pass. Do pass. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 493. 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 authorize the commissioner to adopt rules and regulations for the use of departmental equipment by uni formed personnel. SB 505. By Senators Broun of the 46th, Bowen of the 13th, Foster of the 50th 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 license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm; to provide for pro cedures and qualifications for the issuance of such license plates; to provide for fees. SB 550. By Senator Scott of the 36th: A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices on hills, so as to eliminate the prohibition against the use of radar speed detection devices on highways having a grade in excess of 7 percent. SB 553. By Senator Kidd of the 25th: A bill to amend the Official Code of Georgia Annotated so as to change the mini mum annual salaries received by the constitutional county officers in this state; to change the provisions relating to periodic cost-of-living adjustments to the minimum annual salaries received by the constitutional county officers; to change provisions relating to longevity increases in salaries of constitutional county of ficers; to provide an effective date. SB 578. By Senator Edge of the 28th: A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal WEDNESDAY, FEBRUARY 12, 1992 599 elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given; to provide an effective date. SB 592. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Controlled Substances Act," so as to make it unlawful for any person to manufacture, distribute, dispense, or possess with in tent to distribute a controlled substance or marijuana in, on, or within 1,000 feet of any real property of any publicly owned or publicly operated park, recreation facility, community center, or housing project; to provide penalties. SB 593. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Code Section 16-13-30 of the Official Code of Georgia Annotated, relating to the possession, manufacture, and distribution of controlled substances or marijuana and penalties related thereto, so as to make it unlawful for any person to hire, solicit, engage, or use an individual under the age of 17 years, in any manner, for the purpose of manufacturing, distributing, or dispensing, on behalf of the solicitor, any controlled substance, counterfeit substance, or marijuana. SB 596. By Senator Edge of the 28th: A bill to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to periods of suspension of drivers' licenses upon conviction of certain offenses and conditions to the return of a license, so as to change the provisions relating to the conditions for the return of a license upon a second conviction of violating Code Section 40-6-391 within five years. SB 601. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to change the provisions relating to certificates of birth, for adoptees from outside the state; to change the provisions relating to new certificates of birth following adoption or legitimation. SB 603. By Senators Walker of the 22nd, Hooks of the 14th and Albert of the 23rd: A bill to amend Code Section 33-51-3 of the Official Code of Georgia Annotated, relating to the content of a model basic health insurance plan, so as to provide that a model basic health insurance plan shall include coverage for a minimum of five visits per year to the office of a health care provider for the purpose of re ceiving treatment for an illness or injury. SB 609. By Senator Regan of the 32nd: A bill to amend Code Section 25-2-16 of the Official Code of Georgia Annotated, relating to regulation of the storage, transportation, and handling of hazardous materials, so as to provide for the use of certain safety devices on gasoline and diesel fuel pump nozzles. SB 613. By Senator Kidd of the 25th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise the "Real Estate Ap praiser Licensing and Certification Act"; to change the short title; to change cer tain terms applicable to registration, licensing, and certification of real estate ap praisers; to provide for appropriate appraiser classifications in order to enable the Georgia Real Estate Appraisers Board to meet certain federal guidelines. 600 JOURNAL OF THE SENATE SB 618. By Senators Ragan of the 10th, Gillis of the 20th, English of the 21st and others: A bill to amend Article 1 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions applicable to water resources, so as to create the Governor's Ground-water Advisory Council; to provide for the ap pointment of members; to provide for terms of office and filling vacancies in of fice; to provide for the appointment of a chairman; to provide for payment for travel and expenses; to provide duties and functions of such council. SR 416. By Senators Gillis of the 20th, Robinson of the 16th, Garner of the 30th and others: A resolution recognizing the historical significance of this 101st anniversary of the first official celebration of Arbor Day in Georgia. SR 426. By Senator Kidd of the 25th: A resolution recommending that bankruptcy filings should be processed and ad judicated in a certain manner; to provide certain information to bankruptcy judges and bankruptcy trustees; to provide an effective date. HB 1121. By Representatives Thomas of the 69th, Twiggs of the 4th and Chambless of the 133rd: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to authorize the electronic reporting of convictions by courts to the Department of Public Safety. Senator Timmons of the llth moved that Senator Moye of the 34th be excused from the Senate today due to illness. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Moye of the 34th was excused from the Senate today. Senator Newbill of the 56th moved that Senator Clay of the 37th be excused from the Senate today because of a death in his family. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate today. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd White WEDNESDAY, FEBRUARY 12, 1992 601 Those not answering were Senators: Alien Bishop Clay (excused) English Hasty Langford Moye (excused) Shumake Thompson Walker of 43rd The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Tate of the 38th introduced the chaplain of the day, Reverend Curtis L. Lester, pastor of Greater Bethany Baptist Church, Atlanta, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 445. By Senator Collins of the 17th: A resolution commending Jake and Lorene Lindsey. SR 446. By Senator Collins of the 17th: A resolution commending the Henry County School System. SR 447. By Senators Perry of the 7th and Deal of the 49th: A resolution commending Jamie Griffeth. SR 448. By Senators Perry of the 7th and Deal of the 49th: A resolution commending Leah Tyson. SR 449. By Senators Edge of the 28th and Deal of the 49th: A resolution recognizing the national 4-H winners from Georgia, the State 4-H President, and observance of 4-H Day at the state capitol. SR 450. By Senators Edge of the 28th and Deal of the 49th: A resolution recognizing David Byrd. SR 451. By Senators Hasty of the 51st and Deal of the 49th: A resolution commending Brian Wesley Barnes. SR 452. By Senators Broun of the 46th and Deal of the 49th: A resolution commending David Earl Lively. SR 453. By Senators Pollard of the 24th and Deal of the 49th: A resolution commending Millicent Ann Selman. SR 454. By Senators Ray of the 19th and Deal of the 49th: A resolution commending Patia Sheral Crump. 602 JOURNAL OF THE SENATE SR 455. By Senators Perry of the 7th and Deal of the 49th: A resolution commending Dixie Griffin. SR 456. By Senators Johnson of the 47th, Broun of the 46th and Deal of the 49th: A resolution commending Thomas Brian Crow. SR 457. By Senators Johnson of the 47th, Broun of the 46th and Deal of the 49th: A resolution commending Marcia Leigh Barrett. SR 458. By Senators Perry of the 7th and Deal of the 49th: A resolution commending Leslie Still Pannell. SR 459. By Senators Perry of the 7th and Deal of the 49th: A resolution commending Aaron Hanna. SR 460. By Senators Hill of the 4th and Deal of the 49th: A resolution commending Erin Elizabeth Martin. SR 461. By Senators Kidd of the 25th and Deal of the 49th: A resolution commending Anupam Goel. SR 462. By Senators Dawkins of the 45th and Deal of the 49th: A resolution commending Angela Maria Jenkins. SR 463. By Senators Perdue of the 18th and Deal of the 49th: A resolution commending Marcia Lynn Haught. Senator Bowen of the 13th moved that the following bill of the House be withdrawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Public Safety: HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th and others: A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the quali fied electors of the county voting in a special election thereon. On the motion, the yeas were 30, nays 0; the motion prevailed, and HB 1236 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Public Safety. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR February 12, 1992 THIRTEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) WEDNESDAY, FEBRUARY 12, 1992 603 SB 623 Kidd, 25th BALDWIN COUNTY A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the provisions relating to com pensation. SB 624 Kidd, 25th BALDWIN COUNTY A bill to amend an Act providing for the election of members of the board of education of Baldwin County, so as to change the composition of education districts from which members of the board of education are elected. SB 625 Kidd, 25th BALDWIN COUNTY A bill to amend an Act creating a board of commissioners of Baldwin County, so as to change the composition of commissioner districts from which mem bers of the board are elected. SB 628 Clay, 37th COBB COUNTY A bill to amend an Act creating a new charter for the City of Kennesaw, so as to provide for the authority of the municipal court to place persons on proba tion; to require attendance at safety education schools, drug and alcohol risk reduction schools, and to provide for authority to order persons to pay fees for probation as well as other costs. HB 1443 Muggins, 53rd Ramsey, 54th CATOOSA COUNTY A bill to abolish the Board of Tax Administrators for Catoosa County. HB 1455 English, 21st JEFFERSON COUNTY A bill to amend an Act incorporating the City of Wrens in Jefferson County, so as to change the time of election, taking office, and terms of office of city councilmen. HB 1466 Huggins, 53rd Ramsey, 54th CATOOSA COUNTY A bill to amend an Act incorporating the Town of Fort Oglethorpe, redesignating to the City of Fort Oglethorpe. HB 1479 Dawkins, 45th ROCKDALE COUNTY A bill to provide a homestead exemption from certain Rockdale County School District ad valorem taxes for educational purposes in certain gradu ated amounts of the assessed value of the homestead for certain residents of the school district who are 65 years of age or over or permanently disabled. HB 1492 Broun, 46th CLARKE COUNTY A bill to amend an Act establishing a City Court in Clarke County, now 604 JOURNAL OF THE SENATE known as the State Court of Athens-Clarke County; so as to change the com pensation of the solicitor of the court. HB 1498 Johnson, 47th MADISON COUNTY A bill to provide for homestead exemptions from Madison County ad valorem taxes for educational purposes for certain residents. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th CC~ loailyeman CDoalwliknisns Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill IHHTie-l,n!l son JHouhgngsionns Marable Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson TcSco.t.t ,Tihfoempson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bishop Brown of 26th Burton Harris Hasty Hooks Kidd Langford Moye (excused) Perdue Shumake Starr Steinberg Taylor Walker of 43rd On the passage of all the local bills, the yeas were 41, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE CALENDAR Wednesday, February 12, 1992 THIRTEENTH LEGISLATIVE DAY SR 362 Local School Systems--taxes other than property to support (Substitute) (F&PU--50th) SR 366 Ben Jess Logan, Sr. Memorial Bridge--designate (Trans--51st) SR 375 Certain Resolution Acts on State Property Conveyance, Lease--repeal (Substi tute) (F&PU--44th) SR 399 College Preparatory Graduates--encourage warranty (Ed--50th) WEDNESDAY, FEBRUARY 12, 1992 605 SR 407 Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, Washington Counties--certain utility easements (F&PU--44th) SR 414 Fulton County--conveyance of certain state property (F&PU--40th) SR 417 Crisp County--road right of way easement certain state property (F&PU--13th) SR 418 Colquitt County--easement for thoroughfare, state property (F&PU--13th) SB 461 Georgia Military College--Board of Trustees (Ed--25th) SB 467 Securities Act--redefine investment adviser (Substitute) (B&FI--25th) SB 518 Courts--judicial branch personnel continuing judicial education fee (Substitute) (Judy--29th) SB 590 Governor's Development Council--composition (U&CA G--45th) HB 354 Lookout Mountain Judicial Circuit Superior Courts--provide fourth judge (Sub stitute) (Judy--53rd) The following general resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption: SR 362. By Senators Foster of the 50th and Deal of the 49th: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assem bly may provide by local or general law for taxes, fees, or assessments to support local school systems in addition to taxes on real property; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VI, Paragraph I of the Constitution is amended by strik ing in its entirety subsection (a) and inserting in lieu thereof the following: "(a) The board of education of each school system shall annually certify to its fiscal authority or authorities a school tax not greater than 20 mills per dollar for the support and maintenance of education. Said fiscal authority or authorities shall annually levy said tax upon the assessed value of all taxable property within the territory served by said school system, provided that the levy made by an area board of education, which levy shall not be greater than 20 mills per dollar, shall be in such amount and within such limits as may be prescribed by local law applicable thereto. The General Assembly is authorized by local or general law to provide for other taxes, fees, or assessments to be used to support such school systems?1 Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to authorize the General Assembly by local or general law to provide for taxes, fees, or assessments in addition to ad valorem taxes on real property to support local school systems?" 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. 606 JOURNAL OF THE SENATE The Senate Committee on Finance and Public Utilities offered the following substitute to SR 362: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the General Assem bly may provide by local or general law for taxes, fees, or assessments to support local school systems in addition to taxes on real property; to provide for the submission of this amend ment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article VIII, Section VI, Paragraph I of the Constitution is amended by strik ing in its entirety subsection (a) and inserting in lieu thereof the following: "(a) The board of education of each school system shall annually certify to its fiscal authority or authorities a school tax not greater than 20 mills per dollar for the support and maintenance of education. Said fiscal authority or authorities shall annually levy said tax upon the assessed value of all taxable property within the territory served by said school system, provided that the levy made by an area board of education, which levy shall not be greater than 20 mills per dollar, shall be in such amount and within such limits as may be prescribed by local law applicable thereto. The General Assembly is authorized by local or general law to provide for other taxes, fees, or assessments to be used to support such school systems; provided, however, that the imposition of any such tax, fee, or assessment shall be conditioned upon approval by a majority of the qualified voters in the local school district voting on the issue in a district-wide referendum." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to authorize the General Assembly by local or general law to provide for taxes, fees, or assessments in addition to ad valorem taxes on real property to support local school systems?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Broun of 46th Burton Clay Deal Edge English Foster Hasty Henson Kidd Newbill Phillips Pollard Ragan of 32nd Ramsey Scott Starr Steinberg WEDNESDAY, FEBRUARY 12, 1992 607 Tate Thompson Timmons Tysinger Walker of 43rd White Those voting in the negative were Senators: Bishop Bowen Brown of 26th Coleman Collins Dawkins Dean Echols Egan Gillis Hammill Harris Hill Hooks Huggins Johnson Marable Perdue Perry Ragan of 10th Ray Robinson Turner Walker of 22nd Those not voting were Senators: Garner Langford Moye (excused) Shumake Taylor On the adoption of the resolution, the yeas were 27, nays 24. The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost. SR 366. By Senator Hasty of the 51st: A resolution designating the Ben Jess Logan, Sr., Memorial Bridge. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Langford Moye (excused) Ragan of 10th Scott Shumake Taylor 608 JOURNAL OF THE SENATE On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 375. By Senator Starr of the 44th: A resolution repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real property, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public purposes; to provide an ef fective date. The Senate Committee on Finance and Public Utilities offered the following substitute to SR 375: A RESOLUTION Repealing certain resolution Acts which authorized the conveyance of certain parcels of state owned property, which authorized the lease of certain parcels of state owned real prop erty, which authorized the granting of easements, irrevocable easements, or nonexclusive easements over, under, across, and through certain state owned real property for public pur poses, which authorized the conveyance of the state's interest in a lease agreement of certain state owned real property in Tennessee, and which requested that certain departments of state government or public authorities make certain state owned property available to other parties for public purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain parcels of real property in various locations within the state; and WHEREAS, the General Assembly, heretofore, has authorized the State of Georgia act ing by and through its State Properties Commission to convey or lease such parcels of state owned real property under specified terms and conditions; and WHEREAS, such parcels of state owned real property were never conveyed or leased by the state as authorized by the General Assembly nor is there any intention on the part of the State of Georgia and other parties to contract for the conveyance or lease of such parcels of state owned real property at any time in the near future. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: Section 1. That the Resolution (Res. Act No. 84, H.R. No. 512-1346) authorizing a lease agreement between the State of Georgia and the Veterans of Foreign Wars of the United States, Charles G. Edward Post 660, relative to certain state owned real property located in Chatham County, Georgia, approved February 12, 1980 (Ga. L. 1980, p. 41), is repealed in its entirety. Section 2. That the Resolution (Res. Act No. 85, H.R. No. 513-1346) requesting that the Georgia Building Authority (Hospital) and the State of Georgia, acting by and through the Board of Human Resources of the State of Georgia and/or the Department of Human Re sources, and/or the Board of Human Resources of the State of Georgia, acting for and on behalf of itself and the Department of Human Resources, make 12.26 acres of land in Chat ham County, Georgia, available to Goodwill Industries of the Coastal Empire, Inc., for the purpose of their constructing and operating thereon a sheltered workshop for the handi capped and other facilities to house the programs of that organization, approved February 12, 1980 (Ga. L. 1980, p. 43), is repealed in its entirety. Section 3. That the Resolution (Res. Act No. 203, H.R. No. 658) authorizing the State WEDNESDAY, FEBRUARY 12, 1992 609 of Georgia, acting by and through its State Properties Commission, to convey or lease cer tain state owned real property located within Butts County, Georgia, to the board of com missioners of Butts County, Georgia, approved April 22, 1982 (Ga. L. 1982, p. 2197), is re pealed in its entirety. Section 4. That the Resolution (Res. Act No. 112, H.R. No. 668) authorizing the State Properties Commission, for and on behalf of the State of Georgia, to grant and convey to Chatham Service Corporation, a Georgia corporation, its successors and assigns, an irrevoca ble easement over, under, across, and through certain property owned or claimed by the State of Georgia and located in Savannah, Chatham County, Georgia, for the construction, installation, operation, maintenance, repair, and replacement of berthing, docking, and stor age facilities and improvements, including conveyor systems and loading and unloading tow ers, and for navigational dredging, to be used in connection with the receiving, storage, load ing and unloading of various waterborne products, to be built over, under, across, or through such state owned or claimed properties, approved April 14, 1982 (Ga. L. 1982, p. 1333), is repealed in its entirety. Section 5. That the Resolution (Res. Act No. 29, H.R. No. 158) authorizing and empow ering the State of Georgia, acting by and through its State Properties Commission, to grant and convey to the City of Brunswick, Georgia, its successors and assigns, an easement in certain real property owned or claimed by the state, situated on the Brunswick-Altamaha Canal in Glynn County, Georgia, for the construction, installation, operation, maintenance, repair, and replacement thereon of an expansion of the existing Academy Creek Wastewater Treatment Facility and authorizing in the easement and as a part of said construction the removal of old garbage and buried mud from said state property and the discharge of fill material onto said state property, approved March 29, 1983 (Ga. L. 1983, p. 987), is repealed in its entirety. Section 6. That the Resolution (Res. Act No. 26, H.R. No. 72) authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to P. D. Oil & Chemical Storage, Inc., a Georgia corporation, its successors and assigns, an ease ment over, under, across, and through certain property owned and claimed by the state, located in Chatham County, Georgia, in the Savannah River, for the construction, installa tion, operation, maintenance, repair, and replacement of berthing, docking, and storage fa cilities and improvements to be used in connection with the receiving, storing, loading, and unloading of liquid container ships, to be built over, under, across, or through such state owned or claimed properties, and authorizing the removal and utilization of material from said state property by P. D. Oil & Chemical Storage, Inc., its successors and assigns, ap proved March 29, 1983 (Ga. L. 1983, p. 975), is repealed in its entirety. Section 7. That the Resolution (Res. Act No. 51, H.R. No. 544) authorizing the convey ance of certain state owned real property located in Meriwether County, Georgia, in order to settle certain boundary line discrepancies, approved March 14, 1984 (Ga. L. 1984, p. 492), is repealed in its entirety. Section 8. That the Resolution (Res. Act No. 33, H.R. No. 120) authorizing the State of Georgia, acting by and through the State Properties Commission, to grant and convey to the City of Acworth an easement over, under, across, and through certain property owned by the State of Georgia and located in Cobb County, Georgia, for highway and city improve ments by the construction, installation, operation, maintenance, repair, improvement, or re placement of retaining walls, roads, and utilities and sewerage and drainage systems for these improvements, approved March 28, 1985 (Ga. L. 1985, p. 583), is repealed in its entirety. Section 9. That the Resolution (Res. Act No. 79, H.R. No. 507) authorizing the convey ance of the State of Georgia's interest in a 99 year Lease Agreement of certain state owned real property located in Hamilton County, Tennessee, approved March 31, 1986 (Ga. L. 1986, p. 540), is repealed in its entirety. Section 10. That the Resolution (Res. Act No. 71, H.R. No. 591) authorizing the leasing 610 JOURNAL OF THE SENATE of certain state owned property located in the City of Atlanta, Fulton County, Georgia, approved March 13, 1988 (Ga. L. 1988, p. 778), is repealed in its entirety. Section 11. That the Resolution (Res. Act No. 47, H.R. No. 578) authorizing the convey ance of certain state owned property located in Hamilton County, Tennessee, to Hamilton County, Tennessee, and the City of Chattanooga, Tennessee (a portion of which is subject to a lease with the Norfolk Southern Railway Company), under certain conditions and repeal ing a specific article of another Act, approved March 10, 1988 (Ga. L. 1988, p. 181), is re pealed in its entirety. Section 12. That the Resolution (Res. Act No. 54, S.R. No. 367) authorizing the convey ance of certain state owned real property located in Gordon County, Georgia, approved March 15, 1988 (Ga. L. 1988, p. 196), is repealed in its entirety. Section 13. That the Resolution (Res. Act No. 10, H.R. No. 165) authorizing the convey ance of certain state owned real property located in White County, Georgia, approved April 4, 1989 (Ga. L. 1989, p. 708), is repealed in its entirety. Section 14. That this resolution shall become effective upon its approval by the Gover nor or upon its becoming law without such approval. Section 15. That all laws and parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Langford Moye (excused) Scott Shumake On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. WEDNESDAY, FEBRUARY 12, 1992 611 SR 399. By Senator Foster of the 50th: A resolution encouraging the establishment of a warranty for graduates of college preparatory programs in Georgia high schools. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable 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 White Those not voting were Senators: Albert Clay Gillis Henson Langford Moye (excused) Shumake Walker of 43rd On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Garner of the 30th introduced Diane Giles Williams, who was serving as the nurse in the Medical Aid Station in the Capitol today, and the doctor of the day, Dr. Robert B. Pitts, of Carrollton, Georgia. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 407. By Senator Starr of the 44th: A resolution authorizing the granting of nonexclusive easements for operation and maintenance of water, utility, telecommunication, or sanitation facilities in, on, over, under, upon, across, or through property owned by the State of Georgia in Calhoun, DeKalb, Emanuel, Floyd, Johnson, Monroe, Pulaski, and Washing ton counties, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: 612 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Brown of 26th urton PCP o,,ly,e.man LD/eOalllinS Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Hm Hooks JH.ouh, g6nBgsionns TK^l-dJdJ Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott S0Stteamr. rb, erg rTri atie Taylor Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Broun of 46th Dawkins Edge Henson Langford Moye (excused) Shumake Thompson Timmons On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 168. By Senators Kidd of the 25th, Walker of the 43rd, Langford of the 35th and others: A bill to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the registration and regulation of regis tered interior designers; to define certain terms; to designate certain Code sec tions as an article of Chapter 4 of Title 43; to create the State Board of Registra tion of Interior Designers as a division of the State Board of Architects. The House substitute to SB 168 was as follows: A BILL To be entitled an Act to amend Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, so as to provide for the certification of registered interior designers; to define certain terms; to provide for the administration of such certification by the State Board of Architects; to provide for additional members on such board for certain purposes only with respect to the certification of registered interior designers; to provide qualifications for certification; to provide for fees; to provide for the form of certification; to prohibit registered interior designers from having a seal; to provide for applicability of this Act with respect to the practice of architecture; to provide for the applicability of other laws; to provide exceptions to the provisions of this Act; to provide for reciprocity under certain conditions; to prohibit the use of the title "registered interior designer" unless a person has a certificate of registration; to provide for conditions of effectiveness; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 12, 1992 613 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 4 of Title 43 of the Official Code of Georgia Annotated, relating to architects, is amended by striking the word "chapter" wherever the same appears in Code Sections 43-4-10, 43-4-11, 43-4-13, 43-4-14, 43-4-16, and 43-4-17 and inserting in lieu thereof the word "article". Section 2. Said chapter is further amended by designating present Code Sections 43-4-1 through 43-4-18 as Article 1 of said Chapter 4 and by adding at the end thereof a new Article 2 to read as follows: "ARTICLE 2 43-4-30. As used in this article, the term 'registered interior designer' means a person registered under this article as being qualified by education, experience, and examination to use the title 'registered interior designer.' In general, an interior designer performs services including preparation of documents relative to nonload-bearing interior construction, fur nishings, fixtures, and equipment. 43-4-31. (a) The State Board of Architects shall grant certificates and administer the provisions of this article, except that, for the purposes of this article, there shall be two additional members of the board, each of whom shall be appointed by the Governor. The two additional members shall have been interior designers for at least ten years immediately preceding their appointment and shall have passed an examination approved by the board. The Governor shall appoint such additional members for terms of office beginning on the effective date of this article with one member appointed for an initial term of four years and the other member for an initial term of five years and until their successors are appointed and qualified. Successors shall be appointed for terms of five years and until their successors are appointed and qualified. A vacancy in the office of any such additional member shall be filled by appointment of the Governor for the unexpired term. The appointment of such additional members by the Governor shall be subject to confirmation by the Senate as pro vided in Code Section 43-1-16. (b) The two additional members provided for in subsection (a) of this Code section shall be full voting members of the board only for the purposes of this article. (c) The board shall keep a registry of registered interior designers. 43-4-32. (a) Any person wishing to use the title 'registered interior designer' shall apply to the board for a certificate of registration as a registered interior designer. (b) Each applicant for certification as a registered interior designer shall meet the fol lowing requirements: (1) Is at least 21 years of age; (2) Has submitted a completed application as required by the board; (3) Has submitted the fees required by the board; (4) Provides proof of having passed the examination promulgated by the National Council for Interior Design Qualification or an examination approved by the board; and (5) Except as otherwise provided in subsection (c) of this Code section, provides proof that the applicant has acquired a minimum four-year degree or first professional degree conferred by a college or university whose program is accredited by the National Architec tural Accrediting Board or by another national or regional accrediting organization recog nized by the board in a program of study in architecture or in a program of study in interior design approved by the Foundation for Interior Design Research or in a substantially equivalent program of study approved by the board. (c) The examination requirement specified in paragraph (4) of subsection (b) of this 614 JOURNAL OF THE SENATE Code section shall be waived by the board for two years after the effective date of this article for any applicant who: _ (1) Provides proof satisfactory to the board that the applicant has been an interior designer for at least ten years immediately prior to the date of the application; and (2) Passes an examination approved by the board on life safety and accessibility codes, which examination is passed within 12 months prior to the application for a certificate of registration. (d) A certificate of registration as a registered interior designer shall be valid for two years and shall be renewed biennially. An applicant for renewal of a certificate of registra tion shall pay a renewal fee and shall meet such continuing education requirements as the board may require by rule or regulation. The continuing education requirements shall not exceed 40 hours biennially. 43-4-33. (a) The board shall prescribe the form of a certificate of registration as a regis tered interior designer issued pursuant to the provisions of this article. The certificate shall have placed thereon the seal of the State Board of Architects. (b) A registered interior designer shall not be authorized to have a separate seal and the seal of the State Board of Architects shall not be applied to drawings or other documents prepared by registered interior designers, provided that the foregoing shall not prohibit any registered architect who has reviewed or supervised the preparation of drawings or other documents prepared by a registered interior designer from applying his or her seal to such drawings or other documents. 43-4-34. (a) Nothing in this article shall be construed as amending or in any manner affecting the definition of or practice of architecture as provided in Code Section 43-4-1 and 43-4-14. (b) Nothing in this article shall be construed as prohibiting an architect from practicing interior design, provided that an architect shall not use the title 'registered interior designer' unless the architect has been granted a certificate of registration under this article. (c) Nothing in this article shall be construed as prohibiting or restricting the practice or activities of an interior decorator or individual offering interior decorating services, includ ing, but not limited to, selection of surface materials, window treatments, wall coverings, paint, floor coverings, and lighting fixtures. 43-4-35. For the purposes of this article, all the powers and duties provided in Chapter 1 of Title 43 apply, including but not limited to the authority to sanction or deny registra tion as provided for applicants and licensees in Code Section 43-1-19. 43-4-36. Any person who has been certified or registered as an interior designer in an other state or foreign country may be issued a certificate of registration by the board to use the title 'registered interior designer,' provided that such person demonstrates to the satis faction of the board that he meets the requirements for registration in this state. 43-4-37. (a) It shall be unlawful for any person to use the title 'registered interior de signer' unless that person has been issued a certificate of registration as a registered interior designer as provided in this article. (b) Any person violating the provisions of subsection (a) of this Code section shall be guilty of a misdemeanor." Section 3. This Act shall become effective only when the funds necessary to carry out its purposes are specifically appropriated by the General Assembly. Section 4. 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 168. WEDNESDAY, FEBRUARY 12, 1992 615 Senator Coleman of the 1st moved that the Senate agree to the House substitute to SB 168 as amended by the following amendment: Amend the House substitute to SB 168 by striking on lines 33 and 34 of page 4 the words "reviewed or" and inserting in lieu thereof the words "divested and". Senator Newbill of the 56th moved that the House substitute to SB 168 and the amendment offered by Senator Coleman of the 1st to the House substitute to SB 168 be printed. On the motion offered by Senator Newbill of the 56th, the yeas were 17, nays 15; the motion prevailed, and the House substitute to SB 168 and the amendment offered by Sena tor Coleman of the 1st were ordered printed and distributed, and the action on the motion offered by Senator Coleman of the 1st was postponed subject to the printing. On the motion offered by Senator Coleman of the 1st, which motion takes precedence, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Bishop Brown of 26th Burton Coleman Collins Echols Egan Hammill Hill Perry Phillips Pollard Ray Robinson Turner Tysinger Walker of 22nd Those voting in the negative were Senators: Albert Baldwin Bowen Broun of 46th Daw.ki. ns DDeeaaln Edge English Foster Garner Gillis Harris Hasty Henson HHuggksms JKoihdndson Marable Newbill Perdue Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg ^Taylor Thompson Timmons Walker of 43rd White Those not voting were Senators: Langford Moye (excused) Shumake On the motion offered by Senator Coleman of the 1st, the yeas were 18, nays 35; the motion was lost, and the Senate did not agree to the House substitute to SB 168 as amended by the amendment offered by Senator Coleman of the 1st. On the motion offered by Senator Kidd of the 25th to agree to the House substitute to SB 168, a roll call was taken, and the vote was as follows: 616 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Dawkins Deal Dean Edge Egan English Foster Garner Gillis Harris Hasty Henson Hooks Huggins Johnson Kidd Marable Newbill Perdue Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg Tate Taylor Timmons Walker of 43rd White Those voting in the negative were Senators: Bishop Burton Clay Coleman Collins Echols Hammill Hill Perry Phillips Pollard Ray Robinson Thompson Turner Tysinger Walker of 22nd Those not voting were Senators: Langford Moye (excused) Shumake On the motion offered by Senator Kidd of the 25th, the yeas were 36, nays 17, and the Senate agreed to the House substitute to SB 168. Senator Deal of the 49th introduced the Georgia 4-H Club students who were com mended and recognized by SR 447 through SR 463, adopted previously today. The following general resolutions of the Senate, favorably reported by the committee, were read the third time and put upon their adoption: SR 414. By Senators Egan of the 40th and Starr of the 44th: A resolution authorizing the conveyance of certain state owned real property lo cated in Fulton County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Marable Newbill Perdue Phillips WEDNESDAY, FEBRUARY 12, 1992 617 Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal Foster Hammill Kidd Langford Moye (excused) Perry Ramsey Shumake 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. SR 417. By Senator Bowen of the 13th: A resolution authorizing the grant of a road right of way easement on, over, and through certain state owned real property located in Crisp County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Hammill Langford Moye (excused) Shumake Starr On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 618 JOURNAL OF THE SENATE SR 418. By Senator Bowen of the 13th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of an access thoroughfare in, on, over, under, upon, across, or through property owned by the State of Georgia in Colquitt County, Georgia; to provide an effective date. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th ^CCouo.llrletiomnnsan Dawkins jjeaj Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hm HtHrouuogkgsl ns Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SrT^taet,ienberg Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay Hammill Langford Moye (excused) Shumake Starr Timmons On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 417. By Senator Dawkins of the 45th, Taylor of the 12th, Robinson of the 16th and Foster of the 50th: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the conditions under which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions. The House substitute to SB 417 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 change the conditions under WEDNESDAY, FEBRUARY 12, 1992 619 which certain students may be counted for high school programs while enrolled in postsecondary institutions; to provide for definitions; to authorize certain pupils to enroll in and take approved courses at eligible institutions and receive high school credit and state fund ing therefor; to authorize eligible institutions to receive state funds for high school pupils enrolled therein; to provide for program information, counseling, and forms; to provide for conditions of pupil eligibility; to provide for course approvals, credits, and lists and for de terminations and contested cases relating thereto; to provide conditions for the grant and use of high school credits for completed courses and notifications relating thereto; to provide for credit at eligible institutions for courses completed therein; to require awarding of high school diplomas based on certain credits earned; to provide for a secondary options grant account and for payments to eligible institutions; to prohibit certain charges and require others; to provide for the payment of certain advanced placement tests; to provide for ineligibility for other state financial aid; to prohibit certain conduct and provide penalties there for; to require the prior approval of the State Board of Technical and Adult Education or the Board of Regents of courses in vocational and technical education offered by a high school for both high school credit and credit at the eligible institution; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 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 20-2-160, relating to enrollment determinations, and inserting in its place a new subsection to read as follows: "(a) The State Board of Education shall designate the specific dates upon which three counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made prior to October 1, the second enroll ment count after November 1 but prior to January 1, and the final enrollment count after February 15 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a driver education course; a course recognized under this article or by state board policy as an enrichment course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major por tion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any onesixth segment of the school day for which the student is charged tuition or fees or is re quired to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a regionally accredited poataccondary institution an eligible institution under the program established in Code Section 20-2-160.1 may Be counted for the high school program for only that portion of the day that the student is attending the high school poatsccondary institutions provided, however, that the student is attending the high school for at least three those segments that are eligible to be counted under this subsection and that the student's poataccondary program is approved by the high school principal o? the principal's dcsigncc. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall 620 JOURNAL OF THE SENATE be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date." Section 2. Said article is further amended by adding immediately following Code Sec tion 20-2-161 a new Code section to read as follows: "20-2-161.1. (a) For purposes of this Code section, the term: (1) 'Course' means any plan or program of instruction. (2) 'Department' means the State Department of Education. (3) 'Eligible institution' or 'institution' means any two-year or four-year degree-granting public college or university or state operated postsecondary technical institution located in Georgia. (4) 'Program' means the arrangement authorized by this Code section whereby a pupil in a public high school may enroll in and take courses at an eligible institution and receive secondary credit. (5) 'Secondary credit' means high school credit for courses taken at an eligible institu tion under the program. (b) Any eleventh or twelfth grade pupil or pupil aged 16 or over in any public school in this state may apply to an eligible institution to enroll in selected courses which are offered at that institution and which are approved for secondary credit under subsection (e) of this Code section. It shall be the responsibility of the high school principal and advisement faculty to inform the postsecondary institution of the academic, emotional, social, and other characteristics of the pupil that should be considered in the decision to enroll or not enroll the student. If accepted at an eligible postsecondary institution, such pupil may take any such approved course at that institution, whether or not the course is taught during the regular public school day, and receive secondary credit therefor only under the conditions provided in this Code section. An eligible institution which accepts a pupil authorized to apply for enrollment therein under the program shall not receive any state funds for that pupil unless the institution complies with the requirements of this Code section regarding eligible institutions. (c) No later than the first day of April each year, each local school system shall provide general information about the program to all its eligible pupils. A local school system shall also provide counseling services to such pupils and their parents or guardians before the pupils enroll in eligible institutions under this Code section to ensure that the pupils and their parents or guardians are aware of the possible consequences of enrolling in an eligible institution. Such counseling services will include information relative to what institutions and courses are eligible for participation; the process for granting academic credits; financial arrangements for tuition, books, and materials; available support services; the need to ar range an appropriate schedule; consequences of failing or not completing a course; the effect of the program on a pupil's ability to complete a course, to participate in extracurricular activities, and to complete required high school graduation requirements; and the academic and social responsibilities of pupils and their parents or guardians, including the continuing responsibility to obey the rules and regulations of the eligible institutions and the high school as appropriate. Prior to enrolling in a course at an eligible institution, the pupil and the pupil's parents or guardians must sign a form that must be provided by the school system or may be provided by an eligible institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that must be assumed in participating in the program. The department shall develop appropriate forms and counseling guidelines for the program. (d) A pupil who first enrolls in an eligible institution at the beginning of grade 11 may not enroll in an eligible institution under the program for secondary credit for more than WEDNESDAY, FEBRUARY 12, 1992 621 the equivalent of two academic years. A pupil who first enrolls in an eligible institution at the beginning of grade 12 may not enroll in an eligible institution under the program for secondary credit for more than the equivalent of one academic year. If a pupil in grade 11 or 12 first enrolls in an eligible institution for secondary credit after the beginning of the school year, the time of participation in the program authorized by this subsection shall be reduced proportionately. A pupil who has graduated from high school cannot participate in the program. A pupil who has completed course requirements for graduation but who has not received a diploma may participate in the program. (e) (1) Each eligible institution desiring to participate in the program shall annually submit to the department a description of each course for which the institution seeks ap proval under the program. The department shall review such submissions and approve any such course which is substantially comparable to any course which is offered for credit in a high school program in this state and which is includable for funding for purposes of the full-time equivalent program count under Code Section 20-2-160 for any local school system in the state. If there is such a comparable high school course, the department shall specify that course and determine the credit for the eligible institution's course. The department shall annually publish a list containing the department's determinations regarding approved comparable courses and credits therefor, which determination shall be a contested case under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for any eligible institution aggrieved thereby. (2) A local school system shall grant academic credit to a pupil enrolled in a course in an eligible institution if that course has been listed as approved by the department under paragraph (1) of this subsection and if the pupil successfully completes that course. The secondary credit granted shall be for the comparable course and course hours approved by the department. Upon completion of an eligible institution's approved course, the pupil shall be responsible for requesting that the institution notify the pupil's local school system regarding the pupil's grade in that course. (3) Secondary school credits granted for eligible institution courses under paragraph (2) of this subsection shall be used to satisfy the state board's requirements in regard to eligibil ity for extracurricular activities and shall also be counted toward the graduation require ments and subject area requirements of the local school system. Evidence of successful com pletion of each course and secondary credits granted shall be included in the pupil's secondary school records. (4) If a pupil enrolls in an eligible institution after leaving secondary school, that insti tution shall award credit at such institution for any course successfully completed for sec ondary credit at that institution. Other eligible institutions shall award, after a pupil leaves secondary school, postsecondary credit for any course successfully completed under the pro gram on the same basis on which such credits are customarily awarded. An institution may not charge a pupil for the award of credit. (5) The department shall develop the necessary rules to require local school systems to award a high school diploma for any pupil who is enrolled at an eligible institution under the program as long as the credit earned at such institution satisfies course requirements needed for the pupil to complete high school graduation. The department shall consult the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education in developing rules and regulations regarding the eligibility criteria for pro gram participation. (f) The department shall establish a secondary options grant account with funds appro priated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating pupils would earn in the local systems during the portion of the instructional day the students were actually enrolled at the eligible 622 JOURNAL OF THE SENATE institutions. The department shall pay to the eligible institution from this grant account the lesser of the following amounts for a pupil enrolled therein: (1) The actual costs of tuition, materials, and fees directly related to each approved course taken by the pupil at such institution; or (2) The amount that the pupil would have earned under this article if that pupil had been in an equivalent instructional program in a local school system for that portion of the instructional day in which the pupil was actually enrolled in an eligible institution pursuant to this Code section. (g) The department shall pay the fees charged for advanced placement tests taken by any eligible high school student who successfully completes an approved advanced place ment course. The local high school principal shall certify to the department the number of students taking the advanced placement tests, the total fees changed, and such additional information as the department requires regarding advanced placement tests, and the de partment shall make payments directly to the testing service from funds dedicated to this purpose within the secondary option grant account. (h) A pupil enrolled in an eligible institution for secondary credit is not eligible for any other state student financial aid at an eligible institution for courses taken under the program. (i) Any person who knowingly makes or furnishes any false statement or misrepresenta tion, or who accepts such statement or misrepresentation knowing it to be false, for the purpose of enabling an eligible institution to obtain wrongfully any payment under this Code section shall be guilty of a misdemeanor. (j) By agreement between the State Board of Education and the State Board of Techni cal and Adult Education or the Board of Regents or a local board operating a postsecondary vocational school, high schools may offer courses in vocational and technical education which qualify for both high school credit and credit at an eligible institution governed by such boards. Such courses shall meet the standards and criteria of and be approved by the State Board of technical and Adult Education or the Board of Regents for such credit. Any costs for tuition, fees, or tests required to receive the postsecondary credit shall be paid for as described in subsection (f) of this Code section." 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 agree to the House substitute to SB 417. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray WEDNESDAY, FEBRUARY 12, 1992 623 Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Bowen Hammill Henson Langford Moye (excused) Shumake Starr Walker of 22nd On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 417. The following bill of the House was taken up for the purpose of considering the Confer ence Committee report thereon: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. The Conference Committee report on HB 1262 was as follows: The Committee of Conference on HB 1262 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1262 be adopted. Respectfully submitted, FOR THE SENATE: /s/ C. Donald Johnson, Jr. Senator, 47th District /s/ J. Nathan Deal Senator, 49th District /s/ Wayne Garner Senator, 30th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Terry L. Coleman Representative, 118th District /s/ Larry Walker Representative, 115th District /s/ Thomas B. Buck, III Representative, 95th District Conference Committee substitute to HB 1262: A BILL To be entitled an Act to amend an Act providing appropriations for the State Fiscal Year 1991-1992 known as the "General Appropriations Act", approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), so as to change certain appropriations for the State Fiscal Year 1991-1992; to make language and other changes; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing appropriations for the State Fiscal Year 1991-1992, as amended, known as the "General Appropriations Act" approved April 24, 1991 (Ga. L. 1991, p. 1944), as amended by an Act approved September 5, 1991 (Act EX 1, HB 1-EX), is 624 JOURNAL OF THE SENATE further amended by striking everything following the enacting clause through Section 84, and by substituting in lieu thereof the following: "That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 1991, and ending June 30, 1992, as prescribed hereinafter for such fiscal year, from funds from the Federal Government and General Funds of the State, in cluding surplus, reserves and a revenue estimate of $7,390,000,000 (excluding indigent trust fund receipts) for State Fiscal Year 1992. PART I. LEGISLATIVE BRANCH. Section 1. Legislative Branch. Budget Unit: General Assembly .................................... $21,863,995 Personal Services--Staff ......................................... $10,467,421 Personal Services--Elected Officials ................................ $3,495,417 Regular Operating Expenses....................................... $2,651,927 Travel--Staff ....................................................... $98,000 Travel--Elected Officials .............................................. $7,000 Capital Outlay ...................................................... $--0-- Equipment ........................................................ $232,000 Computer Charges ................................................. $461,000 Real Estate Rentals .................................................. $5,000 Telecommunications ................................................ $720,000 Per Diem, Fees and Contracts--Staff ................................ $241,389 Per Diem, Fees and Contracts--Elected Officials .................... $2,291,841 Photography ........................................................ $65,000 Expense Reimbursement Account.................................. $1,128,000 Total Funds Budgeted ........................................... $21,863,995 State Funds Budgeted ........................................... $21,863,995 Senate Functional Budgets Total Funds State Funds Senate and Research Office $ 3,987,618 $ 3,987,618 Lt. Governor's Office $ 634,359 $ 634,359 Secretary of the Senate's Office $ 1,083,571 $ 1,083,571 Total $ 5,705,548 $ 5,705,548 House Functional Budgets House of Representatives and Research Office Total Funds $ 8,148,794 State Funds $ 8,148,794 Speaker of the House's Office $ 417,640 $ 417,640 Clerk of the House's Office $ 1,075,745 $ 1,075,745 Total $ 9,642,179 $ 9,642,179 Joint Functional Budgets Total Funds State Funds Legislative Counsel's Office Legislative Fiscal Office $ 2,213,040 $ 2,213,040 $ 2,320,557 $ 2,320,557 Legislative Budget Office Ancillary Activities $ 827,131 $ 827,131 $ 1,155,540 $ 1,155,540 Total $ 6,516,268 $ 6,516,268 WEDNESDAY, FEBRUARY 12, 1992 625 For compensation, expenses, mileage, allowances, travel and benefits for members, offi cials, committees and employees of the General Assembly and each House thereof; for oper ating the offices of Lieutenant Governor and Speaker of the House of Representatives; for membership in the National Conference of Commissioners on Uniform State Laws; for membership in the Council of State Governments, the National Conference of State Legisla tures and the National Conference of Insurance Legislators and other legislative organiza tions, upon approval of the Legislative Services Committee; for membership in the Marine Fisheries Compact and other Compacts, upon approval of the Legislative Services Commit tee; for the maintenance, repair, construction, reconstruction, furnishing and refurbishing of space and other facilities for the Legislative Branch; provided, however, before the Legisla tive Services Committee authorizes the reconstruction or renovation of legislative office space, committee rooms, or staff support service areas in any State-owned building other than the State Capitol, the committee shall measure the need for said space as compared to space requirements for full-time state agencies and departments and shall, prior to approval of renovation or reconstruction of legislative office space, consider the most efficient and functional building designs used for office space and related activities; for the Legislative Services Committee, the Office of Legislative Counsel, the Office of Legislative Budget Ana lyst and for the Legislative Fiscal Office; for compiling, publishing and distributing the Acts of the General Assembly and the Journals of the Senate and the House of Representatives; for Code Revision; for equipment, supplies, furnishings, repairs, printing, services and other expenses of the Legislative Branch of Government; and for payments to Presidential Elec tors. The provisions of any other law to the contrary notwithstanding, such payments to Presidential Electors shall be paid from funds provided for the Legislative Branch of Gov ernment, and the payment and receipt of such allowances shall not be in violation of any law. The Legislative Services Committee shall seek to determine ways to effect economies in the expenditure of funds appropriated to the Legislative Branch of Government. The Com mittee is hereby authorized to promulgate rules and regulations relative to the expenditure of funds appropriated to the Legislative Branch which may include that no such funds may be expended without prior approval of the Committee. The Committee shall also make a detailed study of all items and programs for which payments are made from funds appropri ated to the Legislative Branch of Government with a view towards determining which are legitimate legislative expenses and which should be paid from other appropriations. Section 2. Department of Audits. Budget Unit: Department of Audits ................................ $15,005,504 Operations Budget: Personal Services................................................ $12,481,522 Regular Operating Expenses......................................... $394,333 Travel ............................................................ $527,149 Motor Vehicle Purchases............................................ $104,000 Equipment .......................................................... $9,486 Real Estate Rentals ................................................ $800,006 Per Diem, Fees and Contracts ........................................ $37,000 Computer Charges ................................................. $550,433 Telecommunications ................................................ $101,575 Total Funds Budgeted $15,005,504 State Funds Budgeted ........................................... $15,005,504 PART II. JUDICIAL BRANCH Section 3. Supreme Court. Budget Unit: Supreme Court ....................................... $4,453,544 Personal Services................................................. $4,005,302 Operating Expenses .............................................. $1,090,242 Total Funds Budgeted ............................................ $5,095,544 626 JOURNAL OF THE SENATE State Funds Budgeted .... Section 4. Court of Appeals. Budget Unit: Court of Appeals Personal Services............ Operating Expenses ......... Total Funds Budgeted ....... State Funds Budgeted ...... Section 5. Superior Courts. Budget Unit: Superior Courts Operation of the Courts ......... Prosecuting Attorneys' Council Sentence Review Panel .......... Council of Superior Court Judges Judicial Administrative Districts Habeas Corpus Clerk ............ Total Funds Budgeted State Funds Budgeted Section 6. Juvenile Courts. Budget Unit: Juvenile Courts ......................... Section 7. Institute of Continuing Judicial Education. Budget Unit: Institute of Continuing Judicial Education Institute's Operations............................... Georgia Magistrate Courts Training Council .......... Total Funds Budgeted .............................. State Funds Budgeted .............................. Section 8. Judicial Council. Budget Unit: Judicial Council......................... Council Operations ................................. Payments to Judicial Administrative Districts for Case Counting ................................... Board of Court Reporting ........................... Payment to Council of Magistrate Court Judges ...... Payment to Council of Probate Court Judges Payment to Council of State Court Judges Payment to Resource Center Payment to Computerized Information Network Total Funds Budgeted .............................. State Funds Budgeted Section 9. Judicial Qualifications Commission. Budget Unit: Judicial Qualifications Commission Section 10. Indigent Defense Council. Budget Unit: Indigent Defense Council PART III. EXECUTIVE BRANCH Section 11. Department of Administrative Services. A. Budget Unit: Department of Administrative Services Administration and Services Budget: Personal Services.................................. Regular Operating Expenses........................ Travel ........................................... $4,453,544 $5,458,995 $4,843,995 . $615,000 $5,458,995 $5,458,995 $41,659,778 $40,234,476 $1,616,148 . $153,679 . $120,027 $1,045,755 . . . . $15,000 $43,185,085 $41,659,778 $817,431 $592,000 $456,000 $136,000 $592,000 $592,000 $1,896,572 . $894,738 $76,500 $101,160 . . . $26,000 . . . $20,000 . . $12,000 . . $240,000 $663,101 $2,033,499 $1,896,572 . . . $123,179 $1,003,292 $30,529,224 $46,598,198 $11,709,854 . . . $278,371 WEDNESDAY, FEBRUARY 12, 1992 627 Motor Vehicle Purchases............................................ $111,000 Equipment ...................................................... $1,506,330 Computer Charges ............................................... $7,799,681 Real Estate Rentals .............................................. $3,694,231 Telecommunications .............................................. $1,687,807 Per Diem, Fees and Contract........................................ $441,800 Rents and Maintenance Expense ................................. $10,751,716 Utilities ............................................................ $38,550 Payments to DOAS Fiscal Administration .......................... $2,750,000 Direct Payments to Georgia Building Authority for Capital Outlay .................................................... $--0-- Direct Payments to Georgia Building Authority for Operations........................................................ $90,000 Telephone Billings .............................................. $41,921,344 Radio Billings ..................................................... $122,748 Materials for Resale ............................................. $16,500,000 Public Safety Officers Indemnity Fund $--0-- Health Planning Review Board Operations ............................ $33,840 Georgia Golf Hall of Fame Operations ................................ $--0-- Authorities Liability Reserve Fund $--0-- Grants to Counties .................................................. $--0-- Grants to Municipalities ............................................. $--0-- Total Funds Budgeted .......................................... $146,035,470 State Funds Budgeted ........................................... $30,529,224 Department of Administrative Services Functional Budgets Total Funds State Funds State Properties Commission $ 465,554 $ 465,554 Departmental Administration $ 2,459,919 $ 2,426,585 Treasury and Fiscal Administration $ 8,436,478 $ 5,686,478 Central Supply Administration $ 16,837,596 $ --0-- Procurement Administration $ 2,773,692 $ 2,773,692 General Services Administration $ 769,762 $ --0-- Space Management Administration $ 487,029 $ 487,029 Data Processing Services $ 45,977,414 $ 12,851,949 Motor Vehicle Services $ 3,639,429 $ --0-- Communication Services $ 52,679,830 $ 5,837,937 Printing Services $ 6,668,677 $ --0-- Surplus Property Services $ 1,686,350 $ --0-- Mail and Courier Services $ 1,160,875 $ -- 0-- Risk Management Services $ 1,992,865 $ --0-- Total $ 146,035,470 $ 30,529,224 B. Budget Unit: Georgia Building Authority $--0-- Georgia Building Authority Budget: Personal Services................................................ $19,992,285 Regular Operating Expenses....................................... $4,978,651 Travel ............................................................. $11,253 Motor Vehicle Purchases............................................ $215,000 Equipment ........................................................ $113,635 Computer Charges .................................................. $58,121 Real Estate Rentals ................................................. $17,704 628 JOURNAL OF THE SENATE Telecommunications ................................................ $121,010 Per Diem, Fees and Contracts ....................................... $151,880 Capital Outlay ...................................................... $--0-- Utilities ......................................................... $7,466,638 Contractual Expense ............................................... $235,030 Fuel ............................................................... $--0-- Facilities Renovations and Repairs .................................... $--0-- Total Funds Budgeted . $33,361,207 State Funds Budgeted ............................................... $--0-- Georgia Building Authority Functional Budgets Grounds Custodial Maintenance Security Van Pool Sales Administration Railroad Excursions Facility Renovations Total Total Funds $ --0-- $ --0-- $ --0-- $ --0-- $ --0-- $ --0-- $ --0-- $ --0-- $ --0-- $ --0-- State Funds $ 1,820,131 $ 5,072,831 $ 4,514,072 $ 5,075,055 $ 397,335 $ 5,416,374 $ 9,478,577 $ 1,586,832 $ --0-- $ 33,361,207 Section 12. Agency for the Removal of Hazardous Materials. Budget Unit: Agency for the Removal of Hazardous Materials $94,101 Operations Budget: Personal Services................................................. $3,591,369 Regular Operating Expenses....................................... $2,957,447 Travel ............................................................ $380,560 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 ............................................ $8,188,411 State Funds Budgeted ............................................... $94,101 Section 13. Department of Agriculture. A. Budget Unit: Department of Agriculture .......................... $31,564,595 State Operations Budget: Personal Services................................................ $28,558,625 Regular Operating Expenses $3,509,486 Travel ............................................................ $915,115 Motor Vehicle Purchases............................................ $483,197 Equipment ......................................................... $90,500 Computer Charges ................................................. $285,676 Real Estate Rentals ................................................ $731,153 Telecommunications ................................................ $366,401 Per Diem, Fees and Contracts ....................................... $167,211 Market Bulletin Postage ............................................ $700,000 Payments to Athens and Tifton Veterinary Laboratories ............. $2,331,253 WEDNESDAY, FEBRUARY 12, 1992 629 Poultry Veterinary Diagnostic Laboratories in Canton, Dalton, Douglas, Oakwood, and Statesboro ............................... $1,707,926 Veterinary Fees .................................................... $343,900 Indemnities........................................................ $115,000 Advertising Contract ............................................... $184,000 Payments to Georgia Agrirama Development Authority for Operations....................................................... $516,672 Renovation, Construction, Repairs and Maintenance Projects at Major and Minor Markets ........................................ $315,000 Capital Outlay ...................................................... $--0-- Contract--Federation of Southern Cooperatives ........................ $40,000 Tick Control Program ............................................... $40,000 Total Funds Budgeted $41,401,115 State Funds Budgeted ........................................... $31,564,595 Department of Agriculture Functional Budgets Total Funds State Funds Plant Industry $ 5,065,146 $ 4,734,396 Animal Industry Marketing $ 6,509,882 $ 6,254,882 $ 2,056,262 $ 2,009,262 General Field Forces Internal Administration Information and Education $ 3,396,057 $ 3,396,057 $ 2,334,185 $ 2,027,668 $ 1,524,859 $ 1,524,859 Fuel and Measures $ 2,917,128 $ 2,908,628 Consumer Protection Field Forces $ 6,441,556 $ 4,690,962 Meat Inspection $ 4,291,636 $ 1,604,872 Major Markets Seed Technology $ 4,148,349 $ $ 526,395 $ 519,349 --0-- Entomology and Pesticides Total $ 2,189,660 $ 1,893,660 $ 41,401,115 $ 31,564,595 B. Budget Unit: Georgia Agrirama Development Authority $--0-- Georgia Agrirama Development Authority Budget: Personal Services. .................................................. $740,746 Regular Operating Expenses......................................... $169,060 Travel .............................................................. $5,864 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $10,755 Computer Charges $500 Telecommunications $7,933 Per Diem, Fees and Contracts ........................................ $48,081 Capital Outlay ..................................................... $110,340 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 $6,836,248 Administration and Examination Budget: Personal Services................................................. $5,620,648 Regular Operating Expenses......................................... $285,026 Travel ............................................................ $287,873 Motor Vehicle Purchases............................................ $101,700 630 JOURNAL OF THE SENATE Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Section 15. Department of Community Affairs. Budget Unit: Department of Community Affairs ...... State Operations Budget: Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts ................................ Capital Felony Expenses ..................................... Contracts with Regional Development Commissions ... Local Assistance Grants ..................................... Appalachian Regional Commission Assessment ................. Community Development Block Grants (Federal) .............. Music Hall of Fame ................................ Georgia Music Week Promotion .............................. Local Development Fund .................................... Payment to State Housing Trust Fund ........................ Payment to Georgia Environmental Facilities Authority for Operations................................................ Total Funds Budgeted ....................................... State Funds Budgeted ....................................... Department of Community Affairs Functional Budgets Total Funds Executive and Administrative 10,097,881 Government Management 1,094,728 Financial Assistance 31,948,730 Government Information 1,171,573 Rural Development 472,027 Coordinated Planning 1,149,775 Total 45,934,714 Section 16. Department of Corrections. A. Budget Unit: Administration, Institutions and Probation Personal Services..................................... Regular Operating Expenses........................... Travel .............................................. Motor Vehicle Purchases.............................. Equipment .......................................... Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contracts ......................... . . . $25,334 . . $239,550 . . $216,893 . . . $54,724 . . . . $4,500 $6,836,248 $6,836,248 $13,281,243 $5,265,526 . . . $265,133 . . $147,850 .... $--0-- . . . . . $2,605 .... $80,275 . . $516,379 $51,850 .... $97,000 .... $--0-- . $2,272,825 $353,000 $107,016 $30,000,000 .... $--0-- .... $--0-- . . $750,000 $4,625,000 $1,218,255 $45,934,714 $13,281,243 State Funds 8,767,907 1,094,728 957,237 1,122,847 451,223 887,301 13,281,243 $440,339,212 $333,258,898 . $39,179,731 $1,363,230 . . $1,595,500 . $2,911,976 .. $3,178,252 . . $4,585,639 . . $3,672,412 . $2,478,136 WEDNESDAY, FEBRUARY 12, 1992 Capital Outlay ............................... Utilities ..................................... Court Costs.................................. County Subsidy .............................. County Subsidy for Jails ...................... Central Repair Fund ......................... Payments to Central State Hospital for Meals Payments to Central State Hospital for Utilities Payments to Public Safety for Meals........... Inmate Release Fund ......................... Health Services Purchases .................... Payments to MAG for Health Care Certification University of Georgia--Cooperative Extension Service Contracts .......................... Minor Construction Fund Total Funds Budgeted ........................ Indirect DOAS Funding Georgia Correctional Industries State Funds Budgeted Departmental Functional Budgets Total Funds Administration $ 51,820,601 Institutions and Support $ 307,931,736 Probation $ 93,362,603 Total $ 453,114,940 B. Budget Unit: Board of Pardons and Paroles Board of Pardons and Paroles Budget: Personal Services................................... Regular Operating Expenses Travel ............................................ Motor Vehicle Purchases............................ Equipment ........................................ Computer Charges Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts County Jail Subsidy ................................ Health Services Purchases ....................... Total Funds Budgeted .............................. State Funds Budgeted .............................. Section 17. Department of Defense. Budget Unit: Department of Defense .................. Operations Budget: Personal Services................................... Regular Operating Expenses Travel ............................................ Motor Vehicle Purchases............................ Equipment ........................................ Computer Charges ................................. Real Estate Rentals ................................ Telecommunications ................................ Per Diem, Fees and Contracts ....................... Grants to Locals--Emergency Management Assistance 631 ... $--0-- $12,562,648 ... $486,000 . $13,688,850 . . $4,300,000 .... $874,000 . $3,721,000 $1,297,891 . . $444,500 . . $1,600,000 $21,769,528 . $46,749 . . $100,000 ..... $--0-- $453,114,940 $450,000 ..... $-0$440,339,212 State Funds 50,951,472 306,605,432 82,782,308 440,339,212 . $34,653,740 $27,882,494 . . $1,178,187 .... $776,315 ..... $--0-- .... $150,753 ... $390,576 . . $2,347,294 . . . . $991,321 ... $303,000 . . . . $608,800 . . $25,000 $34,653,740 . $34,653,740 . . $4,785,100 . . $8,157,439 $4,258,955 ..... $73,307 ..... $--0-- ... $40,300 ..... $15,325 ...... $6,260 $153,473 . . . . $171,633 . $1,044,200 632 JOURNAL OF THE SENATE Grants--Others ..................................................... $55,000 Civil Air Patrol Contract............................................. $40,000 Capital Outlay ...................................................... $--0-- Repairs and Renovations............................................. $--0-- Disaster Relief Payments ............................................ $--0-- Total Funds Budgeted ........................................... $14,015,892 State Funds Budgeted ............................................ $4,785,100 Department of Defense Functional Budgets Office of the Adjutant General Georgia Emergency Management Agency Georgia Air National Guard Georgia Army National Guard Total Total Funds $ 1,264,786 $ 3,370,361 $ 3,347,283 $ 6,033,462 $ 14,015,892 State Funds $ 1,194,583 $ 943,976 $ 500,323 $ 2,146,218 $ 4,785,100 Section 18. State Board of Education--Department of Education. Budget Unit: Department of Education ........................... $2,774,342,032 Operations: Personal Services................................................ $37,982,400 Regular Operating Expenses....................................... $4,106,945 Travel .......................................................... $1,167,804 Motor Vehicle Purchase ............................................. $--0-- Equipment ........................................................ $434,002 Computer Charges ............................................... $3,792,309 Real Estate Rentals .............................................. $2,457,175 Telecommunications .............................................. $1,455,897 Per Diem, Fees and Contracts .................................... $13,149,856 Utilities ........................................................... $704,609 Capital Outlay ...................................................... $--0-- QBE Formula Grants: Kindergarten Grades 1 - 3 ...................................... $719,498,471 Grades 4 - 8 ................................................... $605,771,455 Grades 9 - 12 .................................................. $264,890,870 High School Laboratories ........................................ $87,474,254 Vocational Education Laboratories ................................ $89,287,647 Special Education .............................................. $215,255,751 Gifted.......................................................... $29,839,020 Remedial Education ............................................. $50,047,140 Staff Development and Professional Development .................. $23,585,190 Media.......................................................... $80,020,842 Indirect Cost .................................................. $628,365,328 Pupil Transportation ........................................... $120,050,951 Local Fair Share .............................................. $(571,187,569) Mid-Term Adjustment Reserve ................................... $55,953,952 QBE Grants Adjustment........................................ $(63,526,448) Other Categorical Grants: Equalization Formula........................................... $135,717,983 Sparsity Grants .................................................. $3,421,565 In School Suspension ............................................ $17,401,363 Special Instructional Assistance................................... $35,652,283 Middle School Incentive ......................................... $40,954,763 Special Education Low--Incidence Grants ............................ $303,161 Health Insurance Rate Adjustment ................................... $--0-- WEDNESDAY, FEBRUARY 12, 1992 633 Non-QBE Grants Education of Children of Low-Income Families .............. Retirement (H.B. 272 and H.B. 1321) ....................... Instructional Services for the Handicapped .................. Tuition for the Multi-Handicapped ......................... Severely Emotionally Disturbed ............................ School Lunch (Federal) .................................... School Lunch (State) ...................................... Supervision and Assessment of Students and Beginning Teachers and Performance-Based Certification Regional Education Service Agencies ........................ Georgia Learning Resources System High School Program ...................................... 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 .......................................... Nutrition Education Training .............................. Pre-Kindergarten Program ................................. Duty-Free Lunch.......................................... Total Funds Budgeted..................................... Indirect DOAS Services Funding ........................... State Funds Budgeted .......... Education Functional Budgets State Administration Instructional Programs Governor's Honors Program Administrative Services Special Services Professional Practices Commission Local Programs Georgia Academy for the Blind Georgia School for the Deaf Total Funds $ 4,410,611 $ 24,337,396 $ 1,303,421 $ 9,852,991 $ 9,457,347 $ 797,193 $ 3,116,671,017 $ 4,274,207 $ 6,301,632 $176,909,000 $3,500,000 . $23,722,237 . $2,125,000 . . $34,020,926 $113,396,789 . . $21,898,572 . . . . $1,775,000 $6,531,256 . . . . $2,330,289 $16,533,589 . . . . $3,715,103 . . . . $1,658,647 ...... $459,341 $3,084,680 . . . . $2,814,402 $9.930,519 . . . . $3,374,253 ...... $845,450 . . $3,741,862 . . . $16,787,825 $10,041,960 . . . $11,701,897 . $2,075,000 ...... $150,000 . $4,392,545 $11,828,795 ...... $100,000 $100,000 $3,715,615 $232,000 $44,979,052 $9,025,816 .... $365,625 ....... $30,000 ....... $--0-- ....... $--0-- $3,181,922,014 $340,000 . $2,774,342,032 State Funds 4,038,848 14,435,443 1,168,526 5,654,910 7,212,277 797,193 2,726,938,116 4,073,382 6,067,145 634 JOURNAL OF THE SENATE Atlanta Area School for the Deaf Total $ 4,516,199 $ 3,181,922,014 Section 19. Employees' Retirement System. Budget Unit: Employees' Retirement System Employees' Retirement System Budget: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Benefits to Retirees ...................................... Total Funds Budgeted .................................... State Funds Budgeted .................................... Section 20. Forestry Commission. Budget Unit: Forestry Commission State Operations Budget: Personal Services......................................... Regular Operating Expenses............................... Travel .................................................. Motor Vehicle Purchases.................................. Equipment .............................................. Computer Charges ....................................... Real Estate Rentals ...................................... Telecommunications ...................................... Per Diem, Fees and Contracts ............................. Contractual Research ..................................... Ware County Grant for Southern Forest World ............. Ware County Grant for Road Maintenance ................. Capital Outlay ........................................... Total Funds Budgeted .................................... State Funds Budgeted .................................... Forestry Commission Functional Budgets Total Funds Reforestation 2,353,252 Field Services 32,024,806 General Administration and Support Total 2,634,358 37,012,416 Section 21. Georgia Bureau of Investigation. Budget Unit: Georgia Bureau of Investigation Operations Budget: Personal Services ........................ Regular Operating Expenses .............. Travel .................................. Motor Vehicle Purchases Equipment .............................. Computer Charges ....................... Real Estate Rentals Telecommunications ...................... 3,956,192 2,774,342,032 ..... $--0-- . . $1,402,211 $194,364 ...... $14,350 ..... $--0-- $29,000 . . $302,000 $191,000 ...... $30,000 $864,500 ..... $--0-- . . $3,027,425 ...... $--0-- . $32,183,009 . $26,772,956 . $5,370,569 . . . . . $191,786 $1,000,000 $1,548,000 .... $183,827 ...... $43,670 $1,043,064 ... $620,211 ..... $73,333 ....... $5,000 ...... $60,000 .... $100,000 $37,012,416 $32,183,009 State Funds 874,852 28,873,799 2,434,358 32,183,009 $34,949,176 $26,671,867 $2,463,040 . . . $550,832 $565,374 . . . $543,383 $1,134,651 . $1,857,515 $1,397,255 WEDNESDAY, FEBRUARY 12, 1992 Per Diem, Fees and Contracts ............................... Evidence Purchased ........................................ Capital Outlay ............................................. Total Funds Budgeted ..................................... Total State Funds Budgeted Georgia Bureau of Investigation Functional Budgets Total Funds Administration $ 2,981,939 Drug Enforcement $ 8,908,102 Investigative $ 10,244,168 Georgia Crime Information Center $ 6,676,998 Forensic Sciences $ 7,628,945 Total $ 36,440,152 Section 22. Office of the Governor. Budget Unit: Office of the Governor Personal Services.......................................... Regular Operating Expenses Travel ................................................... Motor Vehicle Purchases................................... Equipment ............................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts .............................. Cost of Operations ........................................ Mansion Allowance ........................................ Governor's Emergency Fund ............................... Intern Stipends and Travel ................................ Art Grants of State Funds Art Grants of Non-State Funds ............................ Humanities Grant--State Funds ............................ Art Acquisitions--State Funds ............................. Children and Youth Grants ................................ Juvenile Justice Grants .................................... Payments to Hazardous Waste Management Authority ....... Georgia Crime Victims Assistance Program .................. Total Funds Budgeted ..................................... State Funds Budgeted ..................................... Office of the Governor Functional Budgets Total Funds Governor's Office 7,282,672 Office of Fair Employment Practices 808,955 Office of Planning and Budget 4,514,350 Council for the Arts 3,571,567 Office of Consumer Affairs 2,224,223 State Energy Office 34,318,200 Vocational Education Advisory Council 316,797 Office of Consumers' Utility Council 513,137 Criminal Justice Coordinating Council 672,704 635 . . . $796,431 $459,804 .... $--0-- $36,440,152 $34,949,176 State Funds 2,981,939 8,296,931 10,113,718 6,377,053 7,179,535 34,949,176 $22,591,683 $10,537,172 . $565,403 . $168,634 .... $--0-- . $51,070 . $466,131 $944,208 $210,593 $34,640,161 $2,715,392 . . . . $40,000 . $4,375,000 . $152,280 . $2,629,501 $321,301 ... $42,800 ..... $--0-- . . . . . $95,000 . $1,463,725 ..... $79,238 . . . . . $69,849 . $59,567,458 . $22,591,683 State Funds 7,282,672 699,185 4,514,350 3,054,389 2,224,223 311,086 115,043 513,137 322,538 636 JOURNAL OF THE SENATE Children and Youth Coordinating Council Human Relations Commission Governor's Commission on Drug Awareness and Prevention Professional Standards Commission Total 1,935,851 157,564 564,510 2,704,928 59,567,458 692,568 157,564 --0-- 2,704,928 22,591,683 Section 23. Department of Human Resources. A. Budget Unit: Departmental Operations 1. Georgia Administration and Support Budget: Personal Services............................................ Regular Operating Expenses Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Real Estate Rentals ......................................... Per Diem, Fees and Contracts Computer Charges .......................................... Telecommunications ......................................... Special Purpose Contracts Service Benefits for Children Purchase of Service contracts Institutional Repairs and Maintenance Postage .................................................... Payments to DMA-Community Care Total Funds Budgeted Indirect DOAS Services Funding ............................. State Funds Budgeted $533,561,913 $66,350,738 $3,189,828 $1,463,197 ... $842,772 $210,950 $5,888,337 . $4,072,862 $4,155,234 $1,426,831 $258,000 $13,954,848 $37,051,582 $89,155 $1,673,885 $11,953,772 $152,581,991 $638,300 $67,612,198 General Administration and Support Functional Budgets Commissioner's Office Budget Administration Community/Intergovernmental Affairs Special Projects Office of Children and Youth Planning Councils Community Services Block Grant Administrative Policy Administrative Support Service Facilities Management Administrative Appeals Regulatory Services--Program Direction and Support Child Care Licensing Health Care Facilities Regulation Fraud and Abuse Child Support Recovery Financial Services Dtal Funds State Funds H 714,296 $ 714,296 3 1,730,237 $ 1,730,237 3 540,896 $ 540,896 3 494,000 $ 494,000 3 13,954,848 $ 13,435,004 3 510,859 $ 154,604 3 8,973,051 $ -- 0-- 3 205,524 $ 205,524 3 13,268,588 $ 12,314,232 3 5,005,439 $ 3,546,568 3 1,796,365 $ 1,796,365 i 731,049 $ i 2,636,600 $ i 6,854,549 $ i 5,784,110 $ i 35,508,208 $ i 5,175,814 $ 721,049 2,636,600 1,873,997 761,678 3,773,429 4,975,814 WEDNESDAY, FEBRUARY 12, 1992 637 Auditing Services $ 1,910,539 1,910,539 Personnel Administration $ 1,837,669 1,837,669 Indirect Cost $ --0-- (6,775,794) Public Affairs $ 462,581 462,581 Aging Services $ 43,069,906 19,146,047 State Health Planning Agency $ 1,416,863 1,356,863 Total $ 152,581,991 2. Public Health Budget: Personal Services............................................ Regular Operating Expenses Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Real Estate Rentals ......................................... Per Diem, Fees and Contracts ................................ Computer Charges .......................................... Telecommunications ......................................... Crippled Children's Benefits Kidney Disease Benefits ..................................... Cancer Control Benefits ..................................... Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants ............................................. Family Planning Benefits Crippled Children's Clinics Special Purpose Contracts ................................... Purchase of Service Contracts ................................ Grant-In-Aid to Counties .................................... Postage .................................................... Grants for Regional Maternal and Infant Care Total Funds Budgeted ...... Indirect DOAS Services Funding State Funds Budgeted ....................................... 67,612,198 . $51,716,729 $65,294,432 . . $1,177,397 . . . . . $13,303 ..... $70,807 $1,223,225 . . $3,677,267 .... $588,143 .... $754,899 $7,600,000 ..... $77,000 $1,519,470 $625,000 ... $515,582 . . . . $640,000 .. $5,745,534 . $10,058,491 $69,252,006 . . . . $143,596 $819,394 $221,512,275 .... $549,718 $116,184,092 Public Health Functional Budgets otal Funds State Funds District Health Administration 10,587,486 $ 10,457,811 Newborn Follow-Up Care 950,709 $ 751,116 Dental Health 1,440,630 $ 1,230,455 Stroke and Heart Attack Prevention 1,952,437 $ 1,422,437 Sickle Cell, Vision and Hearing 3,353,989 $ 2,784,210 High-Risk Pregnant Women and Infants 2,336,995 $ 2,336,995 Sexually Transmitted Diseases 3,513,091 $ 291,521 Family Planning 9,633,570 $ 5,705,396 Malnutrition 63,961,360 $ -- 0-- Grant in Aid to Counties 54,421,872 $ 47,248,653 Children's Medical Services 12,267,111 $ 7,833,711 Emergency Health 2,914,377 $ 1,857,829 Primary Health Care 1,262,923 $ 1,157,028 Epidemiology 977,075 $ 741,483 Immunization 704,420 $ -- 0-- 638 JOURNAL OF THE SENATE Community Tuberculosis Control $ 2,409,401 Family Health Management $ 4,681,510 Infant and Child Health $ 3,411,390 Maternal Health--Perinatal $ 6,835,140 Chronic Disease $ 864,828 Diabetes $ 687,533 Cancer Control $ 2,604,460 Director's Office $ 917,295 Employees' Health $ 312,758 Health Program Management Vital Records $ 1,054,800 $ 1,747,900 Health Services Research Environmental Health $ 847,356 $ 1,034,857 Laboratory Services $ 5,384,618 Community Care $ 3,321,969 Community Health Management $ 480,448 Aids $ 6,144,548 Vaccines $ 8,493,419 Total 3. Rehabilitation Services Budget: Personal Services ................... Regular Operating Expenses Travel ............................. Motor Vehicle Purchases Equipment Real Estate Rentals ................. Per Diem, Fees and Contracts Computer Charges .................. Telecommunications ................. Case Services ....................... E.S.R.P. Case Services ............... Special Purpose Contracts ........... Purchase of Services Contracts ....... Institutional Repairs and Maintenance Utilities ............................ Postage ............................ Total Funds Budgeted ............... Indirect DOAS Services Funding State Funds Budgeted ............... $ 221,512,275 Rehabilitation Services Functional Budgets Total Funds District Field Services $ 36,443,979 Independent Living $ 548,166 Bobby Dodd Workshop $ 454,728 Sheltered Employment $ 1,590,464 Community Facilities $ 6,177,911 State Rehabilitation Facilities $ 7,124,113 $ 2,046,459 $ 3,084,515 $ 2,181,434 $ 494,276 $ 864,828 $ 687,533 $ 2,386,557 $ 720,070 $ 162,758 $ 927,719 $ 1,544,106 $ 624,538 $ 800,976 $ 5,264,618 $ 1,258,814 $ 391,811 $ 3,031,016 $ 5,893,419 $ 116,184,092 $64,159,665 ... $11,242,407 ...... $735,924 ......... $62,815 ........ $354,895 $3,375,732 ...... $4,800,825 $1,914,666 $1,374,338 ... $16,679,991 ......... $27,000 .... $696,834 ...... $7,417,996 ........ $234,000 ........ $872,224 ........ $510,068 $114,459,380 ......... $100,000 .... $19,999,933 State Funds $ 7,274,992 $ 347,185 $ 283,661 $ 754,908 $ 3,210,901 $ 1,424,821 WEDNESDAY, FEBRUARY 12, 1992 639 Diversified Industries of Georgia Program Direction and Support Grants Management Disability Adjudication Georgia Factory for the Blind Roosevelt Warm Springs Institute $ 720,630 $ 3,684,849 $ 684,280 $ 24,909,918 $ 11,284,001 $ 20,836,341 Total 4. Family and Children Services Budget: Personal Services. ..................... Regular Operating Expenses Travel ............................... Motor Vehicle Purchases Equipment ........................... Real Estate Rentals ................... Per Diem, Fees and Contracts Computer Charges .................... Telecommunications ................... Children's Trust Fund Cash Benefits ......................... Special Purpose Contracts Service Benefits for Children Purchase of Service Contracts Postage .............................. Grants to County DFACS--Operations Total Funds Budgeted ................. Indirect DOAS Services Funding State Funds Budgeted ................. $ 114,459,380 Family and Children Services Functional Budgets Director's Office Social Services Program Support Administrative Support Regional Administration Public Assistance Management Information Systems AFDC Payments SSI--Supplemental Benefits Refugee Programs Energy Benefits County DFACS Operations--Eligibility Total Funds $ 749,811 $ 2,684,815 $ 3,118,754 $ 5,079,817 $ 3,411,813 $ 4,018,052 $ 20,122,563 $ 428,595,508 $ 100 $ 1,908,666 $ 6,917,000 $ 98,585,087 County DFACS Operations--Social Services Food Stamp Issuance County DFACS Operations--Homemakers Services County DFACS Operations--Joint and Administration $ 69,285,513 $ 2,637,600 $ 7,102,572 $ 43,869,889 $ -- 0-- $ 1,089,111 $ 684,280 $ -- 0-- $ 699,099 $ 4,230,975 $ 19,999,933 . . . . $13,772,737 . . . . . $1,549,483 $338,633 ........ $--0-- ........ $72,355 ....... $246,861 . . . . . $4,453,589 . . . . $17,410,215 . . . . . $1,249,522 ....... $998,044 . . . $436,567,274 $3,509,760 $85,900,089 $1,960,051 ... $2,064,694 $223,365,158 $793,458,465 . . $2,339,882 $329,765,690 State Funds $ 749,811 $ 2,684,815 $ 2,954,167 $ 4,034,013 $ 3,411,813 $ 2,279,931 $ 8,344,029 $ 164,239,500 $ 100 $ -- 0-- $ -- 0-- $ 49,182,193 $ 21,261,789 $ -- 0-- $ 1,801,331 $ 21,250,915 640 JOURNAL OF THE SENATE County DFACS Operations--Employability Program $ 4,522,097 $ 1,733,531 Employability Benefits $ 7,002,811 $ 2,344,916 Legal Services $ 1,665,067 $ 1,309,379 Family Foster Care $ 32,665,918 $ 23,850,878 Institutional Foster Care $ 4,578,877 $ 3,728,905 Specialized Foster Care $ 1,089,523 $ 1,050,782 Adoption Supplement $ 5,353,680 $ 3,773,991 Day Care $ 36,084,555 $ 13,915,983 Home Management--Contracts $ 48,334 $ 48,334 Outreach--Contracts $ 228,334 $ 228,334 Special Projects $ 1,018,591 $ 996,233 Children's Trust Fund Commission $ 1,113,118 $ 1,113,118 Indirect Cost $ --0-- $ (6,523,101) Total $ 793,458,465 $ 329,765,690 Budget Unit Object Classes: Personal Services............................................... $195,999,869 Regular Operating Expenses...................................... $81,276,150 Travel ..............................................:........... $3,715,151 Motor Vehicle Purchases............................................ $918,890 Equipment ........................................................ $709.007 Real Estate Rentals ............................................. $10,734,155 Per Diem, Fees and Contracts .................................... $17,004,543 Computer Charges .............................................. $24,068,258 Telecommunications .............................................. $4,805,590 Crippled Children's Benefits....................................... $7,600,000 Kidney Disease Benefits ............................................. $77,000 Cancer Control Benefits .......................................... $1,519,470 Benefits for Medically Indigent High-Risk Pregnant Women and Their Infants .................................................... $625,000 Family Planning Benefits ........................................... $515,582 Case Services ................................................... $16,679,991 E.S.R.P. Case Services ............................................... $27,000 Crippled Children's Clinics .......................................... $640,000 Children's Trust Fund .............................................. $998,044 Cash Benefits .................................................. $436,567,274 Special Purpose Contract ........................................ $10,210,128 Service Benefits for Children ..................................... $99,854,937 Purchase of Service Contracts .................................... $56,488,120 Grant-In-Aid to Counties ........................................ $69,252,006 Institutional Repairs and Maintenance ............................... $323,155 Utilities ........................................................... $872,224 Postage ......................................................... $4,392,243 Payments to DMA--Community Care ............................. $11,953,772 Grants for Regional Maternal and Infant Care ........................ $819,394 Grants to County DFACS--Operations ........................... $223,365,158 B. Budget Unit: Community Mental Health/Mental Retardation Youth Services and Institutions ........................................ $471,747,144 Departmental Operations: Personal Services............................................... $386,719,513 Regular Operating Expenses...................................... $38,865,349 Travel .......................................................... $1,066,496 WEDNESDAY, FEBRUARY 12, 1992 641 Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts Utilities ................................................... Authority Lease Rentals Institutional Repairs and Maintenance Grants to County-Owned Detention Centers Substance Abuse Community Services Mental Retardation Community Services Mental Health Community Services.......................... Community Mental Health Center Services Special Purpose Contract ................................... Service Benefits for Children ................................ Purchase of Service Contracts ............................... Medicaid/Medicare Certification Contingency Total Funds Budgeted Indirect DOAS Services Funding State Funds Budgeted ...................................... . . . . $125,000 . . $1,387,977 . . $4,113,135 $1,211,440 $3,041,550 $6,555,123 . $13,677,134 .... $--0-- $1,635,606 $2,540,400 $40,707,896 $89,118,547 . $19,156,721 $57,280,811 . . . . $797,118 . $4,940,940 . . . . $349,164 $250,000 $673,539,920 $2,404,100 $471,747,144 Community Mental Health/Mental Retardation, Youth Services and Institutional Functional Budgets Southwestern State Hospital Brook Run Georgia Mental Health Institute Georgia Regional Hospital at Augusta Northwest Regional Hospital at Rome Georgia Regional Hospital at Atlanta Central State Hospital Georgia Regional Hospital at Savannah Gracewood State School and Hospital West Central Georgia Regional Hospital Outdoor Therapeutic Program Mental Health Community Assistance Mental Retardation Community Assistance Developmental Disabilities Grant Day Care Centers for Mentally Retarded Supportive Living Georgia State Foster Grandparents/ Senior Companion Program Project Rescue Drug Abuse Contracts Community Mental Health Center Services Project ARC Fetal Funds 39,154,692 30,511,688 30,993,420 23,677,003 29,024,089 29,547,015 128,858,430 24,454,213 45,075,414 22,875,852 3,259,974 9,448,486 4,571,229 719,329 68,145,382 18,823,239 700,622 479,632 1,100,019 57,280,811 372,125 State Funds $ 22,488,546 $ 10,904,505 $ 24,579,115 $ 20,250,215 $ 21,239,377 $ 20,314,526 $ 75,725,589 $ 19,544,249 $ 19,208,808 $ 17,871,277 $ 2,434,250 $ 9,272,178 $ 2,927,248 $ -- 0-- $ 40,409,382 $ 16,640,009 $ 673,747 $ 479,632 $ 1,100,019 $ 47,491,668 $ 372,125 642 JOURNAL OF THE SENATE Metro Drug Abuse Centers 1,393,073 Group Homes for Autistic Children Project Friendship Community Mental Retardation Staff 270,531 333,482 3,870,055 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 Purchases Services Runaway Investigation/Interstate Compact Assessment and Classification Youth Services Administration Medicaid/Medicare Certification Contingency Total $ 15,611,813 88,773 9,004,477 19,562,047 10,724,767 7,238,447 4,342,034 4,073,977 13,713,838 2,873,259 925,659 705,766 6,035,989 754,977 440,544 2,235,748 250,000 673,539,920 Section 24. Department of Industry and Trade. Budget Unit: Department of Industry and Trade State Operations Budget: Personal Services................................. Regular Operating Expenses....................... Travel .......................................... Motor Vehicle Purchases.......................... Equipment Computer Charges ............................... Real Estate Rentals .............................. Telecommunications .............................. Per Diem, Fees and Contracts ..................... Local Welcome Center Contracts Advertising and Cooperative Advertising Georgia Ports Authority--Authority Lease Rentals Historic Chattahoochee Commission Contract Georgia Council for International Visitors Waterway Development in Georgia Contract--Georgia Association of Broadcasters Southern Center for International Studies Lanier Regional Watershed Commission Capital Outlay ................................... Total Funds Budgeted ............................ 1,183,073 270,531 333,482 3,870,055 $ 15,611,813 $ 88,773 $ 4,883,095 $ 18,891,547 $ 10,358,308 $ 7,155,218 $ 3,724,904 $ 3,496,100 $ 13,731,838 $ 2,873,259 $ 925,659 $ 705,766 $ 6,035,98 $ 754,977 $ 440,544 $ 2,235,748 $ 250,000 $ 471,747,144 $15,351,128 . $7,425,096 $1,299,368 . $281,803 $26,000 $35,531 $110,278 $800,633 $208,796 $238,580 . $129,500 $4,380,667 $1,445,000 .... $--0-- ... $--0-- .... $--0-- .... $--0-- ... $--0-- .... $--0-- .... $--0-- $16,381,252 WEDNESDAY, FEBRUARY 12, 1992 643 State Funds Budgeted ....................................... Department of Industry and Trade Functional Budgets Total Funds Administration $ 4,072,462 Economic Development $ 5,032,097 Tourism $ 7,276,693 Total $ 16,381,252 Section 25. Department of Insurance. Budget Unit: Department of Insurance Operations Budget: Personal Services............................................ Regular Operating Expenses.................................. Travel ..................................................... Motor Vehicle Purchases..................................... Equipment ................................................. Computer Charges .......................................... Real Estate Rentals ......................................... Telecommunications ......................................... Per Diem, Fees and Contracts Health Care Utilization Review Total Funds Budgeted State Funds Budgeted Department of Insurance Functional Budgets Total Funds Internal Administration 2,349,565 Insurance Regulation 5,616,304 Industrial Loans Regulation 596,613 Fire Safety and Mobile Home Regulations 4,178,733 Total 12,741,215 Section 26. Department of Labor. Budget Unit: Department of Labor . . . . . State Operations: Personal Services.................... Regular Operating Expenses Travel ............................. Motor Vehicle Purchases............. Equipment ......................... Computer Charges Real Estate Rentals ................. Telecommunications Per Diem, Fees and Contracts (JTPA) Per Diem, Fees and Contracts ........ W.I.N. Grants ...................... Payments to State Treasury.......... Capital Outlay ...................... Total Funds Budgeted ............... State Funds Budgeted ............... . $15,351,128 State Funds 3,252,462 4,872,097 7,226,569 15,351,128 . $12,005,733 . $10,350,964 . . . . $583,301 . . . . $510,602 ..... $--0-- . . . . $105,546 . . . . $268,816 . . . . $520,761 . . . . $249,625 . . . . . $51,600 $100,000 . $12,741,215 $12.055,733 State Funds 2,349,565 5,486,304 596,613 3,573,251 12,005,733 . . $6,080,564 . $62,360,763 . . $5,481,591 . . $1,014,839 ..... $--0-- .... $468,869 . . $3,772,454 . . $1,259,182 . . $1,260,815 . $65,281,260 . . $2,827,168 ..... $--0-- . . $1,574,078 $3,000,000 $148,301,019 $6,080,564 644 JOURNAL OF THE SENATE Department of Labor Functional Budgets Total Funds Executive Offices 5,551,277 Administrative Services Employment and Training Services 18,571,047 124,178,695 Total 148,301,019 Section 27. Department of Law. Budget Unit: Department of Law Attorney General's Office Budget: Personal Services...................................... Regular Operating Expenses Travel ............................................... Motor Vehicle Purchases............................... Equipment ........................................... Computer Charges .................................... Real Estate Rentals ................................... Telecommunications ................................... Per Diem, Fees and Contracts .......................... Books for State Library ............................... Total Funds Budgeted State Funds Budgeted ................................. Section 28. Department of Medical Assistance. A. Budget Unit: Medicaid Services ........................ Departmental Operations Budget: Personal Services. ..................................... Regular Operating Expenses............................ Travel ............................................... Motor Vehicle Purchases............................... Equipment ........................................... Computer Charges .................................... Real Estate Rentals ................................... Telecommunications ................................... Per Diem, Fees and Contracts Medicaid Benefits, Penalties and Disallowances Payments to Counties for Mental Health ................ Audit Contracts ....................................... SFY 1991 Medicaid Benefits, Penalties and Disallowances Total Funds Budgeted ................................. State Funds Budgeted ................................. Medical Assistance Functional Budgets Total Funds Commissioner's Office $ 48,110,623 Benefits, Penalties and Disallowances $ 2,198,590,555 Community Services $ 1,137,869 Systems Management $ 20,432,886 Professional Services $ 1,626,361 Program Compliance $ 4,204,718 Institutional Policy and Reimbursement $ 8,176,335 Maternal and Child Health $ 423,500 Total $ 2,282,702,847 State Funds 1 633,870 1 2,903,798 I 2,542,896 I 6,080,564 . . $8,372,181 . . . . $7,592,961 ..... $367,147 ..... $111,057 ...... $-0-- ...... $11,205 $169,406 ..... $462,241 ...... $98,164 $60,000 ...... $110,000 $8,982,181 . . . $8,372,181 . $778,676,677 . $12,509,354 ...... $555,717 ....... $98,000 ....... $--0-- ....... $33,290 $18,381,115 ..... $935,973 ...... $431,058 $50,395,285 . $1,913,416,733 $39,140,013 ...... $772,500 . . $246,033,809 $2,282,702,847 . . $778,676,677 State Funds > 2,660,073 i 764,499,958 i 338,713 i 5,568,417 582,971 i 1,523,159 > 3,359,993 i 143,393 > 778,676,677 WEDNESDAY, FEBRUARY 12, 1992 B. Budget Unit: Indigent Trust Fund............... Indigent Trust Fund Budget: Per Diem, Fees and Contracts ............................. Benefits ................................................. Total Funds Budgeted .................................... State Funds Budgeted .................................... Section 29. Merit System of Personnel Administration. Budget Unit: Merit System of Personnel Administration ....... Departmental Operations Budget: Personal Services. ........................................ Regular Operating Expense Travel .................................................. Equipment .............................................. Real Estate Rentals ...................................... Per Diem, Fees and Contract Computer Charges ....................................... Telecommunications ...................................... Health Insurance Payments ............................... Total Funds Budgeted Other Agency Funds ..................................... Agency Assessments ...................................... Employee and Employer Contributions ..................... Deferred Compensation ................................... State Funds ............................................ Merit System Functional Budgets Total Funds Commissioner's Office Applicant Services $ 1,575,957 2,540,398 Classification and Compensation 1,157,755 Flexible Benefits 1,258,887 Employee Training and Development 1,261,930 Health Insurance Administration 25,819,672 Health Insurance Claims 682,855,136 Internal Administration 2,488,416 Total $ 718,958,151 Section 30. Department of Natural Resources. A. Budget Unit: Department of Natural Resources Operations Budget: Personal Services............................. Regular Operating Expenses................... Travel ...................................... Motor Vehicle Purchases...................... Equipment .................................. Real Estate Rentals .......................... Per Diem, Fees and Contracts ..... Computer Charges ........................... Telecommunications .......................... Authority Lease Rentals ...................... Advertising and Promotion.................... Cost of Material for Resale ................... 645 $95,607,241 . . . . $682,100 $249,257,433 $249,939,533 . $95,607,241 ..... $--0-- . . $8,000,752 . . $1,647,665 ... $84,509 ..... $53,553 $918,326 $92,025,948 . . $2,744,579 .... $299,927 $613,182,892 $718,958,151 $17,000 $9,267,537 $709,545,696 .... $127,918 ..... $--0-- $62,119,018 $58,231,700 $11,130,908 . . $405,734 . $1,857,013 $1,868,915 $1,816,335 . $1,016,553 . $620,982 $1,026,838 . . $227,000 . $150,000 $2,350,000 646 JOURNAL OF THE SENATE Capital Outlay: New Construction ............................................... $100,000 Repairs and Maintenance ....................................... $1,555,734 Land Acquisition Support......................................... $211,500 Wildlife Management Area Land Acquisition ....................... $530,000 Shop Stock--Parks ............................................... $300,000 User Fee Enhancements ........................................ $1,247,478 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 ........................................... $--0-- Historic Preservation ............................................. $239,112 Recreation ........................................................ $--0-- Contracts: Georgia Special Olympics ......................................... $179,117 Georgia Sports Hall of Fame ....................................... $--0-- Technical Assistance Contract ..................................... $108,687 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.................... $--0-- Payments to Georgia Agricultural Exposition Authority $1,998,560 Georgia Boxing commission .......................................... $5,000 Total Funds Budgeted ........................................... $89,005,990 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 ........................................... $62,119,018 Department of Natural Resources Functional Budgets Internal Administration Parks, Recreation and Historic Siittes Coastal Resources Game and Fish Environmental Protection Total Total Funds $ 6,740,172 $ 33,510,862 $ 1,702,395 $ 27,147,492 $ 19,905,069 $ 89,005,990 State Funds $ 4,202,037 $ 16,952,494 $ 1,611,772 $ 23,018,738 $ 16,333,977 $ 62,119,018 B. Budget Unit: Georgi ricultural Exposition Authority ....... ......... $--0-- Operations Budget: Personal Services . . ...... $1,336,328 Regular Operating Expenisses ................................. ...... $1,215,367 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 ............................... ....... $395,340 Capital Outlay ......... $--0-- Total Funds Budgeted ...... $3,111,735 State Funds Budgeted ......... $--0-- WEDNESDAY, FEBRUARY 12, 1992 647 Functional Budget Georgia Agricultural Exposition Authority Total Funds $ 3,111,735 Section 31. Department of Public Safety. A. Budget Unit: Department of Public Safety .......... 1. Operations Budget: Personal Services................................. Regular Operating Expenses........................ Travel ......... ................................. Motor Vehicle Purchases........................... Equipment ....................................... Computer Charges .............................. Real Estate Rentals ............................... Telecommunications Per Diem, Fees and Contracts State Patrol Posts Repairs and Maintenance Capital Outlay Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted ............................. 2. Driver Services Budget: Personal Services.................................. Regular Operating Expenses Travel ........................................... Motor Vehicle Purchases........................... Equipment ....................................... Computer Charges Real Estate Rentals Telecommunications ............................... Per Diem, Fees and Contracts Capital Outlay Conviction Reports ................................ Driver License Processing .......................... Total Funds Budgeted Indirect DOAS Service Funding State Funds Budgeted Administration Driver Services Field Operations Total Public Safety Functional Budgets Total Funds 10,950,637 24,025,132 44,971,791 79,947,560 B. Budget Unit: Units Attached for Administrative Purposes Only 1. Attached Units Budget: Personal Services........................................... Regular Operating Expenses Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ State Funds --0-- . $78,297,560 . $45,184,643 . $7,300,576 . . . $112.942 $2,010,000 ... $340,952 .... $--0-- . . . . . $40,501 . . . . $533,164 . . . . $194,650 . . . . $150,000 ..... $--0-- . $55,922,428 ... $150,000 . $55,772,428 . $15,876,109 $1,691,350 . . . . . $21,883 ..... $--0-- .... $78,497 . . $4,411,000 ..... $37,507 ... $576,836 .... $85,350 ..... $--0-- $265,000 . . $981,600 . $24,025,132 $1,500,000 . $22,525,132 State Funds 10,950,637 22,525,132 44,821,791 78,297,560 $12,619,085 . . $7,181,271 . . $2,287,929 .... $106,464 $26,460 .... $129,131 $416,291 . . . . . $95,366 648 JOURNAL OF THE SENATE Telecommunications .............. Per Diem, Fees and Contracts Peace Officers Training Grants ... Capital Outlay ................... Total Funds Budgeted State Funds Budgeted ............ :. Office of Highway Safety Budget: Personal Services................. Regular Operating Expenses Travel .......................... Motor Vehicle Purchases.......... Equipment ..................... Computer Charges Real Estate Rentals Telecommunications .............. Per Diem, Fees and Contracts Highway Safety Grants Total Funds Budgeted State Funds Budgeted Attached Units Functional Budgets Total Funds Office of Highway Safety 4,147,165 Georgia Peace Officers Standards and Training 4,514,353 Police Academy Fire Academy 1,112,315 1,179,642 Georgia Firefighters Standards and Training Council Organized Crime Prevention Council 414,436 --0-- Georgia Public Safety Training Facility Total 6,443,347 17,811,258 Section 32. Public School Employees' Retirement System. Budget Unit: Public School Employees' Retirement System Departmental Operations Budget: Payments to Employees' Retirement System ............. Employer Contributions ............................... Total Funds Budgeted ................................ State Funds Budgeted ................................ Section 33. Public Service Commission. Budget Unit: Public Service Commission ................. Departmental Operations Budget: Personal Services..................................... Regular Operating Expenses Travel .............................................. Motor Vehicle Purchases............................... Equipment .......................................... Computer Charges ................................... Real Estate Rentals .................................. Telecommunications .................................. Per Diem, Fees and Contract Total Funds Budgeted ................................ State Funds Budgeted ................................ . . $142,163 . . . $674,662 . $2,604,356 .... $--0-- $13,664,093 $12,322,096 . . . $438,615 $33,330 .... $11,328 .... $--0-- ...... $800 ... $45,874 .... $75,078 ..... $4,600 . . . . $37,540 $3,500,000 . $4,147,165 $296,989 State Funds 296,989 4,487,893 945,655 1,099,642 414,436 --0-- 5,374,470 12,619,085 . . $9,851,433 . . . . $441,433 $9,410,000 $9,851,433 $9,851,433 . $7,094,219 $5,929,690 $365,529 $180,334 $58,260 . . . . . $12,523 . . . $252,050 . . . . $294,458 . . . . $114,366 . . $1,288,115 . $8,495,325 $7,094,219 WEDNESDAY, FEBRUARY 12, 1992 649 Administration Transportation Utilities Total Public Service Commission Functional Budgets Total Funds $ 1,563,669 $ 2,972,727 $ 3,958,929 $ 8,495,325 State Funds $ 1,563,669 $ 1,683,606 $ 3,846,944 $ 7,094,219 Section 34. Board of Regents, University System of Georgia. A. Budget Unit: Resident Instruction ............................... $737,809,957 Resident Instruction Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $858,405,430 Sponsored Operations ........................................ $112,628,630 Operating Expenses: Educ., Gen., and Dept. Svcs. .................................. $192,410,753 Sponsored Operations ........................................ $125,986,366 Special Funding Initiative......................................... $5,625,000 Office of Minority Business Enterprise ............................... $298,647 Special Desegregation Programs ..................................... $324,345 Forestry Research .................................................. $284,292 Capital Outlay .................................................. $18,043,465 Total Funds Budgeted ......................................... $1,314,006,928 Departmental Income............................................ $31,702,402 Sponsored Income.............................................. $238,614,996 Other Funds ................................................... $302,852,273 Indirect DOAS Services funding ................................... $3,027,300 State Funds Budgeted .......................................... $737,809,957 B. Budget Unit: Regents Central Office and Other Organized Activities ............................................ $133,137,691 Regents Central Office and Other Organized Activities Budget: Personal Services: Educ., Gen., and Dept. Svcs. .................................. $212,901,856 Sponsored Operations ......................................... $69,540,893 Operating Expenses: Educ., Gen., and Dept. Svcs. .................................. $116,838,276 Sponsored Operations ......................................... $37,571,199 Fire Ant and Environmental Toxicology Research ...................... $51,750 Agricultural Research............................................. $1,848,086 Advanced Technology Development Center $1,394,187 Capitation Contracts for Family Practice Residency $2,635,415 Residency Capitation Grants ...................................... $2,439,285 Student Preceptorships ............................................. $149,391 Center for Rehabilitation Technology $1,520,635 SREB Payments ................................................. $7,887,825 Medical Scholarships ............................................. $1,014,026 Regents Opportunity Grants ........................................ $564,000 Regents Scholarships ............................................... $188,000 Rental Payments to Georgia Military College $781,416 CRT Inc. Contract at Georgia Tech Research Institute $231,300 Direct Payments to the Georgia Public Telecommunications Commission for Operations...................................... $6,105,655 Total Funds Budgeted .......................................... $463,663,195 Departmental Income................................................ $--0-- Sponsored Income.............................................. $111,220,021 650 JOURNAL OF THE SENATE Other Funds ............................ Indirect DOAS Services Funding State Funds Budgeted ................... . . . $218,749,783 ....... $555,700 . . $133,137,691 Regents Central Office and Other Organized Activities Functional Budgets Total Funds State Funds Marine Resources Extension Center Skidaway Institute of Oceanography $ 1,906,473 $ 1,369,685 $ 3,536,045 $ 1,350,517 Marine Institute $ 1,305,407 $ 854,684 Georgia Tech Research Institute $ 127,573,810 $ 11,750,474 Education Extension Services $ 7,161,086 $ 1,867,348 Agricultural Experiment Station $ 48,442,115 $ 31,581,603 Cooperative Extension Service $ 42,620,581 $ 25,984,769 Eugene Talmadge Memorial Hospital $ 193,755,430 $ 28,557,028 Veterinary Medicine Experiment Station $ 2,468,373 $ 2,468,373 Veterinary Medicine Teaching Hospital $ 2,303,303 $ 452,014 Joint Board of Family Practice Georgia Radiation Therapy Center $ 5,865,669 $ 5,865,669 $ 2,450,164 $ --0-- Athens and Tifton Veterinary Laboratories $ 3,049,212 Regents Central Office $ 21,225,527 21,035,527 Total $ 463,663,195 133,137,691 C. Budget Unit: Georgia Public Telecommunications Commission Public Telecommunications Commission Budget: Personal Services.......................................... Operating Expenses Total Funds Budgeted Other Funds .............................................. State Funds Budgeted . $6,774,124 . $7,168,653 $13,942,777 $13,942,777 ... $--0-- Section 35. Department of Revenue. Budget Unit: Department of Revenue Operations Budget: Personal Services.......................................... Regular Operating Expenses Travel ................................................... Motor Vehicle Purchases................................... Equipment ............................................... Computer Charges ........................................ Real Estate Rentals ....................................... Telecommunications ....................................... Per Diem, Fees and Contracts County Tax Officials/Retirement and FICA Grants to Counties/Appraisal Staff Motor Vehicle Tags and Decals Postage .................................................. Total Funds Budgeted ..................................... Indirect DOAS Services Funding State Funds Budgeted ..................................... $67,493,672 $45,637,470 . $4,361,943 . $1,245,050 .... $--0-- . . . $329,955 . $8,769,450 . $2,036,891 . . . $662,245 . . $267,625 . $2,327,000 .... $--0-- . $2,585,175 . $3,235,868 $71,458,672 . $3,845,000 $67,493,672 WEDNESDAY, FEBRUARY 12, 1992 651 Department of Revenue Functional Budgets Total Funds Departmental Administration $ 4,442,806 Internal Administration $ 9,789,482 Electronic Data Processing $ 5,828,654 Field Services $ 14,983,369 Income Tax Unit $ 7,923,596 Motor Vehicle Unit $ 14,863,087 Central Audit Unit $ 6,501,852 Property Tax Unit $ 3,000,473 Sales Tax Unit $ 4,078,501 State Board of Equalization $ 46,852 Total $ 71,458,672 Section 36. Secretary of State. Budget Unit: Secretary of State Personal Services ............................ Regular Operating Expenses Travel ..................................... Motor Vehicle Purchases ..................... Equipment ................................. Computer Charges .......................... Real Estate Rentals Telecommunications Per Diem, Fees and Contracts Election Expenses ........................... Total Funds Budgeted ....................... State Funds Budgeted Secretary of State Functional Budgets Total Funds Internal Administration $ 3,002,417 Archives and Records $ 4,403,854 Business Services and Regulation $ 3,896,947 Elections and Campaign Disclosure $ 1,274,666 Drugs and Narcotics $ 940,205 State Ethics Commission $ 179,931 Occupational Certification $ 7,770,337 Total $ 21,468,357 B. Budget Unit: Real Estate Commission Real Estate Commission Budget: Personal Services ........................... Regular Operating Expense Travel .................................... Motor Vehicle Purchases .................... Equipment ................................ Computer Charges ......................... Real Estate Rentals ........................ Telecommunications Per Diem, Fees and Contracts ............... State Funds $ 4,442,806 $ 9,589,482 $ 5,610,654 $ 14,683,369 $ 6,966,596 $ 13,231,087 $ 6,501,852 $ 2,799,473 $ 3,621,501 $ 46,852 $ 67,493,672 . . . . $20,968,357 . . . . $14,656,726 $1,950,296 ....... $174,350 ........ $---0-- ........ $26,761 ...... $858,111 . . . . . $2,282,731 ....... $200,095 ....... $719,287 $600,000 . . . . $21,468,357 . . . . $20,968,357 State Funds $ 2,862,417 $ 4,328,854 $ 3,801,947 $ 1,238,666 $ 886,205 $ 179,931 $ 7,670,337 $ 20,968,357 .... $1,821,667 ....... $994,487 . . . . . . $153,900 ........ $15,000 ........ $44,000 ........ $12,500 ....... $329,330 ....... $113,700 ........ $24,000 ....... $134,750 652 JOURNAL OF THE SENATE Total Funds Budgeted State Funds Budgeted . Real Estate Commission Functional Budget . $1,821,667 $1,821,667 Real Estate Commission State Funds $ 1,821,667 Cost of Operations 1,861,667 Section 37. Soil and Water Conservation Commission. Budget Unit: Soil and Water Conservation Commission ........... Soil and Water Conservation Budget: Personal Services. ............................................ Regular Operating Expenses................................... Travel ...................................................... Motor Vehicle Purchases...................................... Equipment .................................................. Computer Charges ........................................... Real Estate Rentals .......................................... Telecommunications .......................................... Per Diem, Fees and Contracts ................................. County Conservation Grants .................................. Total Funds Budgeted ........................................ State Funds Budgeted ........................................ $1,689,277 . . . $882,840 . $107,727 .... $56,975 $--0-- .... $12,557 $6,846 . $56,218 . $18,676 . . . $477,421 . $449,198 $2,068,458 $1,689,277 Section 38. Student Finance Commission. Budget Unit: Student Finance Commission ....................... Administration Budget: Personal Services............................................. Regular Operating Expenses................................... Travel ...................................................... Motor Vehicle Purchases...................................... Equipment .................................................. Computer Charges ........................................... Telecommunications .......................................... Per Diem, Fees and Contracts ................................. Real Estate Rentals .......................................... Payment of Interest and Fees ................................. Guaranteed Educational Loans ................................ Tuition Equalization Grants................................... Student Incentive Grants ..................................... Law Enforcement Personnel Dependents' Grants ................ North Georgia College ROTC Grants .......................... Osteopathic Medical Loans.................................... Georgia Military Scholarship Grants ........................... Paul Douglas Teacher Scholarship Loans ....................... Total Funds Budgeted State Funds Budgeted ........................................ Georgia Student Finance Commission Functional Budgets Total Funds Internal Administration 5,339,364 $ Higher Education Assistance Corporation 296,017 $ Georgia Student Finance Authority 23,548,917 $ Georgia Nonpublic Postsecondary Education Commission 503,826 $ $21,678,914 . $4,764,579 $401,011 . . . . $81,800 .... $--0-- ... $21,000 . . $371,000 . . $147,800 $38,000 .... $18,000 . . $296,017 $4,076,000 $13,590,142 . $4,728,461 ... $65,000 . $95,500 $162,000 . $462,030 . . $398,784 $29,688,124 $21,678,914 State Funds --0-- WEDNESDAY, FEBRUARY 12, 1992 653 Total $ 29,688,124 $ 21,678,914 Section 39. Teachers' Retirement System. Budget Unit: Teachers' Retirement System..................... Departmental Operations Budget Personal Services........................................... Regular Operating Expenses................................. Travel .................................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Cost-of-Living Increases for Local Retirement System Members Floor Fund for Local Retirement Systems .................... Total Funds Budgeted State Funds Budgeted $3,700,000 $3,191,881 . $319,860 . . . $26,650 $16,000 $1,078,000 $301,000 $113,978 $330,000 $3,000,000 . $700,000 $9,077,369 $3,700,000 Section 40. Department of Technical and Adult Education. Budget Unit: Department of Technical and Adult Education . Department of Technical and Adult Education Budget: Personal Services. .......................................... Regular Operating Expenses................................. Travel .................................................... Motor Vehicle Purchases.................................... Equipment ................................................ Computer Charges ......................................... Real Estate Rentals ........................................ Telecommunications ........................................ Per Diem, Fees and Contracts ............................... Personal Services--Institutions .............................. Operating Expenses--Institutions Capital Outlay ............................................. Quick Start Program ....................................... Area School Program ....................................... Regents Program ........................................... Adult Literacy Grants ...................................... Total Funds Budgeted State Funds Budgeted Functional Budgets Total Funds Administration 5,459,800 Institutional Programs 142,046,617 Total 147,506,417 $118,125,952 . . $3,580,603 .... $347,841 . . . . $104,750 ..... $--0-- . . . . . $13,000 . . . . $218,970 . . . . $495,110 ... $144,000 . . . . $555,526 $82,942,602 $18,525,922 ..... $--0-- . $5,908,912 $23,416,754 . . $2,612,148 $8,640,279 $147,506,417 $118,125,952 State Funds 3,722,446 114,403,506 118,125,952 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 ......................................... $416,735,996 $220,613,387 $60,139,571 . . $1,635,678 . . $500,000 . $4,356,489 . $4,538,721 . $1,355,827 654 JOURNAL OF THE SENATE Telecommunications .............................................. $2,007,701 Per Diem, Fees and Contracts ..................................... $9,707,746 Capital Outlay ................................................. $579,551,371 Capital Outlay--Airport Approach Aid and Operational Improvements . $925,335 Capital Outlay--Airport Development................................ $875,000 Mass Transit Grants ............................................. $8,141,520 Savannah Harbor Maintenance Payments ............................ $837,000 Spoilage Area Acquisition, Clearing, Preparation and Dike Reconstruction ............................................... $--0-- Total Funds Budgeted .......................................... $895,185,346 State Funds Budgeted .......................................... $416,735,996 Department of Transportation Functional Budgets Motor Fuel Tax Budget Total Funds State Funds Planning and Construction 625,933,089 $ 167,858,089 Maintenance and Betterments 225,118,721 $ 213,878,721 Facilities and Equipment 7,099,748 $ 6,499,748 Administration 22,187,157 $ 21,642,157 Total 880,338,715 $ 409,878,715 General Funds Budget Total Funds State Funds Paving at State and Local Schools and State Institutions Air Transportation Inter-Modal Transfer Facilities Harbor Maintenance Activities Maintenance and Betterments Total --0-- $ 1,271,530 $ 11,876,816 $ 837,000 $ 861,285 $ 14,846,631 $ -- 0-- 947,267 4,211,729 837,000 861,285 6,857,281 Section 42. Department of Veterans Service. Budget Unit: Department of Veterans Service ....................... $20,546,305 Departmental Operations Budget: Personal Services................................................. $4,314,318 Regular Operating Expenses......................................... $107,713 Travel ............................................................. $62,983 Motor Vehicle Purchases............................................. $--0-- Equipment ......................................................... $32,620 Computer Charges .................................................. $10,795 Real Estate Rentals ................................................ $231,872 Telecommunications ................................................. $53,760 Per Diem, Fees and Contracts ..................................... $23,100 Capital Outlay ...................................................... $--0-- Operating Expense/Payments to Central State Hospital $14,742,302 Operating Expense/Payments to Medical College of Georgia.......... $5,878,566 Regular Operating Expenses for Projects and Insurance................ $131,100 Total Funds Budgeted ........................................... $25,589,129 State Funds Budgeted ........................................... $20,546,305 Veterans Service Functional Budgets Total Funds State Funds Veterans Assistance $ 4,813,711 $ 4,598,682 Veterans Home and Nursing Facility--Milledgeville $ 14,872,852 $ 11,477,864 WEDNESDAY, FEBRUARY 12, 1992 655 Veterans Nursing Home--Augusta Total $ 5,902,566 $ 4,469,759 $ 25,589,129 $ 20,546,305 Section 43. Workers' Compensation Board. Budget Unit: Workers' Compensation Board.......................... $8,382,432 Operations Budget: Personal Services................................................. $6,437,513 Regular Operating Expenses $304,468 Travel .................................................. .......... $63,540 Motor Vehicle Purchases............................................. $--0-- Equipment .......................................................... $2,687 Computer Charges ................................................. $210,673 Real Estate Rentals ................................................ $984,835 Telecommunications ................................................ $101,250 Per Diem, Fees and Contracts ....................................... $116,315 Georgia Crime Victims Assistance Program ............................ $30,151 Payments to State Treasury......................................... $241,000 Total Funds Budgeted ............................................ $8,492,432 State Funds Budgeted ............................................ $8,382,432 Section 44. State of Georgia General Obligation Debt Sinking Fund. A. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (Issued) $246,163,218 Motor Fuel Tax Funds (Issued) .................................... $75,000,000 321,163,218 B. Budget Unit: State of Georgia General Obligation Debt Sinking Fund State General Funds (New) ........................................ $27,400,803 Motor Fuel Tax Funds (New) ....................................... $9,260,000 36,660,803 Section 45. State of Georgia Guaranteed Revenue Debt Common Reserve Fund. Budget Unit: State of Georgia Guaranteed Revenue Debt Common Reserve Fund (Issued) ......................................... $5,000,000 In addition to all other appropriations for State Fiscal Year 1992, there is appropriated the sum of $4,630,000 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 Author ity for loans to local governments for "sewerage facilities" and "water facilities" as defined 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 issue. Section 46. Provisions Relative to Section 3, Supreme Court. The appropriations in Section 3 (Supreme Court) of this Act are for the cost of operating the Supreme Court of the State of Georgia, including salaries and retirement contributions for Justices and the employees of the Court, including the cost of purchasing and distributing the reports (deci sions) of the appellate courts to Judges, District Attorneys, Clerks, and others as required by Code Section 50-18-31, and including Georgia's pro rata share for the operation of the National Center for State Courts. Section 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. 656 JOURNAL OF THE SENATE 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 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 Educa tion. The appropriations in Section 7 (Institute of Continuing Judicial Education) are for the cost of staffing and operating the Institute of Continuing Judicial Education and the Georgia Magistrate Courts Training Council created by Code Section 15-10-132. Section 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 develop a plan to centralize the mailing functions of state government and begin implemen tation 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 com mitted for youth programs and activities. Section 54. Provisions Relative to Section 15, Department of Community Affairs. Pro vided, that the funds appropriated herein to the Georgia Environmental Facilities Authority for loans shall be available for nominal or no interest loans to counties, municipalities, local water or sewer authorities, boards or political subdivisions created by the General Assembly or pursuant to the Constitution and laws of the state for emergency-type water and sewer projects. Section 55. 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. 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. Provided, that the Department shall require the same qualifications for contract chap lains as that for classified merit system positions with the same job duties. Section 56. 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 WEDNESDAY, FEBRUARY 12, 1992 657 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 projects shall be funded on a pro-rata basis. Extended year activities include summer school, farm/home projects, work-site development and supervision. Provided, that of the above appropriation relative to 13% incentive grants to local school systems for implementing middle grades programs, such grants shall be made to local school systems for only those schools containing grades seven and eight or grades six, seven and eight which provide a minimum of 85 minutes of common preparation time during the student instructional day to each interdisciplinary team of teachers responsible for instruc tion in language arts, mathematics, science and social studies, and which meet criteria and standards prescribed by the State Board of Education for middle school programs. Provided, that of the above appropriations relative to Regional Educational Service Agencies (RESAs), funds will be allocated to each RESA for SFY 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. It is the intent of this General Assembly that the services currently provided by the Regional Directors to local schools be continued by the Department of Education in any reorganization plan. The General Assembly intends to review the Department's reorganiza tion of regional services prior to and during the 1992 regular session. Section 57. Provisions Relative to Section 19, Employees Retirement System. The Employees Retirement System is authorized to increase the employer contribution rate by nine one-hundredths 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. 658 JOURNAL OF THE SENATE Section 58. Provisions Relative to Section 20, Forestry Commission. It is the intent of the General Assembly that the Walker Nursery remain open. Section 59. Provisions Relative to Section 22, Office of the Governor. The Governor's Office of Planning and Budget shall give prior approval for all publications, other than De partmental internal forms. Section 60. 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 Asst. Group 1 2 3 4 5 6 7 8 9 10 11 Standards of Need $ 235 $ 356 $ 424 $ 500 $ 573 $ 621 $ 672 $ 713 $ 751 $ 804 $ 860 Maximum Monthly Amount $ 155 $ 235 $ 280 $ 330 $ 378 $ 410 $ 444 $ 470 $ 496 $ 530 $ 568 It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA insti tution for fiscal year 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 increased funds for the PEACH program be distributed to those counties that have initiated the PEACH program with local funding, and to increase statewide participation from 7% to 11% of the AFDC population. It is the intent of this General Assembly that existing funds be used for the relocation of the DFACS offices in Coweta, Echols and Turner Counties. 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. WEDNESDAY, FEBRUARY 12, 1992 659 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 1990 is not appropriated at the level applied for, the De partment 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. It is the intent of this General Assembly that no funds directed to the Department of Veterans Services for payments to Central State Hospital shall be redirected or used by the Department of Human Resources for any function other than the Veterans Nursing Home at Central State Hospital. It is the intent of this General Assembly that the Department of Human Resources continue the Huntington Disease program through the assignment of existing personnel to the program. It is the intent of this General Assembly that all previously allocated Drug Block Grant funds for the Fetal Alcohol Program ($247,660) be used, along with the $24,458 state appro priations to continue the fetal alcohol program at its current level. Central State Hospital is authorized to transfer Personal Services surpluses, not to ex ceed $275,000, to Per Diem, Fees and Contracts to insure sufficient funding for agency con tracted nursing services. Such transfers shall not require prior budgetary approval. Section 61. Provisions Relative to Section 25, Department of Insurance. It is the in tent 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 46. This Plan shall include, but not be limited to, the development of utilization review standards, rules and regulations, fee schedule, and staffing levels. Upon completion of the Plan any remaining funds from the $100,000 herein appropriated may be used by the De partment of Insurance to implement the Plan. To the extent that funds are available from current appropriations, the Commissioner of Insurance is authorized to discharge, through current year expenditures, any obligation collectible from bankrupt domestic insurance companies which had accrued as of June 30, 1991, in the event such obligation is not recoverable from other sources. Section 62. 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 pursu ant to Article 6 of Chapter 8 of Title 31. The sum of money is appropriated for all of those purposes 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. Section 63. Provisions Relative to Section 29, Merit System of Personnel Administra tion. The Department is authorized to assess no more than $155.00 per merit system budg eted position for the cost of departmental operations. 660 JOURNAL OF THE SENATE Each agency and department head shall cause to be filed with the chairman and each member of the House and Senate Appropriations Committees at their legislative offices on the first day of each month beginning September 1, 1991, the name, position, race, and gender of each employee who is terminated or reassigned as a result of the reduction in funds and positions enacted by this Act and, in the case of reassignment, the position to which such employee was reassigned. If any officer or employee of any department, agency, or other institution of state gov ernment is separated from state employment as a result of the budgetary reductions pro vided for in this Act and such officer or employee therefore becomes entitled to an involun tary separation retirement or pension benefit, then no department, agency, or other institution of state government shall contract with such former officer or employee, directly or indirectly, for the rendering of personal services by or under the direction of such former officer or employee. Likewise, no department, agency or other institution shall contract for the rendering of personal services by any other entity, if the former officer or employee will play a substantial role in the contracting for or delivery of such personal services or will derive a substantial financial benefit from the contract. Employees whether in the classified service or are serving in an unclassified position who are so employed on the effective date of this Act and who are laid off as a result of budget reductions in this amendatory Act to the "General Appropriations Act" for State Fiscal Year 1991-1992 shall retain status in and will have the right to be reinstated to a position in the class in their competitive area for a period of two years from the date of separation. The reinstatement shall be in inverse order to the order of layoff. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement under this provision. The Office of Planning and Budget shall be authorized to grant exceptions to this provi sion when it determines the expertise needed is not otherwise available. It is the intent of this General Assembly that the employer contribution rate for the State Employees Health Benefit Plan for the months of March, April and May of SFY 1992 shall not exceed two and one-half percent (2.5%). It is the intent of this General Assembly that the employer contribution rate for the Teachers Health Benefit Plan for the months of April, May and June of SFY 1992 shall not exceed one-fourth of one percent (.25%). Section 64. 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. Provided that of the funds appropriated herein for Historic Preservation Grants, distri bution thereof shall be pro rata among those Regional Development Centers which employ Preservation Planners as of July, 1991. 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 Divi sion for the most critical needs of the Division. This provision shall not apply to revenues collected from a state parks parking pass implemented by the Department. Section 65. Provisions Relative to Section 31, Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accor dance with the Rules and Regulations issued by the Commissioner of Public Safety. Section 66. 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 WEDNESDAY, FEBRUARY 12, 1992 661 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. To reduce funding for Resident Instruction; the Board of Regents has flexibility in the application of reduced funding. However, the Governor recommends that teacher education and nursing programs be continued to the maximum extent possible as part of the Special Funding Initiative and that the Board of Regents begin the process of increasing fees for continuing education programs. Section 67. Provisions Relative to Section 36, Secretary of State. It is the intent of this General Assembly that the Secretary of State be given flexibility in making the position reductions recommended by the Governor. Provided, that of the funds appropriated for Oc cupational Certification, $60,000 is authorized for board member participation at confer ences related to professional regulation. Section 68. Provisions Relative to Section 40, Department of Technical and Adult Ed ucation. None of the State funds appropriated in Section 40 may be used for the purpose of planning, designing, constructing, or renovating an area vocational-technical school unless said school agrees to be governed by the State Board of Technical and Adult Education. 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 69. 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. 662 JOURNAL OF THE SENATE 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. 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 $494,138,715 of motor fuel tax appropriated in this act, $38,641,836 is designated and committed for the Local Assis tance Road Program. It is the express intent of this General Assembly, by this Act, that the use of motor fuel funds for the purpose of providing annual debt service on existing or new general obligation debt, for road purposes, issued by the State of Georgia, is for the sole and specific purpose of addressing the State's special need appropriation. It is the intent of this General Assembly that four-laned bridges be constructed accord ing to State specifications on State Road 87(U.S. 23) at Richland Creek, Scuffle Creek, Sav age Creek, Flat Creek and Dry Branch. Section 70. 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 departmental remittances to the Fiscal Division of the Department of Administrative Services from agency fund collections. Section 71. Each State agency utilizing xerographic reproducing equipment shall maintain a log for each unit of equipment indicating the date, number of copies and such other data determined to be appropriate to control the utilization of such equipment. Each State agency shall also implement procedures to control usage of long distance, GIST and credit card telephone calls, in order to mitigate the State's cost therefor. Section 72. 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. WEDNESDAY, FEBRUARY 12, 1992 663 Section 73. To the extent to which Federal funds become available in amounts in ex cess of those contemplated in this Appropriations Act, such excess Federal funds shall be applied as follows, whenever feasible: First, to supplant State funds which have been appropriated to supplant Federal funds, which such supplanted State funds shall thereupon be removed from the annual operating budgets; and Second, to further supplant State funds to the extent necessary to maintain the effec tive matching ratio experienced in the immediately preceding fiscal year, which such sup planted State funds shall thereupon be removed from the annual operating budgets. The Office of Planning and Budget shall utilize its budgetary and fiscal authority so as to accomplish the above stated intent to the greatest degree feasible. At the end of this fiscal year, said Office of Planning and Budget shall provide written notice to the members of Appropriations Committees of the Senate and House of Representatives of the instances 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 74. Each agency for which an appropriation is authorized herein shall main tain financial records in such a fashion as to enable the Sate Auditor to readily determine expenditures as contemplated in this Appropriations Act. Section 75. 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 76. No State appropriations authorized under this Act shall be used to con tinue programs currently funded entirely with Federal funds. Section 77. No State funds in this appropriation shall be paid to or on behalf of Geor gia Indigent Legal Services or its affiliates, nor shall any State facilities be made available for their use, including but not limited to the Georgia Interactive Statewide Telecommuni cations Network either directly or indirectly. Section 78. In accordance with the requirements of Article IX, Section VI, Paragraph la of the Constitution of the State of Georgia, as amended, there is hereby appropriated payable to each department, agency, or institution of the State sums sufficient to satisfy the payments required to be made in each year, under existing lease contracts between any department, agency, or institution of the State, and any authority created and activated at the time of the effective date of the aforesaid constitutional provision, as amended, or ap propriated for the State fiscal year addressed within this Act. If for any reason any of the sums herein provided under any other provision of this Act are insufficient to make the required payments in full, there shall be taken from other funds appropriated to the depart ment, agency or institution involved, an amount sufficient to satisfy such deficiency in full and the lease payment constitutes a first charge on all such appropriations. Section 79. (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, as amended by the Governor's budget recommendations as submitted to 664 JOURNAL OF THE SENATE the General Assembly at the 1991 extraordinary session and 1992 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 transferred for use in initiating or commencing any new program or activity not currently having an appropriation of State funds, nor which would require operating funds or capital outlay funds beyond the fiscal year to which this Appropriation Act applies; and provided, further, that no funds whatso ever shall be transferred between object classes without the prior approval of at least eleven members of the Fiscal Affairs Subcommittees in a meeting called to consider said transfers. This Section shall apply to all funds of each budget unit from whatever source derived. The State Auditor shall make an annual report to the Appropriation Committees of the Senate and House of Representatives of all instances revealed in his audit in which the expendi tures by object class of any department, bureau, board, commission, institution or other agency of this State are in violation of this Section or in violation of any amendments prop erly approved by the Director of the Budget. (b.) (1.) For purposes of this section, the term "common object classes" shall include only Personal Services, Regular Operating Expenses, Travel, Motor Vehicle Equipment Purchases, Postage, Equipment Purchases, Computer Charges, Real Estate Rentals and Telecommunications. (b.) (2.) For each Budget Unit's common object classes in this Act, the appropriations shall be as follows: Expenditures of no more than 102% of the stated amount for each com mon object class are authorized. However, the total expenditure for the group may not ex ceed the sum of the stated amounts for the separate object classes of the group. (b.) (3.) It is the further intent of the General Assembly that this principle shall be applied as well when common object class amounts are properly amended in the administra tion of the annual operating budget. Section 80. Wherever in this Act the terms "Budget Unit Object Classes" or "Com bined Object Classes For Section" are used, it shall mean that the object classification fol lowing such term shall apply to the total expenditures within the Budget Unit or combina tion of budget units within a designated section, respectively, and shall supersede the object classification shown in the Governor's Budget Report. For budget units within the Legislative Branch, all transfers shall require prior ap proval of at least eight members of the Legislative Services Committee in a meeting of such Committee, except that no approval shall be required for transfers within the Senate Func tional Budget or the House Functional Budget. Section 81. 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 82. 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 an nual 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), $324,563 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 $3,505,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. WEDNESDAY, FEBRUARY 12, 1992 665 Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $16,038,783 is specifically appropriated for the pur pose of financing educational facilities for county and independent school systems through the State Board of Education, through the issuance of not more than $173,205,000 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), $9,260,000 is specifically appropriated for the purpose of financing public road and bridge facilities for the Department of Transportation, 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 $100,000,000 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), $6,381,066 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 $68,910,000 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), $194,460 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,100,000 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), $186,589 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,015,000 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), $286,597 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,095,000 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), $258,354 is specifically appropriated for the purpose of financing facilities for the Department of Human Resources, by means of the acquisition, construction, development, extension, enlargement, and improvement of land, property, buildings, structures, equipment and facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,790,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. 666 JOURNAL OF THE SENATE Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $277,800 is specifically appropriated for the purpose of financing a connecting bridge appurtenant to George L. Smith II Georgia World Congress Center facilities for the Department of Transportation, 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,176,020 is specifically appropriated for the purpose of financing facilities for the Georgia Building Authority, 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 $12,700,000 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), $894,516 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 $9,660,000 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), $131,955 is specifically appropriated for the purpose of financing telecommunications equipment for the Board of Regents of the University Sys tem of Georgia, through the issuance of not more than $1,425,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Provided that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund (New), $1,250,100 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 $13,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred forty months. Section 83. TOTAL STATE FUND APPROPRIATIONS State Fiscal Year 1992 .......................................... $7,552,871,790 Section 84. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 85. All laws and parts of laws in conflict with this Act are repealed." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 47th moved that the Senate adopt the Conference Committee report on HB 1262. On the motion, a roll call was taken, and the vote was as follows: WEDNESDAY, FEBRUARY 12, 1992 667 Those voting in the affirmative were Senators: Baldwin Bowen Broun of 46th Brown of 26th Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Albert Burton Phillips Those not voting were Senators: Alien Bishop Moye (excused) Shumake Starr Walker of 43rd On the motion, the yeas were 47, nays 3; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1262. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 461. By Senator Kidd of the 25th: A bill to amend Part 1 of Article 9 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to general provisions concerning Georgia Military College, so as to change the provisions relating to the composition of the Board of Trustees of the Georgia Military College; to change the provisions relating to terms of board members. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd 668 JOURNAL OF THE SENATE Langford Marable - Newbill PPeerrdryue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson S0 cott Steinberg Tate Taylor Thompson Timmons Turner T,,ysm. ger Walker of 22nd Walker of 43rd White Those not voting were Senators: Moye (excused) Ray Shumake Starr On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 467. By Senator Kidd of the 25th: A bill to amend Code Section 10-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Securities Act of 1973," so as to change the definition of the term "investment adviser". The Senate Committee on Banking and Financial Institutions offered the following sub stitute to SB 467: A BILL To be entitled an Act to amend Code Section 10-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Securities Act of 1973," so as to change the definition of the term "investment adviser"; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-5-2 of the Official Code of Georgia Annotated, relating to definitions applicable to the "Georgia Securities Act of 1973," is amended by striking in its entirety paragraph (14) of subsection (a) and inserting in lieu thereof a new paragraph (14) to read as follows: "(14) 'Investment adviser' means any person who, for compensation, engages in the bus iness of advising others, either directly or through publications or writings, as to the value of securities or as to the advisability of investing in, purchasing, or selling securities or who, for compensation and as part of a regular business, issues or promulgates analyses or reports concerning securities. As used in this chapter, the term 'certified public accountant' means a certified public accountant or a firm thereof, registered pursuant to Chapter 3 of Title 43. 'Investment adviser' shall also include any person who holds himself out as a 'financial plan ner' or 'investment adviser' other than a certified public accountant. The term 'investment adviser' does not include a certified public accountant whose performance of investment advisory services is solely incidental to the practice of his profession or who does not accept or receive, directly or indirectly, any commission, payment, referral, or other form of remu neration as a result of the purchase or sale of a specific security by a client, does not recom mend the purchase or sale of specific securities, and does not have custody of client funds or securities for investment purposes. Unless they hold themselves out as such, the term 'in vestment adviser' does not include (i) an investment adviser representative; (ii) a lawyer, an engineer, or teacher whose performance of investment advisory services is solely incidental WEDNESDAY, FEBRUARY 12, 1992 669 to the practice of his profession; (iii) a securities dealer or his agent whose performance of these services is solely incidental to the conduct of his business as a securities dealer and who receives no special compensation for them; (iv) a publisher of any newspaper, news column, newsletter, news magazine, or business or financial publication or service, whether communicated in hard copy form, by electronic means, or otherwise, that does not consist of the rendering of advice on the basis of the specific situation of each client; (v) an attorney, except that if an attorney practices in the field of bankruptcy and initiates proceedings under Title 11 of the United States Code on behalf of an individual whose debts are primar ily consumer debts, as such terms are used and defined in 11 U-S.C. Sec. 342(b) and Sec. 101(7), such attorney shall be deemed an 'investment adviser'; or {v> (vi) such other persons not within the intent of this paragraph, as the commissioner may designate by rule or order. The term 'investment adviser" also does not include the following unless they are required to be registered as an investment adviser pursuant to the Investment Advisers Act of 1940, as amended, or rules, regulations, or interpretations thereunder: a bank; a bank holding com pany as defined in the Bank Holding Company Act of 1956, which is not an investment company; a savings institution; a credit union; or a trust company or any employees of such entities." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 25, nays 6, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Bowen Perry Timmons English Kidd Ragan of 32nd Taylor Those voting in the negative were Senators: Albert Alien Baldwin Bishop Broun of 46th Burton Clay Collins Dawkins Dean Edge Egan Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Newbill Those not voting were Senators: Deal Echols Foster Langford Moye (excused) Ray On the passage of the bill, the yeas were 13, nays 35. Walker of 22nd Walker of 43rd Perdue Pollard Ragan of 10th Ramsey Robinson 0 .. fecit Stemberg Tate Thompson Tysinger White Shumake Starr 670 JOURNAL OF THE SENATE The bill, having failed to receive the requisite constitutional majority, was lost. Senator Walker of the 43rd introduced the NAACP DeKalb Branch president, Ms. Pat Jones, and Southern Regional Director, Earl Shinholster, who briefly addressed the Senate. Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 12:41 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. THURSDAY, FEBRUARY 13, 1992 671 Senate Chamber, Atlanta, Georgia Thursday, February 13, 1992 Fourteenth 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 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. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1310. By Representative Birdsong of the 104th: A bill to amend an Act placing certain restrictions upon the placement and loca tion of refuse receptacles by certain counties, so as to change the population figures describing the counties affected; to provide that such provision shall re main applicable to Twiggs County. HB 1367. By Representatives Lee of the 72nd, Benefield of the 72nd, King of the 72nd, Chafin of the 72nd and Buckner of the 72nd: A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to modify the description of the education districts to reflect the 1990 census figures. HB 1578. By Representatives Groover of the 99th, Lucas of the 102nd, Pinkston of the 100th, Elliott of the 103rd and Randall of the 101st: A bill to approve the transfer of the intake and probation services of the Juvenile Court of Bibb County to the Department of Human Resources to become a part of the state-wide juvenile intake and probation services and fully funded through the department. HB 1581. By Representatives Clark of the 13th and Powell of the 13th: A bill to provide for homestead exemptions from Franklin County ad valorem taxes for county purposes and from Franklin County School District ad valorem taxes for educational purposes for certain residents of that county and school district. HB 1372. By Representatives Holmes of the 28th and Greene of the 130th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board. 672 JOURNAL OF THE SENATE The House has adopted the report of the Committee of Conference on the following bill of the House: HB 1262. By Representatives Murphy of the 18th, Coleman of the 118th, Walker of the 115th, Porter of the 119th, Jamieson of the 119th and others: A bill to amend an Act providing appropriations for the State Fiscal Year 19911992 known as the "General Appropriations Act," so as to change certain appro priations for the State Fiscal Year 1991-1992. The House has passed by the requisite constitutional majority the following bill of the House: HB 1565. By Representatives Murphy of the 18th, McKinney of the 35th, Lucas of the 102nd, Elliott of the 103rd, Edwards of the 112th and others: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide that certain per sons who accept a reportable campaign contribution during a legislative session shall report such contribution on the first day of the month following such contribution. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 679. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Ports Authority Act," so as to change provisions relating to the membership and quorum of the authority; to provide for terms of office; to pro vide for other related matters; to provide an effective date. Referred to Committee on Economic Development and Tourism. SB 680. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and Walker of the 22nd: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide for en forcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effec tive date. Referred to Committee on Youth, Aging and Human Ecology. SB 681. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others: A bill to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a long-term care fa cility, so as to provide for additional notices if a facility intends to cease to con tinue to participate in the Medicaid program; to provide for transfer planning and requirements related to transfers, discharges, and planning therefor; to pro vide an effective date. Referred to Committee on Youth, Aging and Human Ecology. SB 682. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act providing for a board of elections in certain counties and for other purposes relative thereto, as amended, so as to change the census and the population bracket of the counties to which the Act applies. Referred to Committee on Urban and County Affairs (General). THURSDAY, FEBRUARY 13, 1992 673 SB 683. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 15-12-23 of the Official Code of Georgia Annotated, relating to clerks of boards of jury commissioners and appointment of court per sonnel in certain counties, so as to change the census and population brackets relating to those counties in which the chief judge of the superior court shall have power to appoint a jury clerk and other personnel. Referred to Committee on Urban and County Affairs (General). SB 684. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to the authority for a county to conduct municipal elections, so as to change the provisions relating to population brackets and the United States de cennial census in order to provide for continued applicability of certain provi sions relating to the conduct of certain municipal elections and the payment of the costs related thereto. Referred to Committee on Urban and County Affairs (General). SB 685. By Senator Ragan of the 32nd. A bill to provide for a $10,000.00 homestead exemption from certain City of Smyrna ad valorem taxes for certain residents 62 years of age or older; to provide for related matters; to provide for a referendum; to repeal certain existing home stead exemptions; to provide for effective dates. Referred to Committee on Urban and County Affairs. SB 686. By Senators Garner of the 30th, Perdue of the 18th and Robinson of the 16th: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that no pamphlet, booklet, brochure, or other promotional or informational publication printed by any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or other similar location the name of any official of the executive branch. Referred to Committee on Governmental Operations. SB 687. By Senators Taylor of the 12th, Edge of the 28th, Walker of the 22nd and others: A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to medical attention provided under workers' com pensation, so as to revise provisions relative to the annual list of charges for med ical services published by the board; to provide for an annual list of charges for rehabilitation services. Referred to Committee on Insurance and Labor. SB 688. By Senators Perry of the 7th, Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties with respect to handicapped parking, so as to make it unlawful for any person other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued to park a vehicle in a handicapped parking place if the person for whom a handicapped parking permit or specially designated license plate for a disabled person is issued is not in the vehicle. Referred to Committee on Youth, Aging and Human Ecology. 674 JOURNAL OF THE SENATE SB 689. By Senator Foster of the 50th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to repeal certain provisions applicable to counties having a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census. Referred to Committee on Urban and County Affairs (General). SR 444. By Senators Perry of the 7th, Kidd of the 25th and Ray of the 19th: A resolution urging Congress and the Secretary of the Department of Veterans Affairs to oppose and prevent any attempt to allow nonveterans the use of veter ans' medical facilities. Referred to Committee on Defense and Veterans Affairs. SR 465. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others: A resolution creating the Senate Nursing Facility Reimbursement Study Committee. Referred to Committee on Rules. SR 466. By Senators Foster of the 50th and Hasty of the 51st: A resolution creating the Capital Outlay Task Force. Referred to Committee on Rules. The following bills of the House were read the first time and referred to committees: HB 1372. By Representatives Holmes of the 28th and Greene of the 130th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board. Referred to Committee on Governmental Operations. HB 1565. By Representatives Murphy of the 18th, McKinney of the 35th, Lucas of the 102nd and others: A bill to amend Article 2 of Chapter 4 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide that certain per sons who accept a reportable campaign contribution during a legislative session shall report such contribution on the first day of the month following such contribution. Referred to Committee on Governmental Operations. HB 1310. By Representative Birdsong of the 104th: A bill to amend an Act placing certain restrictions upon the placement and loca tion of refuse receptacles by certain counties, so as to change the population figures describing the counties affected; to provide that such provision shall re main applicable to Twiggs County. Referred to Committee on Urban and County Affairs (General). THURSDAY, FEBRUARY 13, 1992 675 HB 1367. By Representatives Lee of the 72nd, Benefield of the 72nd, King of the 72nd and others: A bill to amend an Act changing the composition of and manner of selection of the members of the Board of Education of Clayton County, so as to modify the description of the education districts to reflect the 1990 census figures. Referred to Committee on Urban and County Affairs. HB 1578. By Representatives Groover of the 99th, Lucas of the 102nd, Pinkston of the 100th and others: A bill to approve the transfer of the intake and probation services of the Juvenile Court of Bibb County to the Department of Human Resources to become a part of the state-wide juvenile intake and probation services and fully funded through the department. Referred to Committee on Urban and County Affairs. HB 1581. By Representatives Clark of the 13th and Powell of the 13th: A bill to provide for homestead exemptions from Franklin County ad valorem taxes for county purposes and from Franklin County School District ad valorem taxes for educational purposes for certain residents of that county and school district. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Ethics has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 527. Do pass. SB 458. Do pass. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 904. Do pass. HB 1272. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 415. Do pass by substitute. 676 JOURNAL OF THE SENATE SB 545. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 672. Do pass as amended. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 383. Do pass. SB 640. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 611. Do pass. SR 358. Do pass. SB 616. Do pass. SR 410. Do pass. SR 348. Do not pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 825. Do pass. HB 914. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendations: THURSDAY, FEBRUARY 13, 1992 677 SB 585. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 92. By Senators Tate of the 38th, Bishop of the 15th and Hill of the 4th: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to change the pro visions relating to eligibility for retirement allowances; to change the provisions relating to retirement allowances; to provide for an effective date and for auto matic repeal. SB 121. By Senator Ragan of the 10th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Teachers Retirement System of Georgia, so as to provide creditable service for certain graduate study; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal. SB 122. By Senator Ragan of the 10th: A bill to amend Code Section 47-17-44 of the Official Code of Georgia Annotated, relating to the payment of dues under the Peace Officers' Annuity and Benefit Fund, so as to change the provisions relating to time limits for the purchase of certain creditable service; to provide for other matters relative thereto; to provide conditions for an effective date and for automatic repeal. SB 464. By Senator Kidd of the 25th: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to repeal certain laws relative to recreation ad ministrators, leaders, specialists, and technicians and to regulate master thera peutic recreation specialists, therapeutic recreation specialists, therapeutic recre ation technicians, and other therapeutic recreation services offered by certain persons; to provide a short title. SB 515. By Senator Deal of the 49th: A bill to amend Code Section 9-13-142 of the Official Code of Georgia Annotated, relating to requirements for official organ or publications, so as to provide that no newspaper shall be declared the official organ of a county unless the newspaper has been published and mailed to subscribers in the county for two years. SB 537. By Senators Newbill of the 56th, Foster of the 50th, Deal of the 49th and others: A bill to amend Code Section 20-2-164 of the Official Code of Georgia Annotated, relating to the local fair share funds under the Quality Basic Education Program, so as to change the manner of calculating the local fair share of county and inde pendent school systems. SB 549. By Senator Scott of the 36th: A bill to amend Code Section 3-3-20 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages on Sundays, election days, and Christ mas Day, so as to change the provision relating to the sale of alcoholic beverages within 250 feet of a polling place to make such limitation apply only for con sumption on the premises. 678 JOURNAL OF THE SENATE SB 594. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 4 of Title 24 of the Official Code of Georgia Annotated, relating to proof in general, so as to provide for blood samples for DNA analysis upon conviction of certain sex offenses; to provide the procedures for the with drawal of blood samples; to provide the procedures for conducting DNA analysis of blood samples; to provide for a DNA data bank exchange system; to provide the penalties for any unauthorized uses of the DNA data bank and forensic samples. SB 602. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Chapter 19 of Title 31 of the Official Code of Georgia Annotated, relating to the control of rabies, so as to provide that procedures shall be in com pliance with the National Association of State Public Health Veterinarians; to repeal Code Section 31-19-6, relating to certificates of inoculation. SB 617. By Senator Ray of the 19th: 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 remove the requirement for notification of nonresidents of the receipt of returns by a tax commissioner; to remove the requirement that a tax commissioner appear before the county gov erning authority at least twice each year. SB 629. By Senators Pollard of the 24th, Robinson of the 16th, Walker of the 22nd and others: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to revise extensively the provisions of said chapter; to revise definitions, to provide for statutory construction; to pro vide for subrogation and liens relative thereto; to revise grounds for denial of workers' compensation benefits; to provide statutory presumptions relative to in juries due to intoxication; to provide for legislative intent. SB 631. By Senator Edge of the 28th: A bill to amend Code Section 13-10-21 of the Official Code of Georgia Annotated, relating to the authorization and procedure for the creation and maintenance of escrow accounts by state or political subdivisions, so as to provide that in lieu of the retained amounts provided for in Code Section 13-10-20, any department, agency, or instrumentality of the state or any political subdivision of the state shall insert a clause in the specifications of all contracts providing for an alter nate procedure for the maintenance of an escrow account. SB 656. By Senators Kidd of the 25th, Gillis of the 20th, English of the 21st and Ray of the 19th: A bill to amend Code Section 32-2-20 of the Official Code of Georgia Annotated, relating to the composition of the State Transportation Board, so as to provide for the removal of a member of the board for cause; to provide procedures; to provide for the filling of a vacancy on the board in any case where a member is removed for cause pursuant to the provisions of this Act; to provide for rules and regulations. SR 408. By Senators Hammill of the 3rd and Echols of the 6th: A resolution authorizing the conveyance of certain state owned real property lo cated in Glynn County, Georgia; to provide an effective date. THURSDAY, FEBRUARY 13, 1992 679 HB 761. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to change the definitions of certain terms used in Title 11; to change the provisions relating to an issuer's duty and privi lege to honor a draft or demand and the right to reimbursement; to revise Article 8, relating to investment securities. HB 1107. By Representative Greene of the 130th: A bill to amend Chapter 45 of Title 36 of the Official Code of Georgia Annotated, the "Georgia Municipal Training Act," so as to designate existing Code Section 36-45-1 through 36-45-9 as Article 1; to provide for training classes for clerks of the governing authority of any municipality; to change the composition of the Board of the Georgia Municipal Training Institute; to provide for establishment of training classes for city clerks by the Carl Vinson Institute of Government. HB 1193. By Representatives Reaves of the 147th, Selman of the 32nd, Royal of the 144th and others: A bill to amend Code Section 10-2-5 of the Official Code of Georgia Annotated, relating to the powers and duties of the Commissioner of Agriculture with re spect to weights and measures, so as to provide that the Commissioner shall es tablish, by regulation, a schedule of fees to cover the calibration of weighing and measuring devices, the registration of scale mechanics, the certifying of weights, and scale registration. HB 1195. By Representatives Reaves of the 147th, Hudson of the 117th, Carter of the 146th and others: A bill to amend Article 3 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to honeybees, so as to change the maximum compensation to be paid for destroyed honeybee colonies. HB 1197. By Representatives Reaves of the 147th, Buckner of the 72nd, Purcell of the 129th and others: A bill to amend Code Section 4-10-5 of the Official Code of Georgia Annotated, relating to licenses for bird dealers and the fees related thereto, so as to change the provisions relating to fees for such licenses. HB 1199. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th and others: A bill to amend Part 1 of Article 3 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to flue-cured leaf tobacco sales and storage, so as to change the license fees for auction sales of flue-cured leaf tobacco. HB 1203. By Representatives Twiggs of the 4th, Colwell of the 4th, and Dover of the llth: A bill to amend Article 1 of Chapter 21 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning dead bodies, so as to pro vide that with the exception of crematories licensed by the State Board of Fu neral Service and hospitals, or other facilities as authorized by the Department of Human Resources and in a manner approved by the commissioner of human re sources, it shall be unlawful for any person to incinerate or cremate a dead body or parts thereof. 680 JOURNAL OF THE SENATE HB 1232. By Representatives Jamieson of the llth, Jackson of the 9th, Bostick of the 138th and others: A bill to amend Code Section 50-20-7 of the Official Code of Georgia Annotated, relating to the applicability of certain laws to nonprofit contractors, so as to pro vide that such laws shall not apply to certain Resource Conservation and Devel opment Councils. HB 1350. By Representative Watson of the 114th: A bill to amend Chapter 23 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of landscape architects, so as to change the termination date of and to continue the Georgia Board of Landscape Architects and the laws relating to such board. HR 716. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia, to the City of Calhoun. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th urton jC~jo,l^h,.ns Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hm Hooks JHTouh, g6ng6sionns Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Steinberg T,,Taaytel,or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Alien Coleman Dawkins Langford Ray Scott Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Robinson of the 16th introduced the chaplain of the day, Reverend Cynthia Cox Garrard, pastor of Upatoi United Methodist Church, Upatoi, Georgia, who offered scripture reading and prayer. Senator Broun of the 46th introduced Dr. Paul Keller of Athens, Georgia, who was instrumental in establishing the Medical Aid Station in the Capitol to serve during the Leg islative Sessions. THURSDAY, FEBRUARY 13, 1992 681 Senator Kidd of the 25th moved that the following bill of the Senate be withdrawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations: SB 660. By Senators Kidd of the 25th and Foster of the 50th: A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provi sions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date. On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 660 was with drawn from the Senate Committee on Urban and County Affairs (General) and committed to the Senate Committee on Governmental Operations. The following resolutions of the Senate were read and adopted: SR 464. By Senator Phillips of the 9th: A resolution in memory of James Andrew "Andy" Whitley. SR 467. By Senator Egan of the 40th: A resolution recognizing the 30th anniversary of the Center for the Visually Impaired. SR 468. By Senators Tate of the 38th, Scott of the 36th, Egan of the 40th and Steinberg of the 42nd: A resolution recognizing the Atlanta Project. Senator Turner of the 8th introduced Carolyn Grant, who, having been commended by SR 430, adopted previously, as the recipient of the 1991 Georgia Occupational Award of Leadership (GOAL), briefly addressed the Senate. SENATE CALENDAR Thursday, February 13, 1992 FOURTEENTH LEGISLATIVE DAY SB 518 Courts--judicial branch personnel continuing judicial education fee (Substitute) (Judy--29th) SB 590 Governor's Development Council--composition (U&CA G--45th) HB 354 Lookout Mountain Judicial Circuit Superior Courts--provide fourth judge (Sub stitute) (Judy--53rd) SB 493 Public Safety Commissioner--rules for equipment use (Pub S--54th) SB 505 Special Vehicle License Plates--veterans (Substitute) (Pub S--46th) SB 521 Agricultural Liming Materials--regulate sale, distribution (Substitute) (Ag--21st) SB 550 Speed Radar--certain highway grades, hills (Pub S--36th) SB 553 Constitutional County Officers--salaries, cost-of-living (Substitute) (Gov Op--25th) SB 578 Write-in Candidates--person to whom notice of intention given (Gov Op--28th) SB 592 Drugs Within Certain Distance of Park, Community Center--unlawful (Substi tute) (S Judy--45th) SB 593 Controlled Substances--unlawful to hire those under 17 years old to distribute (Amendment) (S Judy--45th) 682 JOURNAL OF THE SENATE SB 596 Driver's License Reinstatement--conditions after second DUI (S Judy--28th) SB 601 Birth Certificates--adoptees from outside state (H&HS--22nd) SB 603 Model Basic Health Insurance Plan--visits per year for treatment (H&HS--22nd) SB 609 Hazardous Material--safety devices on gas, diesel fuel pump (Nat R--32nd) SB 613 Real Estate Appraiser Licensing, Certification Act--revise (Gov Op--25th) SB 618 Governor's Ground-Water Advisory Council--create (Nat R--10th) SR 416 Arbor Day--recognize historical significance of 101st anniversary (Nat R--20th) SR 426 Bankruptcy Filings--process, adjudicate in certain manner (Substitute) (Gov Op--25th) HB 235 Political Subdivision--appointments to fill office vacancies (Gov Op--34th) HB 1121 Motor Vehicle Convictions--electronic reporting to Public Safety (Pub S--17th) The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 518. By Senators Baldwin of the 29th, Broun of the 46th, Deal of the 49th, Johnson of the 47th and Edge of the 28th: A bill to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide for the imposition of a judicial branch personnel continuing judicial education fee on all civil filings in all mu nicipal, probate, magistrate, state, and superior courts; to provide for legislative intent; to provide for exemptions. The Senate Committee on Judiciary offered the following substitute to SB 518: A BILL To be entitled an Act to amend Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, so as to provide for the imposition of a judicial branch personnel continuing judicial education fee on all civil filings in all municipal, pro bate, magistrate, state, and superior courts; to provide for legislative intent; to provide that the fees collected shall be paid over to the commissioner of revenue; to provide that the commissioner shall make a report and accounting of the funds collected; to provide that failure to remit such sums shall be a misdemeanor; to provide for practices and procedures regarding the fees; to provide for exemptions; to provide for related matters; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 1 of Title 15 of the Official Code of Georgia Annotated, relating to courts in general, is amended by adding a new Code section to read as follows: "15-1-11.1. (a) It is the intent of the General Assembly that the sums collected pursuant to this Code section shall be used to provide funding for the continuing judicial education and training of judicial branch personnel. (b) Upon filing any civil action in any municipal, probate, magistrate, state or superior court, the plaintiff shall pay an additional fee of $2.00. All sums collected pursuant to this subsection by the court officer charged with the duty of collecting filing fees shall be paid to the commissioner 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 subsection 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. Any person THURSDAY, FEBRUARY 13, 1992 683 whose duty it is to collect and remit the sums provided for in this Code section who fails or refuses to remit such sums by the date required shall be guilty of a misdemeanor. (c) The proceeds of this fee: (1) Shall pay for the personnel and operating expenses of the Institute of Continuing Judicial Education of Georgia of the University of Georgia School of Law connected with the design, development, and delivery of judicial education and training mandated by stat ute or uniform rule of the court; (2) Shall pay for the educational travel expenses of participation in such training by superior court clerks, superior court judges, state court clerks, state court judges, juvenile court clerks, juvenile court judges, probate court clerks, probate court judges, magistrate court clerks, magistrate court judges; or (3) May cover similar education and training offered under the auspices of the institute to court employees or volunteers working under the supervision of the officials listed in paragraph (2) of this subsection, as well as pay the costs associated with such training. Pri ority in access to judicial education and training resources shall be given to those officials operating under a mandatory regimen of activity. Parity of treatment regarding resource allocation for product design, development, and delivery, as well as participant travel ex pense reimbursement, shall be accorded by the institute in a reasonable manner on behalf of all the constituent groups served with judicial education and training services. (d) Except as otherwise provided by law, all state and local governmental agencies shall be exempt from paying this fee on their court filings." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Garner Gillis Harris Hasty Henson Hm Ruggins urton ColLs Dawkins Dean Echols Edge Egan English Foster Johnson Kidd Langford Marable Move Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott gtarr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Deal Hammill Hooks Ray Shumake Steinberg 684 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Walker of the 22nd introduced the doctor of the day, Dr. Mack A. Bowman, of Augusta, Georgia. The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 590. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Article 6 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, relating to planning and development, so as to change the composi tion of the Governor's Development Council; to modify the powers and duties of such council; to assign the council to the Department of Community Affairs for administrative purposes; to provide for technical support to the council; to pro vide for related matters; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Bp.urton Coleman Collins Dawkins Deaj Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hm THIook, s " u^ ins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott 0St, arr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Hammill Ray Shumake 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. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. THURSDAY, FEBRUARY 13, 1992 685 HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge. Senate Sponsor: Senator Huggins of the 53rd. The Senate Committee on Judiciary offered the following substitute to HB 354: 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 provide for a fourth judge of the superior courts of the Lookout Mountain Judicial Circuit of Georgia; to provide for the initial appointment, election, and term of office of said judge; to provide for the powers, duties, jurisdiction, and compensation of said judge; to provide for the division and allocation of work and duties; to provide for facilities and equipment; to provide for an additional court reporter; to provide for the impaneling of jurors; to provide for related matters; to provide for 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 (22) which reads as follows: "(22) Lookout Mountain Circuit.............................................. 3", and inserting in lieu thereof a new paragraph (22) to read as follows: "(22) Lookout Mountain Circuit.............................................. 4" Section 2. The additional judge of the superior courts for the Lookout Mountain Judi cial Circuit of Georgia shall be appointed by the Governor for a term beginning April 1, 1992, and expiring December 31, 1992, and upon the election and qualification of a succes sor. 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 Lookout Mountain Judi cial 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 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 Lookout Mountain Judicial Circuit of Georgia. Any provisions heretofore or hereafter enacted for supplement by the county of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act. 686 JOURNAL OF THE SENATE Section 5. All writs and processes in the superior courts of the Lookout Mountain Judi cial Circuit of Georgia shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law. Section 6. The governing authority of the counties comprising the Lookout Mountain Judicial Circuit of Georgia are authorized and empowered to provide a suitable courtroom, jury room, and chambers for the additional judge of the Lookout Mountain Judicial Circuit of Georgia created herein as may be necessary upon the recommendation of said judge. Section 7. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Lookout Mountain Judicial Circuit of Georgia may bear teste in the name of any judge of said Lookout Mountain Judicial Circuit of Georgia, and when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 8. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of disagreement among said judges in respect thereof, the decision of the judge who is senior in point of service shall be controlling. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall have, and are clothed with, full power, authority, and discretion to determine, from time to time and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term to one or more said judges, and the hearing of all other matters in requiring a trial by a jury to the other judge or judges, and they may alternate such order of business at the next term. Any of said judges may conduct trials by jury at the same time within said circuit, or one or more of them may hear cham bers business and motion business at the same time within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determination of all the business of said courts at any time pending and ready for trial or hearing in all such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law. Where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in point of service shall control. Section 9. 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 any of said judges separately, or before each of them at the same time. Section 10. The four judges of the superior courts of the Lookout Mountain Judicial Circuit of Georgia shall be authorized and empowered to appoint an additional court re porter for such circuit, whose compensation shall be as now or hereafter provided by law. Section 11. For purposes of making the initial appointment of the fourth judge to fill the fourth judgeship created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall become effective April 1, 1992. Section 12. All laws and parts of law in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, FEBRUARY 13, 1992 687 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Coleman Deal (presiding) Hammill Ray Shumake Steinberg Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 493. 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 authorize the commissioner to adopt rules and regulations for the use of departmental equipment by uni formed personnel. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson 688 JOURNAL OF THE SENATE Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal (presiding) Hammill Langford Ray 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. SB 505. By Senators Broun of the 46th, Bowen of the 13th, Foster of the 50th 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 license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm; to provide for pro cedures and qualifications for the issuance of such license plates; to provide for fees. The Senate Committee on Public Safety offered the following substitute to SB 505: A BILL To be entitled an Act to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates for certain persons and vehicles, so as to provide for special license plates for veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, and Operation Desert Storm; to provide for procedures and qualifications for the issuance of such license plates; to provide for fees; to provide for transfer of such plates; 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 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige license plates and special license plates for certain persons and vehicles, is amended by striking Code Section 40-2-85.1, relating to special and distinctive license plates for retired veterans, in its entirety and inserting in lieu thereof a new Code Section 40-2-85.1 to read as follows: "40-2-85.1. (a) Motor vehicle owners who are retired veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm shall be eligible to receive special and distinctive vehicle license plates for private passenger cars, trucks, or recreational vehicles used for personal transportation, provided that the requisite number of applications are received by the com missioner as provided in subsection (b) of this Code section. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. (b) A retired veteran who qualifies for the special and distinctive license plate pursuant to subsection (a) of this Code section shall make application therefor with the commissioner and include the requisite fee. The commissioner shall retain all applications received for such special and distinctive license plates until a minimum of 250 applications have been received. After receipt of 250 applications for such a distinctive license plate, the commis sioner shall design a distinctive license plate as provided in subsection (c) of this Code sec tion and issue the distinctive license plates to present and future qualifying applicants. If the commissioner does not receive the required minimum 250 applications by July 31 of the year preceding the year of issuance of such plates, the commissioner shall not accept any THURSDAY, FEBRUARY 13, 1992 689 applications for nor issue such distinctive license plates, and all fees shall be refunded to applicants. The commissioner shall promulgate such rules and regulations as may be neces sary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these license plates in lieu of the regular Georgia license plates. The manufacturing fee for such special and distinctive license plates shall be $40.00. The commissioner is specifically authorized to promulgate all rules and reg ulations necessary to ensure compliance in instances where such vehicles have been trans ferred or sold. Except as provided in subsection (d) of this Code section, such plates shall be nontransferable. (c) The special and distinctive vehicle license plates shall be as prescribed in Article 2 of this chapter for private passenger cars or trucks used for personal transportation. Addi tional Such plates shall be printed in red, white, and blue and shall contain such words or symbols, in addition to the numbers and letters prescribed by law, ahall be inacribcd upon such license platca so as to identify distinctively the owners as feted veterans of the armed forces of the United States who served in World War I, World War II, the Korean War, the Vietnam War, or Operation Desert Storm. (d) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as such a retired veteran, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the retired veteran acquire another motor vehi cle, the license plate issued pursuant to this Code section may be transferred between vehi cles as provided in Code Section 40-2-80. (e) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal shall be affixed and displayed on license plates issued under this Code section." Section 2. 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 690 JOURNAL OF THE SENATE Those not voting were Senators: Deal (presiding) Hammill Moye Ray Shumake 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 general bill of the Senate, having been read the third time on February 3 and committed to the Senate Committee on Agriculture, and favorably reported by the committee, was put upon its passage: SB 521. By Senator English of the 21st: A bill to amend Chapter 12 of the Title 2 of the Official Code of Georgia Anno tated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to prohibit certain acts or practices and provide for penalties. The Senate Committee on Agriculture offered the following substitute to SB 521: A BILL To be entitled an Act to amend Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, so as to revise, modernize, and supersede the law relating to liming materials; to provide for a short title; to provide for definitions; to regulate the sale and distribution of agricultural liming materials in this state; to provide for administration; to provide for licenses and the procedures, time limits, fees and other matters relating to the issuance, expiration, renewal, and revocation thereof; to provide for the registration of agricultural liming materials and products and the procedure, time limits, fees, and other matters relating to such registration and cancellation thereof; to provide for notices and hearings; to provide for exemptions; to provide for tonnage reports; to provide for labeling requirements for agricultural liming materials; to prohibit certain acts or practices and provide for penalties; to provide for sam ples and inspections; to prohibit the sale or offering for sale of certain agricultural liming materials; to provide for rules and regulations; to provide for prosecution of violations; to provide for other matters relating to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 2 of the Official Code of Georgia Annotated, relating to commercial fertilizers, liming materials, and soil amendments, is amended by striking Arti cle 2, known as the "Georgia Liming Materials Act of 1976," which reads as follows: "ARTICLE 2 2-12-40. This article shall be known as the 'Georgia Liming Materials Act of 1976.' 2-12-41. (a) As used in this article, the term: (1) (A) 'Agricultural liming materials' means and includes: (i) Solid liming materials, which are those materials whose calcium and magnesium con tent is capable of neutralizing soil acidity. All solid liming material must have a minimum neutralizing value of 85 percent calcium carbonate equivalent and must not contain any material at or above a level determined by the Commissioner to be dangerous to plant growth; and THURSDAY, FEBRUARY 13, 1992 691 (ii) Liquid or suspension liming materials; which are those materials whose calcium and magnesium content is capable of neutralizing soil acidity and which must have a minimum neutralizing value of 45 percent calcium carbonate equivalent and must be free of any materral at a level determined by the Commissioner to be dangerous to plant growth. Such liquid or suspension liming material shall have a minimum of 3 percent elemental magnesium to be classified as dolomitic and shall be of such particle size that 100 percent shall pass through a 20 mesh sieve and not less than 60 percent shall pass through a 200 mesh sieve. (B) 'Burnt lime' means a material made from limestone which consists essentially of calcium oxide or a combination of calcium and magnesium oxides. These materials shall meet the same screen specifications as are set forth for finely ground limestone. (C) 'Calcitic liming materials' are those materials composed wholly or largely of calcium carbonate containing less than 6 percent elemental magnesium. (D) 'Dolomitic liming materials' are those materials composed of calcium and magne sium carbonates with a minimum content of 6 percent elemental magnesium derived from magnesium carbonate. (E) 'Finely ground limestone' is calcitic or dolomitic limestone ground so that 98 per cent of the material will pass through a 20 mesh sieve and not less than 70 percent will pass through a 100 mesh sieve. (F) 'Ground limestone' is calcitic or dolomitic limestone ground so that 90 percent of the materials will pass through a 10 mesh sieve and not less than 50 percent will pass through a 50 mesh sieve and not less than 25 percent will pass through a 100 mesh sieve. (G) 'Ground shells' is the product obtained by grinding the shells of mollusks so that not less than 50 percent of the materials shall pass through a 100 mesh sieve; the product shall carry the name of the mollusk of origin. (H) 'Hydrated lime' means a material made from burnt lime which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or mag nesium hydroxide, or both. (1) 'Marl' means a granular or loosely consolidated earthly material composed largely of seashell fragments and calcium carbonate. These materials shall meet the same screen speci fications as are set forth for finely ground limestone. (2) 'Brand' is the name under which agricultural liming material is sold. (3) 'Bulk' means in nonpackaged form. (4) 'Calcium carbonate equivalent' means the acid neutralizing capacity of an agricul tural liming material expressed as weight percentage of calcium carbonate. (5) 'Investigational allowance' means those allowances necessary to compensate for vari ations inherent in the method of sampling, preparation, and analysis of an official sample of agricultural liming material. (6) 'Label' means any written or printed matter on or attached to a package or on the delivery ticket which accompanies bulk shipment. (7) 'Lot' means that amount of agricultural liming material on hand and actually cov ered by the official sample at the time and place of sampling. In determining deficiencies and penalties under this article, the term 'lot' shall mean that amount of agricultural liming material included in a single delivery weight ticket. (8) 'Neutralizing value' means the calcium carbonate equivalent. (9) 'Percent' or 'percentage' means parts per 100 by weight. (10) 'Person' means an individual, partnership, association, firm, or corporation. (11) 'Registrant' means the person who registers limestone under this article. (12) 'Sieve' number designates sieves conforming to specifications of the United States 692 JOURNAL OF THE SENATE Standard Sieve Series. Sieve tests listed in this Code section are minimum and no tolerance will be allowed. Official analysis shall be determined by the wet method. (13) 'Ton* means a net weight of 2,000 pounds avoirdupois. (14) 'Weight' means the weight of materials as offered for sale. (b) The definitions set forth in subsection (a) of this Code section are applicable only when the products in question are sold for or represented to be for agricultural purposes. Any product not listed, the use of which is claimed to decrease soil acidity, must meet the requirements set forth in paragraph (1) of subsection (a) of this Code section. 2-12-42. (a) All registrants who sell, offer for sale, hold, or distribute agricultural liming materials shall register by July 1 of each calendar year with the Commissioner of Agricul ture upon applicable forms furnished by the Commissioner. (b) Registration shall be made by the registrants for each and every brand or type of agricultural liming material offered for sale, but only one registration shall be required for each brand and type of agricultural liming material. No product intended for agricultural liming purposes shall be offered for sale or distributed prior to registration with the Depart ment of Agriculture. (c) Registration shall be considered permanent, unless a change in or deviation from the information filed with the Commissioner changes such registrations. (d) Products labeled for use in the construction or building trades shall be exempt from registration. 2-12-43. (a) Any person, firm, or corporation wishing to become a registrant of liming materials, as defined in this article, shall secure a license from the Commissioner before engaging in such business. Such person, firm, or corporation shall make application for such license on forms to be furnished by the Commissioner, containing such information regard ing the applicant's proposed operations as the Commissioner may prescribe. Such licenses shall be renewable annually on the first day of July. Such licenses may be revoked or sus pended for cause after due notice and opportunity for hearing to consider any violations of this article. (b) All registrants who have registered their products with the Commissioner, as pro vided in this article, shall pay annually, upon registration, one of the following fees, based upon the tonnage sold during the previous 12 months' period: (1) A $100.00 annual fee for producers having sales of 10,000 tons or more of liming materials in this state; or (2) A $50.00 annual fee for producers having sales of less than 10,000 tons of liming materials in this state. 2-12-44. All registrants shall submit semiannually to the Commissioner, on forms sup plied by the Commissioner, a report showing the net tons of all liming material sold within this state, the county to which delivery was made, and the brands, types, or both. The re porting periods shall be the six months preceding June 30 and December 31 of each year. Reports shall be filed within 30 days after the close of each reporting period. 2-12-45. (a) Agricultural liming materials sold or offered for sale in this state for use herein or imported into this state for sale herein shall have affixed to each container, in a conspicuous manner on the outside thereof, a clearly legible printed or stamped label, tag, or statement or, in the case of bulk sales, shall have accompanying them a delivery slip setting forth the following information in the following order: (1) The name and address of the principal office of the registrant; (2) The brand name of the material; (3) The identification of the product as to the type of agricultural liming material; (4) The minimum guaranteed neutralizing value expressed as a percentage; THURSDAY, FEBRUARY 13, 1992 693 (5) The minimum guaranteed content of elemental calcium (Ca); (6) In the case of dolomitic limestone, the minimum guaranteed content of elemental znagnesium (Mg); (7) The minimum percent guaranteed by weight passing through United States stan dard sieves as prescribed in subparagraphs (a) (1) (E) and (a) (1) (F) of Code Section 2-1241; (8) The percent moisture; and (9) The net weight. (b) No information shall appear on any package label or delivery slip which is false or misleading to the purchaser as to the quality, analysis, type, or composition of any agricul tural liming material. No statement or claim, oral or written, which is false or misleading as to the comparative value or effectiveness of liming materials shall be made in any promotion or advertising medium. 2-12-46. If any person, before reselling any agricultural liming material, alters or other wise changes the original guarantee of a lime product, the reseller is liable for any penalty that may be incurred. 2-12-47. The Commissioner is authorized to determine the neutralizing value of calcium and magnesium, the fineness of grind, and the moisture content of liming materials. The methods of analysis shall be those adopted by the Association of Official Analytical Chem ists or such other methods as may be adopted by the Commissioner. 2-12-48. Materials covered by this article shall be sampled in accordance with the offi cial methods adopted by the Commissioner. 2-12-49. (a) When any agricultural liming material in the possession of the consumer is found to be short weight, the seller shall pay to the consumer a penalty equal to four times the value of the actual shortage. (b) If, at the time of delivery of an agricultural liming material, the purchaser has doubt as to the invoiced weight, he may demand weighing by a certified public weigher. If the material is found to be below the invoiced weight, the seller shall be liable for all costs incidental to the weighing. If the weight of the material is found to be as invoiced or above, the seller may adjust the invoice to the true weight and the purchaser shall be liable for all costs incidental to the weighing. Such costs shall be calculated on the basis of $1.00 per ton plus the weigher's fee. 2-12-50. No agricultural liming material which fails to comply with this article shall be sold or offered for sale in this state. 2-12-51. For the enforcement of this article, the Commissioner is authorized, after due notice and public hearing, to adopt and enforce rules and regulations relating to the distri bution of agricultural liming materials and necessary to carry into effect the full intent and meaning of this article. Such rules and regulations shall not become effective until 30 days after a copy thereof has been mailed by certified mail to each member of the House Agricul ture and Consumer Affairs Committee and Senate Agriculture Committee. 2-12-52. The Commissioner is authorized to issue a 'stop sale' order against any lot of liming materials covered under this article when such material is found to be in violation of the article. The stop sale order may be removed only by written order from the Commissioner. 2-12-53. (a) When, upon analysis, an official sample of agricultural liming material fails to meet the requirements of this article, a penalty shall be assessed in accordance with the provisions of paragraphs (1) through (5) of this subsection: (1) If an official sample is found deficient in neutralizing value below the guarantee, the penalty shall be 20ylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Albert Alien Burton Coleman Hammill Perdue Timmons WEDNESDAY, FEBRUARY 19, 1992 913 Those not voting were Senators: Edge (excused) Garner Hooks Langford Moye Pollard Shumake Tate On the passage of the bill, the yeas were 41, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Higher Education, and favorably reported by the committee, was put upon its passage: HB 319. By Representatives Herbert of the 76th, Poston of the 2nd, Kilgore of the 42nd and Adams of the 79th: A bill to amend Part 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational In stitutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions. Senate Sponsor: Senator Hammill of the 3rd. The Senate Committee on Higher Education offered the following substitute to HB 319: A BILL To be entitled an Act 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 Institutions Act of 1990," so as to provide for a tuition guaranty trust fund to be established from fees paid by nonpublic postsecondary educational institutions; to provide for defini tions; to change the provisions relating to exemptions from said Act; to change the provi sions relating to standards for postsecondary educational institutions; to provide for a board of trustees to administer the tuition guaranty fund; to provide for fees to be paid by postsecondary educational institutions into the fund; to provide for late payment fees; to pro vide for denial or revocation of authorizations to operate for failure to pay fees required for participation in the fund; to provide for payments from the fund; to provide for subrogation of rights as a condition of payments from the fund; to provide for automatic revocations to operate as a result of payments from the fund; to provide for appeals and judicial review; to provide for certain reports; to provide that the fund shall be exempt from taxation; to pro vide 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 1A of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, known as the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended by inserting in Code Section 20-3-250.2, relating to definitions, new paragraphs (3.1) and (27) to read, respectively, as follows: "(3.1) 'Board of trustees' or 'board' means the Board of Trustees of the Tuition Guar anty Trust Fund provided for in Code Section 20-3-250.10A." "(27) 'Tuition guaranty fund' or 'fund' means the Tuition Guaranty Trust Fund pro vided for in Code Section 20-3-250.10A." Section 2. Said part is further amended by striking paragraph (11) of subsection (a) of Code Section 20-3-250.3, relating to exemptions for the part, in its entirety and substituting in lieu thereof a new paragraph (11) to read as follows: "(11) A aeheet postsecondary educational institution which is also regulated pursuant to the provisions of Title 43 shall be exempt only from the provisions of paragraph (2) of 914 JOURNAL OF THE SENATE subsection (b) of Code Section 20-3-250.5, Code Section 20-3-250.6, and Code Section 20-3250.11;". Section 3. Said part is further amended by striking subsection (c) of Code Section 20-3250.6, relating to standards for postsecondary educational institutions, in its entirety and substituting in lieu thereof a new subsection (c) to read as follows: "(c) Institutions otherwise exempt from the provisions of this part under paragraphs (10), and (12), and (14) of subsection (a) of Code Section 20-3-250.3 shall be required to meet the standards of financial soundness and being capable of fulfilling commitments to students as provided in subparagraph (a)(l)(H) of this Code section, and, because of such requirement, each such institution shall provide the commission with an annual audit per formed by an independent certified public accountant audited financial statements as performed by an independent certified public accountant and at such times as the commission shall require. The commission may impose a fee to be paid by such institutions to offset the cost of receiving and reviewing such audited financial statements. In addition thereto, insti tutions otherwise exempt from the provisions of this part under paragraph (10) of subsec tion (a) of Code Section 20-3-250.3 shall be subject to the requirements of Code Sections 203-250.8, and 20-3-250.10, and 20-3-250.10A The commission ahall iaauc an annual report reports'to the Governor and to the General Assembly aummariang-tte required by subsection (h) of Code Section 20-3-250.10A shall include a summary of the commissions's findings from its review of annual audits audited financial statements required by this subsection." Section 4. Said part is further amended by adding immediately following Code Section 20-3-250.10, relating to bonds, a new Code Section 20-3-250.10A to read as follows: "20-3-250.10A. (a) It is the purpose of this Code section to create a trust fund from participation fees from postsecondary educational institutions to enable such institutions, collectively, to protect students against financial loss when a postsecondary educational in stitution closes without reimbursing its students and without completing its educational ob ligations to its students. (b) (1) Effective on July 1, 1992, the Tuition Guaranty Trust Fund is created. The participation fees received by the commission from postsecondary educational institutions pursuant to the provisions of subsections (c) and (d) of this Code section shall be deposited in the state treasury in a special account designated 'Tuition Guaranty Trust Fund' and shall be held in trust by the board of trustees provided for in paragraph (2) of this subsec tion for the purpose of carrying out the provisions of this Code section. The money in the fund may be invested by said board of trustees in any bonds and other securities of agencies of the government of the United States and bonds and other securities of state and local governments. The earnings from such investments shall be deposited to the credit of the Tuition Guaranty Trust Fund and shall be available for the same purposes as other money deposited in the fund. (2) The fund shall be administered by the Board of Trustees of the Tuition Guaranty Trust Fund. The board of trustees shall consist of five members of the commission desig nated by majority vote of the commission, but one of such members shall be a representa tive of a proprietary school, and one of such members shall be a representative of a non profit degree-granting college. The five members of the commission who are so designated shall serve for such terms of office as members of the board as the commission shall estab lish by rule or regulation. The commission shall appoint one of the members so designated as chairman of the board. The executive director shall also serve as executive director and secretary of the board. Three members of the board must vote in agreement in order for the board to take official action. The commission may by rule or regulation provide for another member of the commission to serve in the place of a member of the board who is absent from a meeting of the board. (c) (1) All postsecondary educational institutions operating in this state, except those which are exempt from the provisions of this part under Code Section 20-3-250.3, shall par ticipate in the tuition guaranty fund. Those postsecondary educational institutions specified WEDNESDAY, FEBRUARY 19, 1992 915 in paragraphs (10) and (11) of Code Section 20-3-250.3 shall participate in the tuition guar anty fund. (2) Postsecondary educational institutions which were authorized to operate in this state prior to July 1, 1990, and which have maintained continuous authorization in this state between July 1, 1990, and July 1, 1992, shall participate in the fund and shall not be re quired to provide surety bonds as provided in Code Section 20-3-250.10; provided, however, that any surety bond provided by an institution before July 1, 1992, shall remain in effect for one full year after the effective date of such surety bond. (3) Postsecondary educational institutions which are authorized to operate in this state on and after July 1, 1992, and which were first authorized to operate in this state on or after July 1, 1990, shall participate in the fund and provide the surety bonds required in Code Section 20-3-250.10; provided, however, that such surety bonds shall no longer be required of such institutions after July 1, 1994. Postsecondary educational institutions which are first authorized to operate in this state on or after July 1, 1992, shall participate in the fund and provide the surety bonds required by Code Section 20-3-250.10 for two full years of continu ous authorized operation at which time such surety bonds shall no longer be required of such institutions. (d) (1) In addition to any other fees required by this part, the commission shall by regulation establish fees to be paid annually by postsecondary educational institutions for participation in the tuition guaranty fund. The fees shall be based on gross tuition collected during a year by each postsecondary educational institution. If an institution has not oper ated for a full year, its participation fee shall be based initially on its projected gross tuition for the first full year of operation. At the conclusion of the first year, the fee for that year shall be adjusted to reflect actual gross tuition. The annual fee established by the commis sion shall be sufficient, when added to the earnings of the fund, to create a balance in the fund of at least $500,000.00 by July 1, 1997. The board of trustees shall notify the commis sion when the fund balance exceeds $500,000.00, and, except as otherwise provided in para graph (2) of this subsection, upon receiving such notification, the commission shall cease collection of participation fees from postsecondary educational institutions. The commis sion, upon notification from the board of trustees, shall reestablish collection of participa tion fees from all participating postsecondary educational institutions at any time the fund balance is less than $475,000.00. At such time, fees shall be collected from participating institutions according to a schedule adopted by the commission based on gross tuition in amounts sufficient to raise the fund balance to $500,000.00. (2) Each postsecondary educational institution which is required to participate in the fund until surety bonds are no longer required under the provisions of paragraph (3) of subsection (c) of this Code section shall be required to pay participation fees for the mini mum period of time specified by that paragraph, notwithstanding the amount in the tuition guaranty fund. If the balance in the fund exceeds $500,000.00, participation fees shall be collected from each such institution according to a fee schedule adopted by the commission. The fee schedule shall be based on gross tuition. (3) If earnings from investments, participation fees required under paragraph (2) of this subsection, and claims experience ever cause the balance in the fund to exceed $1,025,000.00, the commission, upon being notified by the board of trustees, shall make a refund to participating postsecondary educational institutions so that the fund balance is reduced to $1 million. Any such refund shall be determined by the commission in propor tion to the total participation fees paid by a postsecondary educational institution until the time of the refund; provided, however, no reimbursement shall be made to any postsecon dary educational institution whose students have been reimbursed from the fund or from bond forfeiture as provided in subsection (g) of this Code section. The commission shall establish by regulation the time and other procedures and requirements for making any such refund, but refunds shall be issued no more than once during a fiscal year. (e) The annual cost incurred by the commission and by the board of trustees in ad ministering the Tuition Guaranty Trust Fund, including expenses incurred in collecting 916 JOURNAL OF THE SENATE from defaulting postsecondary educational institutions the amounts paid from the fund to or on behalf of students pursuant to the provisions of subsection (g) of this Code section, shall be paid from the fund; provided, however, such annual administrative costs shall not exceed 2.5 percent of the participation fees collected from postsecondary educational insti tutions during the fiscal year. The commission shall issue a report annually to each postsecondary educational institution participating in the fund. The report shall provide an evaluation of the financial condition of the fund and a summary of claims paid or other expenditures from the fund during the immediately preceding calendar year. (f) The commission shall establish by regulation a late payment fee for the failure of a postsecondary educational institution to pay its participation fee at the time established by regulation of the commission for the payment of such fees. An application for authorization to operate or for the renewal thereof may be denied under Code Section 20-3-250.12 for failure to pay participation fees. Late payment fees shall be paid into the fund. Any authori zation to operate may be revoked, suspended, or made conditional under Code Section 20-3250.13 for failure to pay participation fees. (g) (1) Except as otherwise provided in paragraph (2) of this subsection, in the event a postsecondary educational institution participating in the fund goes into bankruptcy or ceases operations without fulfilling its educational obligations to its students or without re imbursing its students, the board of trustees may reimburse from the fund valid claims of students for tuition paid to that institution in accordance with guidelines and procedures adopted by regulations of the board. If a student who attended the defaulting postsecondary educational institution received financial aid under either a state or federal student loan program, the board shall direct payment to the financial institution or other entity who made the loan to the student, rather than directly to the student. As a condition of receiving reimbursement from the fund, the student and the financial institution or other entity which made the loan to the student shall agree to subrogate their rights of recovery against the defaulting postsecondary educational institution to the board of trustees; provided, how ever, that if the reimbursement from the fund is insufficient fully to cover the amount due the student or the entity making the loan to the student, then such student or entity shall retain the right of recovery against the defaulting institution for the unreimbursed amount. Payments from the fund shall be made by warrant of the director of the Fiscal Division of the Department of Administrative Services on the order of the board of trustees. (2) Until surety bonds are no longer required of a participating postsecondary educa tional institution under the provisions of paragraph (3) of subsection (c) of this Code sec tion, the reimbursement of tuition to students or to financial institutions or other entities on behalf of students, in the event of the default of the postsecondary educational institution, shall be accomplished by bond forfeiture proceedings and not from the tuition guaranty fund unless the full amount of the bond is paid in reimbursements and such amount is insufficient to cover all reimbursements. If a student, financial institution, or other lending entity is entitled to reimbursement of tuition paid for a term which concluded before the expiration of the surety bond, the reimbursement shall be accomplished by bond forfeiture proceedings and not from the tuition guaranty fund unless the full amount of the bond is paid in reimbursements and such amount is insufficient to cover all reimbursements. (3) If the board of trustees pays a claim to or on behalf of a student of a defaulting postsecondary educational institution or if such a claim is paid as a result of a bond forfei ture, the authorization to operate of the defaulting postsecondary educational institution shall be automatically revoked as of the date of such payment, if the authorization to oper ate has not been previously revoked by the commission pursuant to other provisions of this part. If a defaulting postsecondary educational institution reimburses the fund for any claims paid on behalf of its students, the commission shall be authorized to issue a new authorization to operate to such postsecondary educational institution if the commission finds that the institution is then qualified to operate as a postsecondary educational institu tion. For two years, such an institution shall provide the surety bond required in Code Sec tion 20-3-250.10 and shall pay participation fees to the tuition guaranty fund as provided in paragraph (2) of subsection (d) of this Code section. WEDNESDAY, FEBRUARY 19, 1992 917 (4) If at any time the money available in the tuition guaranty fund is insufficient to satisfy tuition reimbursement claims then pending against the fund, the board of trustees may require each participating postsecondary educational institution to pay a special assess ment to the fund. The special assessment shall be in addition to the participation fee pro vided for in paragraph (1) of subsection (d) of this Code section but shall not exceed either the total amount paid during the immediately preceding calendar year in participation fees or $100,000.00, whichever is greater. The maximum amount that may be paid from the fund in claims on behalf of the students of any single defaulting postsecondary educational insti tution is $250,000.00, notwithstanding the fact that total claims may exceed that amount. (5) As an alterntive to paying claims to or on behalf of students of a defaulting postsecondary educational institution, the board of trustees may arrange for another postsecon dary educational institution to complete the educational obligations to the students of the defaulting postsecondary educational institution, provided that the program offered by the other institution is substantially equivalent to the program for which the students had paid tuition and provided, further, that attendance at the other institution does not cause unrea sonable hardship or inconvenience to the students. The commission shall have the authority to adopt rules on regulations which shall govern the board of trustees in the administration of the provisions of this paragraph. As a part of any such program, the board of trustees may reimburse the other postsecondary educational institution from the fund for expenses incurred by the institution in providing educational services for the students of the default ing postsecondary educational institution, but such expenses shall not include the payment of tuition on behalf of such students. (6) It shall not be necessary to claim a loss or damage pursuant to the provisions of Code Section 20-3-250.14 in order for the board of trustees to pay claims to or on behalf of students pursuant to the provisions of this Code section. Procedures and requirements for filing claims under this Code section shall be as provided by rules or regulations adopted for that purpose by the commission. (7) Any person aggrieved by a decision of the board of trustees to pay or deny a claim pursuant to the provisions of this Code section may appeal to the commission. A decision of the board of trustees shall be in writing and shall be sent by certified mail to the claimant and to the owner of the defaulting postsecondary educational institution. If the whereabouts of the owner of the defaulting postsecondary educational institution is not known and can not reasonably be ascertained by the board of trustees, a notice of the decision shall be published in the legal organ of the county where the student claimant attended the default ing postsecondary educational institution or a facility of such institution. The appeal to the commission shall be commenced by filing a written notice of such appeal to the commission within 30 days after receiving the written decision of the board of trustees. Within 30 days after receiving a notice of appeal, the commission shall affirm the decision of the board of trustees, modify and affirm the decision of the board of trustees, or overrule the decision of the board of trustees. Any person aggrieved by the action of the commission shall have the right to judicial review pursuant to the provisions of Code Section 20-3-250.16. The commis sion shall adopt rules or regulations providing procedures for the conduct of appeals from the board of trustees, but such rules or regulations shall be consistent with the provisions of this paragraph. (h) The board of trustees shall issue a biennial report to the Governor and members of the General Assembly providing a summary of the financial condition of the fund and claims experience during the preceding biennium. Such reports shall be issued during the regular session of the General Assembly held during each even-numbered year beginning in 1994. (i) The tuition guaranty fund shall be exempt from all license fees or income, franchise, privilege, occupation, or other taxes levied or assessed by the state or by any county, munic ipality, or other political subdivision of the state. Any payment of claims or refund of partic ipation fees from the tuition guaranty fund shall not be exempt from taxation unless such 918 JOURNAL OF THE SENATE payment or refund is exempt from taxation pursuant to the provisions of law independent of the provisions of this part." Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Perdue of the 18th offered the following amendment: Amend the substitute to HB 319 offered by the Senate Committee on Higher Education by striking the words "on or" on line 33 of page 5. By striking the word "and" on line 34 of page 5 and inserting in lieu thereof the following: "for five years of continuous authorized operation and shall". By inserting on line 4 of page 6, between the words "be" and "required", the symbol By inserting on line 4 of page 7 between the words "is" and "required the following: "first authorized to operate in this state after July 1, 1992, and is". By striking on line 5 of page 7 the following: "until surety bonds are no longer required", and inserting in lieu thereof the following: "for five years of continuous authorized operation'. By striking on line 8 of page 7 the words "the minimum" and inserting in lieu thereof the word "such". By striking on line 9 of page 7 the following: "specified by that paragraph,". By striking on line 13 of page 7 the word "a" and inserting the word "the". By inserting on line 14 of page 7, between the word "commission" and the symbol ".", the following: "pursuant to paragraph (1) of this subsection". By striking on lines 14 and 15 of page 7 the following: "The fee schedule shall be based on gross tuition." On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Egan English Foster Gillis Hammill WEDNESDAY, FEBRUARY 19, 1992 919 Harris Hasty Henson Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips 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: Bishop Coleman Edge (excused) Garner Hooks Langford Moye Pollard Shumake Tate 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 by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the Senate: SB 566. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and quali fications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide when the Senators elected shall take office. Senator Newbill of the 56th introduced the doctor of the day, Dr. Robert Ollins, of Atlanta, Georgia. Senator Deal of the 49th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 11:46 o'clock A.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. 920 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 20, 1992 Nineteenth 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 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. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1351. By Representatives Jackson of the 9th and Lawson of the 9th: A bill to amend an Act creating a Board of Commissioners of Hall County, as amended, so as to change the composition of the commissioner districts from which the commissioners are elected. HB 1465. By Representative Mobley of the 64th: A bill to amend an Act providing authority for members of the Board of Educa tion of Barrow County, so as to reapportion the education districts. HB 1495. By Representative Perry of the 5th: A bill to amend an Act to create the Board of Commissioners of Chattooga County, so as to provide new commissioner districts. HB 1558. By Representatives Brush of the 83rd, Griffin of the 6th, Mann of the 6th, Poag of the 3rd, Thomas of the 69th and others: A bill to repeal an Act providing for a board of elections in certain counties. HB 1623. By Representative Twiggs of the 4th: A bill to create the Clayton-Rabun County Water and Sewer Authority. HB 1645. By Representatives Jackson of the 9th, Orr of the 9th and Lawson of the 9th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts in traffic cases, so as to repeal the authority of the clerk of the superior court in certain counties to attend probate court in traffic cases. HB 1652. By Representatives Bates of the 141st, Murphy of the 18th, Streat of the 139th, Barnett of the 10th, Purcell of the 129th and others: A bill to amend an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not greater than 28,250 according to the U.S. Census of 1960 or any such future census, so as to repeal said Act. THURSDAY, FEBRUARY 20, 1992 921 HB 1707. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to create a public body corporate and politic and instrumentality of the County of Rabun, to be known as the Rabun County Economic Development Authority. HB 1704. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that home stead for certain residents of that county. HB 1705. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption. SB 574. By Senator Ramsey of the 54th: A bill to amend an Act creating the office of commissioner of Murray County, as amended, so as to change the composition of the commission districts; to provide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances. HB 1389. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings. HB 1520. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th: A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, relating to rules for granting letters of administration generally and with the will annexed, so as to provide that a trustee of any trust having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by the will, shall be authorized to express a choice on behalf of the beneficiaries of the trust. HB 1284. By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Part 1 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to units designed to be affixed to foundations or ex isting buildings, so as to repeal a definition; to authorize civil actions against dealers of industrialized buildings. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 711. By Representatives Valenti of the 52nd, Hamilton of the 124th, Martin of the 26th, Holmes of the 28th, Porter of the 119th and others: A resolution urging the Congress of the United States to enact a national health care program assuring universal access to quality health care financed by broad based, progressive taxes with payment to providers through a single payor. 922 JOURNAL OF THE SENATE HR 814. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, Walker of the 115th and Edwards of the 112th: A resolution calling a joint session of the House of Representatives and the Sen ate for the purpose of recognizing and honoring Robert Edward Turner III and hearing a message from him. The Speaker has appointed as a Committee of Escort on the part of the House the following members: Representatives Lee of the 72nd, Barfoot of the 120th, Merritt of the 123rd, Pelote of the 127th, McBee of the 68th, King of the 72nd and Baker of the 51st. The House has passed by the requisite constitutional majority the following bill of the House: HB 1210. By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers. The following bills of the Senate were introduced, read the first time and referred to committees: SB 721. By Senators Pollard of the 24th, Foster of the 50th and Broun of the 46th: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for additional powers of local boards of education; to provide an effective date. Referred to Committee on Education. SB 722. By Senators Taylor of the 12th, Pollard of the 24th, Hasty of the 51st and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to reduce the waiting period under a policy of accident and sickness insurance for benefits to be payable for a preexisting illness or condition; to provide for applicability. Referred to Committee on Insurance and Labor. SB 723. By Senator Pollard of the 24th: A bill to amend Code Section 34-9-152 of the Official Code of Georgia Annotated, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, so as to impose restrictions on the ability of counties and municipalities to create such funds; to provide an effective date. Referred to Committee on Insurance and Labor. SB 724. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for approval of assumption reinsur ance agreements; to provide definitions; to provide for notice requirements to policyholders; to provide for notice to the Commissioner of Insurance; to provide for the transfer of risks or obligations under an insurance contract following policyholder consent. Referred to Committee on Insurance and Labor. THURSDAY, FEBRUARY 20, 1992 923 SB 725. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and others: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Depart ment of Natural Resources; to make certain provisions relative to the member ship of the Shore Assistance Committee; to provide powers of the Shore Assis tance Committee. Referred to Committee on Natural Resources. SB 726. By Senator Deal of the 49th: A bill to amend an Act creating the State Court of Hall County, as amended, so as to provide for the appointment and compensation of an associate state court judge. Referred to Committee on Urban and County Affairs. SB 727. By Senator Henson of the 55th: A bill to amend Part 1 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide that any person who, intentionally and without legal justification, dis charges a firearm at a moving train causing injury to another person or property damage to the train or the contents thereof shall be guilty of a felony; to provide penalties for any person convicted of any such offense. Referred to Committee on Special Judiciary. SB 728. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday at festi vals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements. Referred to Committee on Consumer Affairs. SB 729. By Senators Ragan of the 32nd, Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions in the title on motor vehicles, so as to revise a definition; to amend Code Section 46-1-1, relating to definitions in the title on public utilities and transportation, so as to revise a definition. Referred to Committee on Finance and Public Utilities. SB 730. By Senator Broun of the 46th: A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to authorize agreements for probation services and other services for municipal courts; to au thorize establishment of probation systems for municipal courts; to provide for procedures and requirements related thereto. Referred to Committee on Special Judiciary. 924 JOURNAL OF THE SENATE The following bills and resolution of the House were read the first time and referred to committees: HB 1210. By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers. Referred to Committee on Banking and Financial Institutions. HB 1284. By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Part 1 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to units designed to be affixed to foundations or ex isting buildings, so as to repeal a definition; to authorize civil actions against dealers of industrialized buildings. Referred to Committee on Insurance and Labor. HB 1389. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings. Referred to Committee on Natural Resources. HB 1520. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th: A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, relating to rules for granting letters of administration generally and with the will annexed, so as to provide that a trustee of any trust having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by the will, shall be authorized to express a choice on behalf of the beneficiaries of the trust. Referred to Committee on Judiciary. HR 711. By Representatives Valenti of the 52nd, Hamilton of the 124th, Martin of the 26th and others: A resolution urging the Congress of the United States to enact a national health care program assuring universal access to quality health care financed by broad based, progressive taxes with payment to providers through a single payor. Referred to Committee on Health and Human Services. HB 1351. By Representatives Jackson of the 9th and Lawson of the 9th: A bill to amend an Act creating a Board of Commissioners of Hall County, as amended, so as to change the composition of the commissioner districts from which the commissioners are elected. Referred to Committee on Urban and County Affairs. THURSDAY, FEBRUARY 20, 1992 925 HB 1465. By Representative Mobley of the 64th: A bill to amend an Act providing authority for members of the Board of Educa tion of Barrow County, so as to reapportion the education districts. Referred to Committee on Urban and County Affairs. HB 1495. By Representative Perry of the 5th: A bill to amend an Act to create the Board of Commissioners of Chattooga County, so as to provide new commissioner districts. Referred to Committee on Urban and County Affairs. HB 1558. By Representatives Brush of the 83rd, Griffin of the 6th, Mann of the 6th and others: A bill to repeal an Act providing for a board of elections in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1623. By Representative Twiggs of the 4th: A bill to create the Clayton-Rabun County Water and Sewer Authority. Referred to Committee on Urban and County Affairs. HB 1645. By Representatives Jackson of the 9th, Orr of the 9th and Lawson of the 9th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts in traffic cases, so as to repeal the authority of the clerk of the superior court in certain counties to attend probate court in traffic cases. Referred to Committee on Urban and County Affairs (General). HB 1652. By Representatives Bates of the 141st, Murphy of the 18th, Streat of the 139th and others: A bill to amend an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not greater than 28,250 according to the U.S. Census of 1960 or any such future census, so as to repeal said Act. Referred to Committee on Urban and County Affairs (General). HB 1704. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of that home stead for certain residents of that county. Referred to Committee on Urban and County Affairs. HB 1705. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to change the amount of the exemption. Referred to Committee on Urban and County Affairs. HB 1707. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to create a public body corporate and politic and instrumentality of the County of Rabun, to be known as the Rabun County Economic Development Authority. Referred to Committee on Urban and County Affairs. 926 JOURNAL OF THE SENATE The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills and reso lution of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1200. Do pass. HB 1201. Do pass. HR 772. Do pass. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Banking and Financial Institutions 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 762. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 444. Do pass. SB 595. Do pass as amended. Respectfully submitted, Senator Perry of the 7th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 622. Do pass by substitute. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Education has had under consideration the following bills and reso lution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 472. Do pass, HB 727. Do pass as amended. THURSDAY, FEBRUARY 20, 1992 927 HB 1287. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 600. Do pass by substitute. HB 1541. Do pass by substitute. HB 1306. Do pass. HR 261. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 468. Do pass. SB 693. Do pass. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 607. Do pass by substitute. HB 1387. Do pass. HB 1497. Do pass as amended. HB 1388. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 389. Do pass by substitute. SR 443. Do pass by substitute. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: 928 JOURNAL OF THE SENATE SB 614. Do pass by substitute. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 706. Do pass. SB 707. Do pass. HB 1436. Do pass. HB 1629. Do pass. SB 708. Do pass. HB 1659. Do pass. SB 709. Do pass. HB 1662. Do pass. HB 1053. Do pass by substitute. HB 1631. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate and House were read the second time: SB 568. By Senator Garner of the 30th: A bill to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veter ans, so as to provide that a veteran who is otherwise eligible for a free license plate as a result of disability shall qualify for a free license plate if such veteran owns or jointly with his or her spouse owns the motor vehicle. SB 579. By Senator Edge of the 28th: 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 to persons completing de fensive driving courses or alcohol or drug programs, so as to change the provi sions relating to reduction of an accumulated point count upon completion of a course; to change certain time limits. SB 604. By Senator Broun of the 46th: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meetings. SB 627. By Senator Egan of the 40th: A bill to amend an Act providing for volunteer legal service agencies in certain counties, as amended, so as to change certain fees; to revise certain provisions relating to applicability based on population of certain counties and based on certain United States decennial censuses; to provide for effective dates; to pro vide for the automatic repeal of certain provisions. SB 635. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to clarify the sentencing provision for a defendant convicted of a fourth or subsequent offense of shoplifting; to provide that a fourth or subsequent offense is a felony; to provide a penalty; to provide an effective date; to provide for applicability. THURSDAY, FEBRUARY 20, 1992 929 SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd: A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement to the juvenile court; to provide for the contents of such victim impact state ment; to provide for the use of such victim impact statement; to provide the child an opportunity to rebut the statement. SB 646. By Senator Johnson of the 47th: A bill to amend Code Section 40-6-390 of the Official Code of Georgia Annotated, relating to reckless driving, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus shall be reckless driving. SB 670. By Senators Robinson of the 16th and Edge of the 28th: A bill to amend Code Section 53-12-231 of the Official Code of Georgia Anno tated, relating to incorporation of fiduciary powers by reference in a will or trust agreement, so as to provide that a provision in a will or trust agreement which incorporates powers by citation and which was valid under the law in existence at the time the will was signed shall be effective despite the subsequent repeal of the statute cited; to provide a time limit. SB 679. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Ports Authority Act," so as to change provisions relating to the membership and quorum of the authority; to provide for terms of office; to pro vide for other related matters; to provide an effective date. SB 682. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act providing for a board of elections in certain counties and for other purposes relative thereto, as amended, so as to change the census and the population bracket of the counties to which the Act applies. SB 683. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 15-12-23 of the Official Code of Georgia Annotated, relating to clerks of boards of jury commissioners and appointment of court per sonnel in certain counties, so as to change the census and population brackets relating to those counties in which the chief judge of the superior court shall have power to appoint a jury clerk and other personnel. SB 684. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 21-3-10 of the Official Code of Georgia Annotated, relating to the authority for a county to conduct municipal elections, so as to change the provisions relating to population brackets and the United States de cennial census in order to provide for continued applicability of certain provi sions relating to the conduct of certain municipal elections and the payment of the costs related thereto. SB 689. By Senator Foster of the 50th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts, so as to repeal certain provisions applicable to counties having a population of not less than 9,380 nor more than 9,450 according to the United States decennial census of 1970 or any future such census. 930 JOURNAL OF THE SENATE HB 1151. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Springer Opera House as the official Georgia state theater. HB 1233. By Representatives Jamieson of the llth, Jackson of the 9th, Greene of the 130th and others: A bill to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to change the number of committee members. HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th and others: A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the quali fied electors of the county voting in a special election thereon. HB 1310. By Representative Birdsong of the 104th: A bill to amend an Act placing certain restrictions upon the placement and loca tion of refuse receptacles by certain counties, so as to change the population figures describing the counties affected; to provide that such provision shall re main applicable to Twiggs County. HB 1325. By Representative Dixon of the 151st: A bill to amend Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to official state symbols, so as to designate Pogo as the official Georgia State 'Possum. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Those not answering were Senators: Alien Bishop Langford Moye Scott Shumake Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Steinberg Walker of 43rd THURSDAY, FEBRUARY 20, 1992 931 The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Burton of the 5th introduced the chaplain of the day, Dr. Richard G. Lee, paster of Rehoboth Baptist Church, Tucker, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate and House were read and adopted: SR 484. By Senators Hammill of the 3rd and Alien of the 2nd: A resolution commending Mrs. Jesse Anna Neeley. SR 487. By Senators Foster of the 50th and Deal of the 49th: A resolution endorsing the goals of the Georgia Initiative for Mathematics and Science. HR 814. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others: A resolution calling a Joint Session of the House of Representatives and Senate at 10:45 o'clock A.M. on Tuesday, February 25, 1992, for the purpose of hearing an address from Robert Edward Turner III at 11:00 o'clock A.M. in the Hall of the House of Representatives. The President appointed as a Committee of Escort on the part of the Senate the following; Senators Garner of the 30th, Deal of the 49th, Johnson of the 47th, Steinberg of the 42nd, Walker of the 22nd, Baldwin of the 29th and Egan of the 40th. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 20, 1992 NINETEENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 706 Kidd, 25th PUTNAM COUNTY A bill to amend an Act creating the Board of Commissioners of Putnam County, so as to change the composition of the commissioner districts. SB 707 Kidd, 25th PUTNAM COUNTY A bill to amend an Act changing the method of electing members for the Board of Education of Putnam County, so as to change the composition of the education districts. SB 708 Coleman, 1st Alien, 2nd 932 JOURNAL OF THE SENATE Hammill, 3rd CHATHAM COUNTY A bill to amend an Act revising the laws relative to the governing authority of Chatham County, so as to provide that the board of commissioners may au thorize county employees to issue citations for violations of county codes, or dinances, regulations, rules, or other orders. SB 709 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act to authorize the establishment of a civil service sys tem in Cobb County, so as to change the dates of expiration of the terms of office of board members. *HB 1053 Dawkins, 45th ROCKDALE COUNTY A bill to create the Board of Elections and Registration of Rockdale County. (SUBSTITUTE) HB 1436 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act changing the boundaries of the seven education dis tricts of the Cobb County School Districts, so as to change the compensation of the chairman and members of the board of education. HB 1629 Broun, 46th Johnson, 47th JACKSON COUNTY A bill to amend an Act creating the board of commissioners of roads and revenues of Jackson County, so as to provide that the board of commissioners shall submit an annual financial report to the grand jury at the fall term of the superior court. HB 1659 English, 21st EMANUEL COUNTY A bill to amend an Act providing for the election of members to the Emanuel County Board of Education, so as to change the method of filling vacancies on the board. HB 1662 Hooks, 14th SUMTER COUNTY A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Livestock Author ity. HB 1631 Hasty, 51st Ramsey, 54th WHITFIELD COUNTY A bill to provide new charter for the City of Varnell. THURSDAY, FEBRUARY 20, 1992 933 The substitute to the following bill was put upon its adoption: *HB 1053: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1053: A BILL To be entitled an Act to create the Board of Elections and Registration of Rockdale County; to provide for the powers and duties of the board; to provide for the appointment, qualifications, resignation, and removal of initial and subsequent members; to provide for filling vacancies; to provide an administrative office for elections and registrations; to staff such office with an elections supervisor, clerical assistants, and other employees; to provide compensation for administrative personnel; to provide for other matters relative to the fore going; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Pursuant to subsection (b) of Code Section 21-2-40 of the O.C.G.A., there is created the Board of Elections and Registration of Rockdale County. The board shall have the powers and duties of the former Rockdale County Board of Registrations and Elections created by an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, relating to the conduct of primaries and elections and relating to the registration of voters and absen tee balloting procedures. Section 2. (a) The initial board shall be composed of five members, each of whom shall be an elector who voted in the immediately preceding general election and a resident of the county and who shall be selected in the following manner: (1) Two members shall be appointed by the chairman of the county executive commit tee of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly; and two members shall be appointed by the chairman of the county executive committee of the political party whose candidates received the next largest number of votes at such election. In the event the chairmen of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 4 of this Act. (2) The fifth member of the board shall be appointed by the chairmen of such executive committees. The fifth member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of Section 4 of this Act. (b) Each subsequent board shall be composed of five members, each of whom shall be an elector who voted in the immediately preceding general election and a resident of the county and who shall be selected in the following manner: (1) Two members shall be appointed by the chairman of the county executive commit tee of the political party whose candidates, at the last preceding regular general election held for the election of all members of the General Assembly received the largest number of votes in this state for members of the General Assembly; and two members shall be ap pointed by the chairman of the county executive committee of the political party whose candidates received the next largest number of votes at such election. In the event the chair men of said executive committees fail to appoint such members at least 30 days preceding the date on which such members are to take office, then such members shall be appointed in accordance with the provisions of Section 4 of this Act. (2) The fifth member of the board shall be appointed by a majority vote of the other four members of the board. The two members of the board representing a political party 934 JOURNAL OF THE SENATE shall submit a list of three persons to the two members representing the other political party and the fifth member shall be selected from such list of six persons. In the event the four members do not appoint the fifth member at least 90 days preceding the date on which such fifth member is to take office, then such fifth member shall be jointly appointed by the chairmen of the county executive committees of the political parties represented on the board. Each chairman shall submit a list of three persons to the other chairman and the fifth member shall be selected from such list of six persons. In the event such chairmen have not made such appointment at least 60 days preceding the date on which such member is to take office, each chairman shall submit a list of three persons to the senior superior court judge of the Rockdale Judicial Circuit who shall make such appointment from among such six persons or any other person whom the judge may select after a joint meeting with such chairmen. The judge shall make such appointment at least 30 days preceding the date on which such member is to take office. The fifth member selected under this paragraph shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appoint ment of the member at large shall not be governed by the provisions of Section 4 of this Act. Section 3. (a) The appointment of each member shall be made by the respective ap pointing authority. Said appointing authority shall file an affidavit with the clerk of the superior court, no later than 30 days preceding the date at which such member is to take office, which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. (b) The clerk of the superior court shall record each of such certifications on the min utes of the court and shall certify the name of each appointed member to the Secretary of State and provide for the issuance of appropriate commissions to the members, as provided by law for registrars. Section 4. In the event any appointing authority fails: (1) To make a regular appointment within the times specified in Section 2 or Section 3; or (2) To make an interim appointment to fill a vacancy within 60 days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of said county. This section shall not apply to the selection process of the member at large. Section 5. Each appointed member of the board shall: (1) Serve for a term of two years and until his successor is appointed and qualified, except in the event of resignation or removal as hereinafter provided; (2) Be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing authority and to the clerk of the superior court; and (3) Be subject to removal from the board at any time, for cause after notice and hear ing, in the same manner and by the same authority as is provided for the removal of registrars. Section 6. In the event a vacancy occurs in the office of any appointed member before the expiration of his term by removal, death, resignation, or otherwise, the respective ap pointing authority shall appoint a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. Section 7. No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such elective office; and the position of membership of any member shall be deemed vacant upon such member's quali fying as a candidate for said elective public office. The elections supervisor shall not be eligible to serve as a member of the board, nor shall he be appointed to serve as a member of the board. THURSDAY, FEBRUARY 20, 1992 935 Section 8. (a) (1) The initial members of the board shall take office on July 1, 1992. (2) The board shall take no official action until all members have been certified to the clerk of the superior court. (3) The terms of office of each of the five members of the initial board shall be as follows: (A) One of the members of each of such political parties shall be appointed for a term of office to expire on December 31, 1993; and (B) One of the members of each of such political parties and the at-large member shall be appointed for a term of office to expire on December 31, 1994. (b) (1) Subsequent boards shall be composed of five members who shall be appointed for terms of office of four years and until their successors are appointed and qualified in accordance with the provisions of subsection (b) of Section 2 of this Act. The members of each subsequent board shall take office on the first day of January following their appointment. (2) The board shall take no official action until all members have been certified to the clerk of the superior court. (c) The members of the board shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 9. (a) The board shall: (1) With regard to the preparation for and conduct of elections, succeed to and exercise all duties and powers granted to election superintendents by Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto. (2) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to election superintendents under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto. (3) With regard to the registration of electors, succeed to and exercise all powers, du ties, and responsibilities granted to boards of registrars under Chapter 2 of Title 21 of the O.C.G.A., "the Georgia Election Code," as now or hereafter amended, or any other provision of law. (b) The board of registrations and elections shall have the authority to contract with any municipality located within the county for the holding of any primary or election to be conducted within the municipality. Section 10. Any rule or regulation promulgated by a county executive committee under the provisions of subsection (c) of Code Section 21-2-211 of the O.C.G.A., relating to the conduct of conventions and other party affairs, as now or hereafter amended, shall be null and void if in conflict with a valid rule or regulation of the board of registrations and elections. Section 11. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. Section 12. With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of preparing and distributing material solely to in form and instruct adequately electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion or request for support with respect to any political issue or matter of political concern. Section 13. (a) Except as provided in subsection (b) of this section, the board shall be 936 JOURNAL OF THE SENATE authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and other wise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with state law. (b) The members of the board shall annually select one of their number as chairman of the board. Such chairman shall be annually rotated between the political parties so that no political party have its members selected as chairman two consecutive years. (c) Action and decision by the board shall be by a majority of the members of the board. Section 14. (a) The board shall fix and establish, by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings at the county courthouse. Any special called meetings held pursuant to the bylaws adopted by the board shall be held only after written notifica tion of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. (b) The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. Section 15. The board shall be responsible for the selection and appointment of the administrative director, herein to be known as the elections supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county. The board shall act within 60 days of its members taking office under this Act to appoint an elections supervisor who shall be hired by the board from a job description drawn by said board. Compensation shall be determined in accordance with the salary schedule for depart ment heads established by the governing authority of the county. Compensation for the elections supervisor shall be paid by the governing authority wholly from county funds. Section 16. The governing authority of the county shall expend public funds to provide the elections supervisor with such proper and suitable administrative offices and with such clerical assistants and other employees, approved by the board, as the governing authority shall deem appropriate. Compensation for such administrative personnel shall be paid by the governing authority wholly from county funds. Section 17. In the event the board fails to appoint or retain an elections supervisor to fill a vacancy within the time specified in Section 15 of this Act, an acting elections supervi sor who shall fill temporarily such vacancy shall be appointed forthwith by the governing authority to serve until the board fills the vacancy as provided in this Act. Section 18. The board shall be responsible for the selection, appointment, and training of poll workers in elections. Such workers shall be appointed, insofar as practical from lists provided by the county executive committees of the two major political parties appointing members to the board of registrations and elections. Section 19. The words "election," "elector," "political party," "primary," "public of fice," "special election," and "special primary" shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., relating to definitions, as now or here after amended, unless otherwise clearly apparent from the text of this Act. Section 20. Effective July 1, 1992, the Rockdale County Board of Registrations and Election created by an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, shall be relieved from all powers and duties to which the Board of Elections and Registra tion of Rockdale County succeeds by the provisions of this Act and shall deliver thereafter to the chairman of the board, upon his written request, the custody of all equipment, sup plies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, effective July 1, 1992, the Rockdale County Board of Registrations and Election created by an Act approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, shall be abolished. THURSDAY, FEBRUARY 20, 1992 937 Section 21. This Act shall become effective on July 1, 1991, except that for the purpose of making initial appointments to the board, it shall become effective May 1, 1991. Section 22. 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 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 of 46th Brown of 26th B^011 ~CC'oo*llyleimnsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris H,,2.e1,,1n1 s, on Hooks Johnson Kidd Langford Marable Moye Those not voting were Senators: Newbill Perdue Perry Phillips Ragan of 32nd Ramsey SS,,.tteamr. rb, erg Tate Taylor Thompson Tysinger Walker of 43rd White Bishop BHawsteyn Huggins Pollard Ragan of 10th Ray Robinson Scott Shumake Timmons Turner Walker of 22nd On the passage of all the local bills, the yeas were 43, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1053, having received the requisite constitutional majority, were passed. HB 1053, having received the requisite constitutional majority, was passed by substitute. The following resolution of the Senate, favorably reported by the committee, was put upon its adoption: SR 389. By Senators Dean of the 31st and Deal of the 49th: A resolution amending the Rules of the Senate. 938 JOURNAL OF THE SENATE The Senate Committee on Rules offered the following substitute to SR 389: 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 as follows: Amend Rule 16 by striking the fourth and fifth sentences which read as follows: "The President shall be allowed to name not more than two pages per day during each day of any regular session. There shall be no more than thirty (30) pages per day.", and inserting in lieu thereof two new sentences to read as follows: "The President shall be allowed to name for each day of any regular session such num ber of pages as may be determined by the President. There shall be no more than thirty (30) pages per day, except that pages named by the President shall not count against this limit." Amend Rule 28 by renumbering Item 18 as Item 19 and adding a new Item 18 which reads as follows: "18. General Consent Calendar for Population Bills". Amend Rule 111 by adding two new paragraphs which read as follows: "All general bills using classification by population as a means of determining the appli cability of any bill to any political subdivision, groups of political subdivisions or standard metropolitan statistical areas shall be placed on a Consent Calendar for general population bills. This calendar must be placed on each Senator's desk by or before the time of the second reading and on the next legislative day shall be put to the Senate for a vote on the electronic roll call system as a group at the time provided in the order of business (Senate Rule No. 28, Item 18); and the question shall be whether all bills on the General Consent Calendar for Population shall pass. Before the time the General Consent Calendar is put to a vote, if three members of the Senate, one of whose district is directly affected, object (in writing on forms furnished by the Secretary) to the inclusion of any bill on the General Consent Calendar, the bill on which the objection is made shall be placed at the top of the calendar of bills then in order for a third reading." Amend Rule 185 by striking the first paragraph and inserting in lieu thereof a new first paragraph of Rule 185 to read as follows: "Rule 185. The President shall appoint the following standing committees, which shall not exceed the following number of Senators each: AGRICULTURE - 5 APPROPRIATIONS - 32 BANKING AND FINANCIAL INSTITUTIONS - 15 CONSUMER AFFAIRS - 5 CORRECTIONS - 10 DEFENSE AND VETERANS AFFAIRS - 5 ECONOMIC DEVELOPMENT - ? 8 EDUCATION - W 14 ETHICS - 7 FINANCE AND PUBLIC UTILITIES - 13 GOVERNMENTAL OPERATIONS - 10 THURSDAY, FEBRUARY 20, 1992 939 HEALTH AND HUMAN SERVICES - 11 HIGHER EDUCATION - 8 INSURANCE AND LABOR - 8 INTERSTATE COOPERATION - 5 JUDICIARY - 8 NATURAL RESOURCES - 13 PUBLIC SAFETY - 5 REAPPORTIONMENT - 18 RETIREMENT - 6 RULES - 15 SPECIAL JUDICIARY - 7 TRANSPORTATION - 13 URBAN AND COUNTY AFFAIRS - 7 YOUTH, AGING AND HUMAN ECOLOGY - 10". On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggms Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey p^y Starr Steinberg Tate Tavlor i,*ylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Dawkins Deal Gillis Robinson Scott Shumake On the adoption of the resolution, the yeas were 50, nays 0. 940 JOURNAL OF THE SENATE The resolution, having received the requisite constitutional majority, was adopted by substitute. Senator Gillis of the 20th introduced Mercer Medical College students from Macon, Georgia. SENATE CALENDAR Thursday, February 20, 1992 NINETEENTH LEGISLATIVE DAY SB 517 Civil Action Jury Panels--demands for jury of twelve (Substitute) (S Judy--55th) SB 546 Trial Judges, Solicitors Retirement--county may supplement superior court judge (Ret--37th) SB 565 Paternity--procedures for declarations at birth (Substitute) (S Judy--23rd) SB 686 Executive Branch Agency, Department Publications--no names of officials (Sub stitute) Gov Op--30th) SB 699 Motor Carrier Vehicles--provision to withhold registration documents (F&PU--54th) SB 705 Elections--congressional district reapportionment (Substitute) (Reappor--30th) SR 471 Savannah River Nuclear Plant Funds--urge Congress divert to decontamination (Nat R--3rd) HB 37 Teachers Retirement--provisions on credit for former Employees' Retirement members (Ret--38th) HB 38 Employees' Retirement Disability Beneficiary--provisions on income limitations (Ret--38th) HB 39 Employees' Retirement--reestablishing certain former credit (Ret--38th) HB 41 Employees' Retirement--provide membership to new state agencies (Ret--24th) HB 801 District Attorneys' Retirement--superior court judge membership (Ret--24th) HB 1102 Downtown Development Authorities--may be designated as redevelopment agency (Substitute) (F&PU--47th) HB 1276 Child Support--income deduction when court orders health insurance (S Judy--45th) HB 1369 Elections--certain absentee applications by fax (Gov Op--25th) HB 1374 Contested Primaries, Elections--revise provisions (Gov Op--25th) HB 1380 Voter Registration Cards--conditions for county reimbursement when new cards (Gov Op--25th) HB 1471 Public Transportation--prohibit altered coin, card (Trans--1st) HR 645 Hall County--annexation of certain state property into corporate limits (F&PU--49th) HR 652 Mrs. Genevie Dickey--commend and designate Genevie Dickey Bridge (Trans--54th) HR 653 Samuel Frank Morast, Jr. Highway--designate (Trans--16th) HR 713 J. E. "Ted" McTyre Parkway--designate (Trans--31st) HR 722 Stribling Memorial Bridge--designate (Trans--50th) SB 550 Speed Radar--certain highway grades, hills (Pub S--36th) THURSDAY, FEBRUARY 20, 1992 941 The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 517. By Senator Henson of the 55th: A bill to amend Code Section 15-12-122 of the Official Code of Georgia Anno tated, relating to jury panels for civil actions, so as to change the provisions relat ing to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date. The Senate Committee on Special Judiciary offered the following substitute to SB 517: A BILL To be entitled an Act to amend Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, so as to change the provisions relating to jury panels in civil actions in the state courts and demands for a jury of 12; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-12-122 of the Official Code of Georgia Annotated, relating to jury panels for civil actions, is amended by striking paragraph (2) of subsection (a) and inserting in lieu thereof a new paragraph (2) to read as follows: "(2) In all civil actions in the state courts in which the claim for damages is greater than $10,000.00 $25,000.00, either party may demand in writing prior to the commencement of the trial term that the case be tried by a jury of 12. If such a demand is made, the judge shall follow the procedures for superior courts of subsection (b) of this Code section." Section 2. This Act shall become effective on July 1, 1992, and shall apply to the trial of civil actions in the state courts tried at trial terms commencing after July 1, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th BCCTMloualryetomnan Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill JTHHoIuohgongksis.onns Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd o_ v Sc^tt o0SQtt.. aemr. rb, erg Tate Tavlor Thompson Timmons Turner Tysinger White 942 JOURNAL OF THE SENATE Those not voting were Senators: Brown of 26th Dawkins Deal Hasty Ramsey Robinson Shumake Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Timmons of the llth introduced the family of Mr. Hugh D. Broome, recently deceased, regrets having been expressed by HR 737, adopted previously. The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 546. By Senators Clay of the 37th, Ragan of the 32nd, Thompson of the 33rd and Newbill of the 56th: A bill to amend Code Section 47-10-40 of the Official Code of Georgia Annotated, relating to membership in the Trial Judges and Solicitors Retirement Fund, so as to provide that the governing authority of a county may supplement the benefit of a superior court judge who is receiving benefits under such fund. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Charles C. Clay State Senator FROM: G. W. Hogan, State Auditor DATE: January 15, 1992 SUBJECT: Senate Bill 546 (LC 21 1370) Trial Judges and Solicitors Retirement Fund This bill would allow counties to supplement the retirement benefits paid to superior court judges who are members of the Trial Judges and Solicitors Retirement Fund. The county supplement would not be mandatory and may not exceed the percentage of the county salary supplement to the state salary paid to active superior court judges. 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: THURSDAY, FEBRUARY 20, 1992 943 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Garner Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Those not voting were Senators: Echols Gillis Hammill Hooks Perry Ragan of 10th Ray Robinson On the passage of the bill, the yeas were 44, nays 0. Perdue Phillips Pollard Ragan of 32nd Ramsey Scott Starr Steinberg Taylor Timmons Turner Tysinger Walker of 22nd White Shumake Tate Thompson Walker of 43rd The bill, having received the requisite constitutional majority, was passed. SB 565. By Senator Albert of the 23rd: A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide for declara tions of paternity; to provide for procedures for declarations at the time of birth. The Senate Committee on Special Judiciary offered the following substitute to SB 565: A BILL To be entitled an Act to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide for declarations of paternity; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, is amended by adding a new Code Section 19-7-54 to read as follows: "19-7-54. The paternity of a child may be established by a written statement of the father and mother made under oath acknowledging paternity pursuant to Code Section 3110-9. Such statement shall have the same legal effect as an order of a state or superior court determining paternity pursuant to this article." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. 944 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Brown of 26th Burton Coleman Collins DDaewalkins Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Huggins Johnson Kidd LMaanrgafbolred Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg T, Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Broun of 46th Clay Gillis Hooks Robinson 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. SB 699. By Senator Ramsey of the 54th: A bill to amend Code Section 48-9-38 of the Official Code of Georgia Annotated, relating to the registration of motor carrier vehicles, so as to provide for the with holding of registration documents from those carriers who have outstanding tax, penalty, or fee obligations to the state. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 of 46th Brown of 26th Burton Clay Coleman Dawkins Deal Dean Edge Egan English Foster Garner Hammill Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White THURSDAY, FEBRUARY 20, 1992 945 Those voting in the negative were Senators: Bowen Harris Ray Echols Perry Those not voting were Senators: Alien Collins Gillis Moye Robinson Shumake On the passage of the bill, the yeas were 45, nays 5. The bill, having received the requisite constitutional majority, was passed. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. HB 37. By Representative Cummings of the 17th: A bill to amend Article 5 of Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Teachers Retirement System of Georgia, so as to change the provisions relating to mem bers who are former members of the Employees' Retirement System of Georgia. Senate Sponsor: Senator Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings State Representative FROM: G. W. Hogan, State Auditor DATE: July 12, 1991 SUBJECT: House Bill 37 (Substitute) (LC 21 1219S) Teachers Retirement System This bill changes the provisions relating to former members of the Employees' Retire ment System who transfer service credit and accumulated contributions to the Teachers Retirement System. The Employees' Retirement System would pay an employer contribu tion of six percent plus regular interest for each transferring member. Also, the employee shall be required to make additional contributions to the Teachers Retirement System so that the employee's retirement account is equal to that of other employees with the same amount of service. In the absence of payment, employees' accounts will be adjusted in pro portion to the amount transferred from the Employees' Retirement System. The bill also changes provisions relating to contributions previously withdrawn by an employee while a member of the Employees' Retirement System. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor 946 JOURNAL OF THE SENATE 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 37 (LC 21 1219S) Employees' Retirement System This bill changes the provisions relating to former members of the Employees' Retire ment System who transfer service credit and accumulated contributions to the Teachers Retirement System. The Employees' Retirement System would pay an employer contribu tion of six percent plus regular interest for each transferring member. Also, the employee shall be required to make additional contributions to the Teachers Retirement System so that the employee's retirement account is equal to that of other employees with the same amount of service. In the absence of payment, employees' accounts will be adjusted in pro portion to the amount transferred from the Employees' Retirement System. The bill also changes provisions relating to contributions previously withdrawn by an employee while a member of the Employees' Retirement System. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 11,875* (2) The amount of annual normal cost which will result from the bill. $ 0* (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14%* (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 11,875* *It is not known how many employees would elect to transfer from the Employees' Retire ment System. Assumes five members earning $25,000 each transfer two years of service credit. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor THURSDAY, FEBRUARY 20, 1992 947 BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 September 25, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 37 (LC 21 1219S) As requested, we have made an actuarial investigation of the impact of House Bill 37 (LC 21 1219S) on the Employees' Retirement System and the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would change the provisions relating to service creditable toward retirement under the Teachers' Retirement System of members who are former members of the Em ployees' Retirement System. The Employees' Retirement System shall pay an employer contribution plus regular interest to the Teachers' Retirement System for each member transferring service credits and accumulated contributions to the Teachers' Retirement Sys tem. The amount of such employer contributions shall be 6 percent of the reported compen sation of the member while a member of said employees' retirement system. The Employ ees' Retirement System will pay an additional amount of retirement contributions to adjust the amount of employee contributions required for service credit under the Teachers' Re tirement System. It is our understanding that as a result of this legislation, the Employees' Retirement System will pay an additional 4- 3/4% of compensation for transferred service credits that would otherwise have been paid by the employee. No additional benefits will be granted. The additional employer cost under the Employees' Retirement System for a member earn ing $25,000 who transfers two years of service credit would be about $2,375. If five such members transfer in a year, the annual employer cost would be $11,875. The other provisions of this legislation will have no net fiscal impact on the Teachers' Retirement System or the Employees' Retirement System. The following table shows the unfunded actuarial accrued liability and recommended employer contributions under the Employees' Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. 948 JOURNAL OF THE SENATE Unfunded Actuarial Accrued Liability Annual Contribution Before Amendment $ 1,053,440 Annual % Amount After Amendment $ 1,053,452 Annual % Amount Increase $ 12 Annual % Amount Normal 4.97% $ 79,520 4.97% $ 79,520 0% $0 Accrued Liability 5.67 90,720 5.67 90,732 0 12 Cost-of-Living 1.75 28,000 1.75 28,000 0 0 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,252 0% $ 12 4.75 76,000 4.75 76,000 0 0 Total 17.14% $ 274,240 17.14% $ 274,252 0% $ 12 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the Employees' Retire ment System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson Mr. Gerald Gilbert /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun of 46th Brown of 26th Coleman Dean Echols English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Pollard Ragan of 10th Ramsey Ray Scott Steinberg Tate Taylor Turner Walker of 43rd White Those voting in the negative were Senators: Baldwin Burton Edge Egan Collins Dawkins Newbi11 Perry Phillips Ragan of 32nd Thompson Tysinger Those not voting were Senators: Deal (presiding) Gillis Langford Robinson Shumake THURSDAY, FEBRUARY 20, 1992 949 Starr Timmons Walker of 22nd On the passage of the bill, the yeas were 35, nays 13. The bill, having received the requisite constitutional majority, was passed. HB 38. By Representative Cummings of the 17th: A bill to amend Code Section 47-2-125 of the Official Code of Georgia Annotated, relating to restoration to service and income limitations on disability benefi ciaries under the Employees' Retirement System of Georgia, so as to change the provisions relating to income limitations. Senate Sponsor: Senator Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 8, 1991 SUBJECT: House Bill 38 (LC 7 7796) Employees' Retirement System This bill relates to restoration of service and income limitations on disability benefi ciaries under the Employees' Retirement System and changes the provisions relating to in come limitations. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor 950 JOURNAL OF THE SENATE 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 38 (LC 7 7796) Employees' Retirement System This bill relates to restoration of service and income limitations on disability benefi ciaries under the Employees' Retirement System and changes the provisions relating to in come limitations. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 800* (2) The amount of annual normal cost which will result from the bill. $ 0* (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14%* (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___800* *The number of employees affected by this bill is unknown. The cost estimate is per mem ber affected. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor THURSDAY, FEBRUARY 20, 1992 951 BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 October 29, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 38 (LC 7 7796) As requested, we have made an actuarial investigation of the impact of House Bill 38 (LC 7 7796) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would increase the earnings limitation for disability retirees from average final compensation to earnable compensation. As a result of this legislation, a member may con tinue to receive benefits who otherwise would have had payments stopped due to the previ ous lower earnings limitation. Such cessation of benefits would probably only last one month. If one member with an $800.00 monthly disability benefit is affected, the additional annual cost would be $800.00. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Before Amendment After Amendment Increase Unfunded Actuarial Accrued Liability $ 1,053,440 $ 1,053,441 $ 1i Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal Accrued Liability Cost-of-Living 4.97% 5.67 1.75 $ 79,520 4.97% 90,720 5.67 28,000 1.75 $ 79,520 90,721 28,000 0% $ 0 0 1 0 0 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,241 4.75 76,000 4.75 76,000 0% $ 1 0 0 Total 17.14% $ 274,240 17.14% $ 274,241 0% $ 1 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 952 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Scott Starr Steinberg Tate Thompson Timmons Turner Walker of 22nd White Voting in the negative was Senator Tysinger. Those not voting were Senators: Clay Dawkins Deal (presiding) Langford Ragan of 32nd Robinson Shumake Taylor Walker of 43rd On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 39. By Representative Cummings of the 17th: A bill to amend Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to the Employees' Retirement System of Georgia, so as to change the provisions relating to the reestablishment of creditable service for members who are former members of the Teachers Retirement System of Georgia or the Em ployees' Retirement System of Georgia. Senate Sponsor: Senator Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings State Representative FROM: G. W. Hogan, State Auditor DATE: July 12, 1991 SUBJECT: House Bill 39 (Substitute) (LC 21 1229S) Employees' Retirement System This bill changes the provisions relating to the reestablishment of creditable service in THURSDAY, FEBRUARY 20, 1992 953 the Employees' Retirement System for members who may have withdrawn their accumu lated contributions from either the Employees' Retirement System or the Teachers Retire ment System. The bill requires the payment of regular interest and indicates an employer contribution rate of six percent will be used for members with Teachers Retirement System service credit. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. M G. W. Hogan State Auditor 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 39 (LC 21 1229S) Teachers Retirement System Employees' Retirement System This bill changes the provisions relating to the reestablishment of creditable service in the Employees' Retirement System for members who may have withdrawn their accumu lated contributions from either the Employees' Retirement System or the Teachers Retire ment System. The bill requires the payment of regular interest and indicates an employer contribution rate of six percent will be used for members with Teachers Retirement System service credit. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The actuary reported that the bill would be a nonfiscal retirement bill as defined in the Public Retirement System Standards Law. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment M G. W. Hogan State Auditor 954 JOURNAL OF THE SENATE BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 September 24, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 39 (LC 21 1229S) As requested, we have made an actuarial investigation of the impact of House Bill 39 (LC 21 1229S) on the Employees' Retirement System and the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36. It is our understanding that this Bill would codify present practice with regard to the transfer of service credits and contributions from the Teachers' Retirement System to the Employees' Retirement System. No additional benefits would be granted and employee pay ments would not be affected. We consider this Bill to be nonfiscal as defined in the Public Retirement System Stan dards Law. Sincerely yours, cc: Mr. Gerald Gilbert Mr. Rudolph Johnson Is/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bi8hop Bowen Broun of 46th Brown of 26th CTJoleman Echols English Foster Garner Gillis Hammill Harris Hasty Hill Hooks H^ JToh, BnBson Kidd Marable Moye Perdue Perry Pollard Ragan of 10th Ramsey Ray Scott g S_.tem. b, erg Tate Timmons Turner Walker of 43rd White Those voting in the negative were Senators: Albert Burton Clay Collins Edge Egan Newbill Phillips Tysinger THURSDAY, FEBRUARY 20, 1992 955 Those not voting were Senators: Dawkins Deal (presiding) Henson Langford Ragan of 32nd Robinson Shumake Taylor Thompson Walker of 22nd On the passage of the bill, the yeas were 37, nays 9. The bill, having received the requisite constitutional majority, was passed. HB 41. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to membership in the Employees' Retirement System of Georgia, so as to provide that full-time officers and employees of new state agen cies shall be members of the retirement system as a condition of employment without the necessity of further legislation to provide for such membership. Senate Sponsor: Senator Pollard of the 24th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 4, 1991 SUBJECT: House Bill 41 (LC 7 7803) Employees' Retirement System This bill would allow full-time officers and employees of new state agencies to be mem bers of the Employees' Retirement System. If enacted, this bill would become effective on July 1, 1992, if it is determined to have been concurrently funded as provided by the Public Retirement Systems Standards Law. This is to certify that this is a fiscal retirement bill as defined by the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor 956 JOURNAL OF THE SENATE 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 Bill Cummings, Chairman House Retirement Committee FROM: DATE: G. W. Hogan, State Auditor November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 41 (LC 7 7803) Employees' Retirement System This bill would allow full-time officers and employees of new state agencies to be mem bers of the Employees' Retirement System. If enacted, this bill would become effective on July 1, 1992, if it is determined to have been concurrently funded as provided by the Public Retirement Systems Standards Law. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ unknown (2) The amount of annual normal cost which will result from the bill. $ unknown (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). unknown (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ unknown It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment Is/ G. W. Hogan State Auditor THURSDAY, FEBRUARY 20, 1992 957 BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 September 25, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 41 (LC 7 7803) As requested, we have made an actuarial investigation of the impact of House Bill 41 (LC 7 7803) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide that full-time officers and employees of new state agencies shall be members of the Retirement System as a condition of employment without the necessity of further legislation to provide for such membership. The ultimate additional employer cost of this Bill cannot be measured in advance since the new state agencies and members are unknown. There will be no additional cost until new agencies are added. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Annual Contribution Before Amendment $ 1,053,440 Annual % Amount After Amendment $ 1,053,440 Annual % Amount Increase Annual % Amount Normal Accrued Liability Cost-of-Living 4.97% 5.67 1.75 $ 79,520 4.97% 90,720 5.67 28,000 1.75 $ 79,520 90,720 28,000 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,240 4.75 76,000 4.75 76,000 Total 17.14% $ 274,240 17.14% $ 274,240 Unknown The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 958 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Coleman Collins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Voting in the negative was Senator Burton. Those not voting were Senators: Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Dawkins Deal (presiding) Garner Henson Langford Robinson Shumake Timmons 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 801. By Representative Cummings of the 17th: A bill to amend Code Section 47-13-40.1 of the Official Code of Georgia Anno tated, relating to authority to maintain membership in the District Attorneys' Retirement System while holding office as a superior court judge, so as to provide that a superior court judge who was a former member of such retirement system at the time of taking office may elect to continue membership in such retirement system. Senate Sponsor: Senator Pollard of the 24th. THURSDAY, FEBRUARY 20, 1992 959 The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 31, 1991 SUBJECT: House Bill 801 (LC 21 0903) District Attorneys' Retirement System This bill would allow any superior court judge, who was a member of the District Attor neys' Retirement System at the time of taking office as a superior court judge, to elect to transfer membership to the District Attorneys' Retirement System. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 801 (LC 21 0903) District Attorneys' Retirement System This bill would allow any superior court judge, who was a member of the District Attor neys' Retirement System at the time of taking office as a superior court judge, to elect to transfer membership to the District Attorneys' Retirement System. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ N/A* (2) The amount of annual normal cost which will result from the bill. $ 13,315 (3) The employer contribution rate currently in effect. ___5.0% 960 JOURNAL OF THE SENATE (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). ___.75% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___0 "The actuarial funding method used to value this plan does not generate an unfunded actu arial accrued liability. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment Is/ G. W. Hogan State Auditor THE WYATT COMPANY SUITE 432 4170 ASHFORD DUNWOODY ROAD, N.E. ATLANTA, GEORGIA 30319 October 3, 1991 Hon. G. W. Hogan State Auditor Department of Audits Room 214 254 Washington Street, S.W. Atlanta, Georgia 30334-8400 Re: House Bill 801; LC 21 0903 Dear Mr. Hogan: As requested, we have made an actuarial investigation of the impact of HB 801; LC 21 0903 on the District Attorneys' Retirement System in accordance with the requirements of Code Section 47-20-36. The bill would permit certain superior court judges who were former members of the District Attorneys' Retirement System to transfer back to the System. The estimated increase in the employer contribution in accordance with minimum funding standards would be $13,315 in the first year. However, as indicated in the table below, the increase in the actual contribution being made would only be $3,528 in the first year since the actual contribution rate exceeds the required minimum rate of contribution. Because the actuarial cost method used for the System (the aggregate method) does not provide for the calculation of an unfunded accrued liability, there is no explicit unfunded accrued liability increase due to the proposed legislation. In effect, all unfunded liabilities are being amortized over the average future working lifetime of the active participants as a part of the normal cost. The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. THURSDAY, FEBRUARY 20, 1992 961 Before Legislation (1) After Legislation (2) Increase Due to Legislation (2) % of Payroll Amount % of Payroll Amount % of Payroll Amount Unfunded Actuarial Accrued Liability N/A N/A N/A N/A N/A N/A Annual Contribution Normal Cost .25% $ 6,395 .75% $ 19,710 .50% $ 13,315 Accrued Liability N/A N/A N/A N/A N/A N/A Employer Contribution Rate Currently in Effect 5.00% $ 128,609 5.00% <3) $ 132,137 o.oo% (3) $ 3,528 Employer Contribution Rate Recommended Due to Minimum Funding Standards .25% $ 6,395 .75% $ 19,710 .50% $ 13,315 (1) Based on District Attorneys' payroll as of July 1, 1990. (2) Based on District Attorneys' payroll as of July 1, 1990 plus payroll for the participant who would be eligible to transfer into the System under this amendment. (3) Assumes no increase since the current rate exceeds the required rate. We note that Section l(b)(2)(D) of the proposed legislation provides that the transfer ring judge will pay any "actuarial cost" attributable to the transfer. Because the term "actu arial cost" is not defined and it is not clear exactly what the judge would be required to pay, we have not taken any such payment into account in our calculations. In addition, the pro posed legislation would also decrease the contribution to the Superior Court Judges Retire ment System. The amount of this decrease has not been determined. Our calculations are based on the data and actuarial assumptions used for the July 1, 1990 actuarial valuation of the System, including the 7'/2% interest rate subsequently adopted by the Board of Trustees, and the information concerning the superior court judge affected by the bill submitted by the Department of Administrative Services. If you have any questions, please feel free to call. Sincerely, /s/ Laury S. Sikes Actuarial Assistant /s/ Frederick C. Mabry, F.S.A. Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable 962 JOURNAL OF THE SENATE Moye Newbill Sps Pollard Ragan of 10th Ragan of 32nd Ramsey St Starr Tate Taylor Timmons Tysmger White Those not voting were Senators: Dawkins Deal (presiding) Egan Hooks Langford Perdue Robinson Shumake Steinberg Thompson Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1102. By Representative Lane of the 27th: A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, Chapter 43 of Title 36 of the Official Code of Georgia Annotated, Chapter 44 of Title 36 of the Official Code of Georgia Annotated, and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelop ment agency. Senate Sponsor: Senator Johnson of the 47th. The Senate Committee on Finance and Public Utilities offered the following substitute to HB 1102: A BILL To be entitled an Act to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, the "Downtown Development Authorities Law," Chapter 43 of Title 36 of the Official Code of Georgia Annotated, the "City Business Improvement District Act," Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Redevelopment Powers Law," and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Urban Redevel opment Law," so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelopment agency; to provide definitions; to pro vide for the exercise of powers of eminent domain, with the approval of the municipal gov erning authority, by downtown development authorities and urban redevelopment agencies; to permit municipal corporations to contract with downtown development authorities for the implementation of projects within a city business improvement district; to authorize the creation of special districts by municipal corporations within a downtown area; to provide for the membership of downtown development authorities; to modify the provisions for property owner approval required to establish a city business improvement district; to pro vide for the preservation of historic property in urban redevelopment projects; to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the definition of "project"; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 42 of Title 36 of the Official Code of Georgia Annotated, the "Down town Development Authorities Law," is amended by striking paragraph (6) of Code Section 36-42-3, relating to definitions, and inserting in lieu thereof the following: "(6) 'Project' means the acquisition, construction, installation, modification, renovation, THURSDAY, FEBRUARY 20, 1992 963 or rehabilitation of land, interests in land, buildings, structures, facilities, or other improve ments located or to be located within the downtown development area, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connec tion with any such land, interest in land, building, structure, facility, or other improvement, any undertaking authorized by Chapter 36 of this title as part of a central business improve ment district, any undertaking authorized in Chapter 44 of this title, the "Redevelopment Powers Law," when the downtown development authority has been designated as a redevel opment agency, or any undertaking authorized in Chapter 61 of this title, the "Urban Rede velopment Law," when the downtown development authority has been designated as an urban redevelopment agency, all for the essential public purpose of the development of trade, commerce, industry, and employment opportunities in the downtown development area its authorized area of operation. A project may be for any industrial, commercial, business, office, parking, public, or other use, provided that a majority of the members of the author ity determine, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter. Such term shall include any one or more build ings or structures used or to be used as a not for profit hospital, not for profit skilled nurs ing home, or not for profit intermediate care home subject to regulation and licensure by the Department of Human Resources and all necessary, convenient, or related interests in land, machinery, apparatus, appliances, equipment, furnishings, appurtenances, site preparation, landscaping, and physical amenities." Section 2. Said chapter is further amended by striking Code Section 36-42-4, relating to creation of downtown development authorities, and Code Section 36-42-7, relating to quali fications of downtown development directors, and inserting in lieu thereof the following: "36-42-4. There is created in and for each municipal corporation in this state a public body corporate and politic to be known as the downtown development authority of such municipal corporation, which shall consist of a board of seven directors. The governing body of the municipal corporation shall appoint two members of the first board of directors for a term of two years each, two for a term of four years each, and three for a term of six years each. The governing body of the municipal corporation may appoint one of its elected mem bers as a member of the downtown development authority. After expiration of the ii tial terms, except for the director who is also a member of the governing body of the municipal corporation, the terms of all directors shall be six years. The term of a director who is also a member of the governing body of a municipal corporation shall end when such director is no longer a member of the governing body of the municipal corporation. If at the end of any term of office of any director a successor to such director has not been elected, the director whose term of office has expired shall continue to hold office until his successor is elected. A majority of the board of directors shall constitute a quorum." "36-42-7. (a) Directors shall be: (1) Taxpayers residing in the municipal corporation for which the authority is created; (2) Owners or operators of businesses located within the downtown development area and who shall be taxpayers residing in the county in which is located the municipal corpora tion for which the authority is created; or (3) Persons having a combination of the qualifications specified in paragraphs (1) and (2) of this subsection; provided, however, that one of such directors may be a member of the governing body of the municipal corporation. (b) Not less than four of the directors having the qualifications specified in subsection (a) of this Code section shall be persons who, in the judgment of the governing body of the municipal corporation, either have or represent a party who has an economic interest in the redevelopment and revitalization of the downtown development area. Successors to the di rectors shall be appointed by the governing body of the municipal corporation. (c) The directors shall elect one of their members as chairman and another as vice 964 JOURNAL OF THE SENATE chairman and shall also elect a secretary and a treasurer or a secretary-treasurer, either of whom may but need not be a director. The directors shall receive no compensation for their services but shall be reimbursed for actual expenses incurred by them in the performance of their duties. Each authority shall have perpetual existence. (d) Except for a director who is also a member of the governing body of a municipal corporation, each director shall attend and complete at least eight hours of training on downtown development and redevelopment programs within the first 12 months of a direc tor's appointment to the downtown development authority. Directors in office on January 1, 1992, shall be exempt from this requirement unless reappointed for an additional term." Section 3. Said chapter is further amended by striking paragraphs (20) and (21) of Code Section 36-42-8, relating to powers of authorities, and inserting in lieu thereof the following: "(20) To exercise any power granted by the laws of this state to pubic or private corpo rations which is not in conflict with the public purpose of the authority; and (21) To do all things necessary or convenient to carry out the powers conferred by this chapter^ (22) To serve as an urban redevelopment agency pursuant to Chapter 61 of this title; (23) To contract with a municipal corporation to carry out supplemental services in a city business improvement district established pursuant to Chapter 43 of this title; and (24) To serve as a redevelopment agency pursuant to Chapter 44 of this title." Section 4. Said chapter is further amended by inserting, following Code Section 36-42-8, a new Code Section 36-42-8.1 to read as follows: "36-42-8.1. (a) Except as otherwise provided in subsection (c) of this Code section, a municipality or a downtown development authority shall have the right to acquire, by exer cise of the power of eminent domain, any real property which it may deem necessary for its purposes under this chapter after its adoption of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A municipality or a downtown development authority may exercise the power of eminent domain in the manner provided in Title 22 or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of such power. Property already devoted to a public use may be acquired, provided that no real property belonging to the municipality, a county, the state, or any political subdivision thereof may be acquired with out its consent. (b) Whenever condemnation proceedings are instituted and carried on by a municipal ity or downtown development authority in accordance with subsection (a) of this Code sec tion or through any other method of condemnation provided by law, upon the payment by the municipality or county seeking condemnation of the amount of the award and final judgment on appeal, the municipality or downtown development authority shall become vested with a fee simple indefeasible title to the property to which the condemnation pro ceedings relate. (c) A downtown development authority may not acquire real property through the exer cise of the power of eminent domain until the following conditions and requirements have been met: (1) The proposed rehabilitation of the property must be set forth in a downtown devel opment plan adopted by the municipality and incorporated in any comprehensive plan of the municipality submitted to the Department of Community Affairs pursuant to Chapter 70 of this title; (2) The governing body of the municipality shall adopt a resolution approving the pro posed use of eminent domain power by the downtown development authority; (3) The downtown development authority shall, in writing, notify the owner of the real property proposed to be acquired of the planned rehabilitation of the property as set forth THURSDAY, FEBRUARY 20, 1992 965 in the downtown development plan for the downtown development area wherein the prop erty is located; (4) Within 30 days after being so notified, the owner of the property shall have the option of notifying the downtown development authority, in writing, of his willingness and intention to rehabilitate and maintain the property in accordance with the downtown devel opment plan. In the event of multiple ownership of the property, unanimous agreement by the owners shall be required, and the failure of any one owner to notify the downtown de velopment authority within the time limitations specified in this paragraph of his willing ness and intention to rehabilitate and maintain the property in accordance with the down town development plan shall be deemed to be a failure to exercise the option provided in this paragraph; and (5) The owner of such property may execute an agreement with the downtown develop ment authority to rehabilitate the property in accordance with the downtown development plan. Any such agreement shall be as the downtown development authority deems necessary and appropriate as to form and content. In connection therewith, the downtown develop ment authority shall have the right to require sufficient performance, payment, and comple tion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph (4) of this subsection shall no longer apply, and the property may be acquired by the downtown development authority by purchase or through the exercise of the power of eminent domain. In the alternative, the downtown development authority may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the downtown development authority or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the downtown development authority may implement those por tions of the downtown development plan with respect to such property to the extent the authority deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as a lien for taxes." Section 5. Said chapter is further amended by adding, following Code Section 36-42-15, a new Code Section 36-42-16 to read as follows: "36-42-16. Pursuant to Article IX, Section II, Paragraph VI of the Constitution of the State of Georgia, municipalities may create one or more special districts within the area of operation of a downtown development authority for the purpose of levying and collecting taxes, fees, or assessments to pay the cost of any project or to support the exercise of any other powers which the authority may possess." Section 6. Chapter 43 of Title 36 of the Official Code of Georgia Annotated, the "City Business Improvement District Act," is amended by striking Code Section 36-43-4, relating to powers of municipalities with respect to city business improvement districts, Code Sec tion 36-43-5, relating to the manner of adoption of a district plan, and Code Section 36-43-6, relating to financing of such districts, and inserting in lieu thereof the following: "36-43-4. Upon the establishment of any city business improvement district pursuant to this chapter, the governing authority of any municipality to which this chapter is applicable shall have authority to exercise the following powers with respect to each such district, sub ject to this chapter: (1) To adopt a district plan for the provision of supplemental services to the district and to adopt budgets for the implementation of such supplemental services; (2) To fix and levy annually a millage upon real and personal property within the dis trict, to make such assessments liens upon the properties, and to enforce such liens in the same manner as other city taxes; (3) To provide supplemental services or to contract with nonprofit corporations or to contract with downtown development authorities established pursuant to Chapter 42 of this title for all or part of the supplemental services required to implement the plan; 966 JOURNAL OF THE SENATE (4) To mandate design and rehabilitation standards for buildings located within the district subject to any existing or established historic preservation requirements or ordi nances; and (5) To levy and collect a surcharge on existing business license and occupation taxes upon businesses and occupations within the district^ and to enforce liens for nonpayment of said surcharges in the same manner as other city taxes. 36-43-5. The governing authority of any municipality to which this chapter is applicable may create city business improvement districts by the adoption of district plans, as follows: (1) No such plan may be adopted except upon a written petition signed and acknowl edged by either: (A) At least TO 51 percent of the municipal taxpayers (as shown by the most recent list of taxpayers billed by the municipality) of the district proposed for creation or extension; or (B) Municipal taxpayers owning at least TO 51 percent (by assessed value as shown by the most recent assessment rolls of the municipality) of the taxable property subject to ad valorem real and personal property taxation in the district; (2) Such petition must be accompanied by a proposed district plan, to include a budget, a formula for imposing assessments on the taxpayers within the district, and design and rehabilitation standards, if desired; (3) The petition shall be presented to the governing authority of the municipality, which shall refer it to the appropriate municipal departments for review of its sufficiency, reasonableness of assessments, and financial feasibility of the plan. These departments shall submit to the governing authority reports which shall approve of, disapprove of, or give qualified approval with modifications to the district plan, with reasons therefor. The gov erning authority shall hold a public hearing on the issue of whether such district should be created, provided that notice of the hearing shall be placed in a newspaper of general circu lation in the community at least ten days prior to the date of the hearing. The governing authority may approve, approve with modifications, or disapprove the plan; and (4) Any district plan thus adopted may be amended from time to time or rescinded; or its budget may be revised by ordinance. 36-43-6. The expense incurred in the provision of supplemental services within a dis trict shall be financed in accordance with the district plan upon which the establishment or extension of the district was based, provided that the cost of supplemental services shall not include the cost to the district of services performed by the municipality on a city-wide basis. Property Any property tax charges ad or business license fee and occupation tax surcharges shall be levied and collected in the same manner, at the same time, and by the same officers as other city taxes and assessments." Section 7. Chapter 44 of Title 36 of the Official Code of Georgia Annotated, the "Rede velopment Powers Law," is amended by striking paragraph (7) of Code Section 36-44-3, relating to definitions, and inserting in lieu thereof the following: "(7) 'Redevelopment area' means: (A) Any urbanized and developed area in which the structures, buildings, or improve ments, by reason of dilapidation, deterioration, age, or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and over crowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of dis ease, infant mortality, high unemployment, juvenile delinquency, or crime and is detrimen tal to the public health, safety, morals, or welfare; (B) Any urbanized or developed area which by reason of the presence of a predominant number of substandard, slum, deteriorated, or deteriorating structures; the predominance of defective or inadequate street layout, inadequate parking, roadways, bridges, or public transportation facilities incapable of handling the volume of traffic flow into or through the THURSDAY, FEBRUARY 20, 1992 967 area, either at present or following proposed redevelopment; the faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or unsafe conditions?; deterioration of site or other improvements; the diversity of ownership, tax, or special assessment delin quency exceeding the fair value of the land; diversity of ownership on defective or unusual conditions of title which prevent or encumber the free alienability of land; or the existence of conditions which endanger life or property by fire and other causes; or any combination of the foregoing, substantially impairs or arrests the sound growth of the community, retards the provision of housing accommodations or employment opportunities; or consti tutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use; (C) Any open area located within an urbanized or developed area within the corporate limits of a municipality which ia predominantly open and which because of obsolete plat ting, diversity of ownership, deterioration of atructurca of of aite improvements, or otherwise any factor or combination of factors enumerated in subparagraph (A) or (B) of this para graph substantially impairs or arrests the sound growth of the community; (D) Any area located within an urbanized or developed area and which, immediately prior to becoming an open area, qualified as a redevelopment area under subparagraph (A) or (B) of this paragraph; (E) Any area located within an urbanized or developed area which is substantially un derutilized by containing open lots or parcels of land or by containing a substantial number of buildings or structures which are 40 years old or older or by containing structures or buildings of relatively low value as compared to the value of structures or buildings in the vicinity of the area or by having development impaired by airport and related transporta tion noise or by related environmental factors or an area in which there is a shortage of housing that is affordable for persons of low or moderate income which the local legislative body designates as appropriate for community redevelopment or by any combination of the foregoing factors; or (F) Any area combining any factors specified in subparagraphs (A) through (E) of this paragraph." Section 8. Said chapter is further amended by striking subsection (a) of Code Section 36-44-4, relating to creation of a redevelopment agency, and inserting in lieu thereof the following: "(a) As an alternative to the creation of a redevelopment agency provided for by sub sections (b) through {e} (f) of this Code section, the local legislative body of a political sub division, by resolution, may designate itself as its respective redevelopment agency and may exercise, within its respective area of operation, the redevelopment powers provided by this chapter." Section 9. Said chapter is further amended by adding, following subsection (e) of Code Section 36-44-4, relating to creation of a redevelopment agency, a new subsection (f) to read as follows: "(0 For purposes of redevelopment in its downtown area, any municipality may desig nate a downtown development authority created pursuant to Chapter 42 of this title to serve as a redevelopment agency. Such designation shall not affect any other redevelopment agency that may exist as a part of the municipality. The area of operation of any downtown development agency designated as a redevelopment agency pursuant to this subsection shall not exceed the area of operation of the downtown development authority established pursu ant to Chapter 42 of this title." Section 10. Said chapter is further amended by striking subsection (b) of Code Section 968 JOURNAL OF THE SENATE 36-44-6, relating to delegation of redevelopment powers to the agency by local body, in its entirety and inserting in lieu thereof new subsections (b) and (c) to read as follows: "(b) Any delegation of redevelopment powers pursuant to the authority of subsection (a) of this Code section shall be limited by the following requirements: (1) Any redevelopment plan must be approved by resolution of the local legislative body of the political subdivision as a condition precedent to the implementation of said redevelopment plan, and such approval shall be subject to the requirements of Code Section 36-44-7; (2) The boundaries of any redevelopment area must be described by resolution of the local legislative body of the political subdivision; (3) A tax allocation district must be created by resolution of the local legislative body of the political subdivision; (4) The issuance of any tax allocation bonds shall be by resolution of the local legisla tive body of the political subdivision; (5) T-he Except as provided in subsection (c) of this Code section, the power of eminent domain may only be exercised under this chapter by the local legislative body of a political subdivision; and (6) A local legislative body may not delegate to a redevelopment agency created under subsection (b), (c), (d), or (e) of Code Section 36-44-4 any urban redevelopment project powers except those which may be conferred on an urban redevelopment agency under Code Section 36-61-17 of the 'Urban Redevelopment Law.' (c) A downtown development authority which has been designated as a redevelopment agency pursuant to this chapter may exercise the powers of eminent domain subject to the procedures established in Chapter 42 of this title." Section 11. Chapter 61 of Title 36 of the Official Code of Georgia Annotated, the "Ur ban Redevelopment Law," is amended by inserting, following paragraph (6) of Code Section 36-61-2, relating to definitions, a new paragraph (7) to read as follows: "(1) 'Downtown development authority' means an authority created pursuant to Chap ter 42 of this title.", and by renumbering the remaining paragraphs accordingly. Section 12. Said chapter is further amended by striking paragraph (17) of Code Section 36-61-2, relating to definitions, and inserting in lieu thereof the following: "(17) 'Slum area' means an area in which there is a predominance of buildings or im provements, whether residential or nonresidential, which by reason of dilapidation, deterio ration, age, or obsolescence; inadequate provision for ventilation, light, air, sanitation, or open spaces; high density of population and overcrowding; existence of conditions which endanger life or property by fire and other causes; or any combination of such factors is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. 'Slum area' also means an area which by reason of the presence of a substantial number of slum, deterio rated, or deteriorating structures; predominance of defective or inadequate street layout; faulty lot layout in relation to size, adequacy, accessibility, or usefulness; unsanitary or un safe conditions; deterioration of site or other improvements; tax or special assessment delin quency exceeding the fair value of the land; the existence of conditions which endanger life or property by fire and other causes; by having development impaired by airport or trans portation noise or by other environmental hazards; or any combination of such factors sub stantially impairs or arrests the sound growth of a municipality or county, retards the provi sions of housing accommodations, or constitutes an economic or social liability and is a menace to the public health, safety, morals, or welfare in its present condition and use." THURSDAY, FEBRUARY 20, 1992 969 Section 13. Said chapter is further amended by striking paragraphs (2) and (8), respec tively, of Code Section 36-61-8, relating to urban redevelopment powers of municipalities and counties, in their entirety and inserting in lieu thereof the following: "(2) To provide, to arrange, or to contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with an urban redevelopment project and to install, construct, and reconstruct streets, utilities, parks, playgrounds, and other public improve ments, provided that neither the municipality or county itself nor an urban redevelopment agency or housing authority or downtown development authority acting pursuant to an elec tion under Code Section 36-61-17 shall provide, install, or construct any public utility of the same kind or character as an existing utility operating in the municipality or county if such existing utility is providing reasonably adequate and proper service, as determined by the Public Service Commission; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or to compliance with labor standards in the undertaking or carrying out of an urban redevelopment project, and to include, in any contract let in connection with such a project, provisions to fulfill such of such conditions as it may deem reasonable and appropriate;". "(8) To appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this chapter and to levy taxes and assessments for such purposes; to close, vacate, plan, or replan streets, roads, sidewalks, ways, or other places; to plan or replan, zone, or rezone any part of the municipality or county or make exceptions from building regulations; and to enter into agreements, under Code Section 36-61-17, with a housing authority, a downtown development authority, or an urban redevelopment agency vested with urban redevelopment project powers, {which agreements may extend over any period, notwithstanding any provision or rule of law to the contrary for up to 50 years) respecting action to be taken by such municipality or county pursuant to any of the powers granted by this chapter. The reasonable costs of removing, relocating, and rearranging pub lic utility facilities within urban renewal areas may constitute a cost of carrying out the purposes of this chapter, and every municipality and county may, in their discretion, pay such reasonable costs or any portion thereof;". Section 14. Said chapter is further amended by striking subsection (c) of Code Section 36-61-9, relating to exercise of the power of eminent domain, in its entirety and inserting in lieu thereof the following: "(c) Unless the property is to be acquired for the purpose of devoting it to a public use, a municipality or county may not acquire real property through the exercise of the power of eminent domain pursuant to subsection (a) of this Code section until the following condi tions and requirements have been met: (1) The municipality or county which adopted the urban redevelopment plan has ap proved a resolution authorizing the exercise of the power of eminent domain by the agency to acquire the property; 4i) (2) The municipality or county shall, in writing, notify the owner of the real prop erty proposed to be acquired of the planned s rehabilitation of the property as set forth in the urban redevelopment plan for the urban redevelopment area wherein the property is located?; {2} (3) Within 30 days after being so notified, the owner of the property shall have the option oTnotifying the municipality or county, in writing, of his willingness and intention to develop rehabilitate and maintain the property in accordance with the urban redevelopment plan. In the event of multiple ownership of the property, unanimous agreement by the own ers shall be required; and the failure of any one owner to notify the municipality or county, within the time limitation specified in this paragraph, of his willingness and intention to develop rehabilitate and maintain the property in accordance with the urban redevelopment plan shall be deemed to be a failure to exercise the option provided in this paragraph?; 970 JOURNAL OF THE SENATE (3) When the owncF of such real property exercises the option provided by paragraph 4f-e this aubaection, the municipality of county ahull make an investigation to determine the-afe&ty of the owner to develop and maintain the property in accordance with the urban redevelopment plan. In making gueh investigation, the municipality or county shall examine the financial and legal ability of the owner and auch other factors as may be relevant to making the determination. (4) If the municipality or county dcterminca that the owner of auch real property haa the ability to develop and maintain the property in accordance with the urban redevelop ment plan, the The owner ahall have the right to retain ownership of the property by cceatmg may execute an agreement with the municipality or county to develop and maintain rehabilitate the property in accordance with the urban redevelopment plan. Any such agreement shall be as the municipality or county deems necessary and appropriate as to form and content; in connection therewith, the municipality or county shall have the right to require sufficient performance, payment, and completion bonds. In the event that any such owner, at any time, fails to comply with or defaults in the performance of the provisions of the agreement, such property shall no longer be subject to the agreement, the option provided by paragraph {2} (3) of this subsection shall no longer apply, and the property may be ac quired by the municipality or county by purchase or through the exercise of the power of eminent domainr-m. In the alternative, the municipality or county may either specifically enforce the agreement, exercise any rights under any bonds which may have been required, and obtain any other legal or equitable relief as may be available to the municipality or county or, if the owner fails to exercise the option to rehabilitate the property or defaults on the agreement to rehabilitate the property, the municipality or county may implement those portions of the urban development plan with respect to such property to the extent the municipality or county deems necessary and the costs of implementing such plan shall be a lien against the property enforceable in the same manner as tax liensT" Section 15. Said chapter is further amended by striking subsection (a) of Code Section 36-61-17, relating to the exercise of urban redevelopment powers by counties and municipal ities, in its entirety and inserting in lieu thereof the following: "(a) A municipality or county may itself exercise its 'urban redevelopment project pow ers,' as defined in subsection (b) of this Code section, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban redevelopment agency created by Code Section 36-61-18 or by a housing authority, if one exists or is subsequently established in the community, or by an existing or subsequently established downtown development authority. In the event that the local governing body makes such determination, the urban redevelopment agency or the housing authority or downtown development authority, as the case may be, shall be vested with all of the 'urban redevelopment project powers' of the municipality or county conferred in this chapter, in the same manner as though all such powers were conferred on the agency or authority instead of the municipality or county; and any public body may cooperate with the urban redevelopment agency or housing authority or the downtown development au thority to the same extent that it could cooperate with the municipality or county itself if the municipality or county were exercising its urban redevelopment project powers. If the local governing body does not elect to make such determination, the municipality or county in its discretion may exercise its urban redevelopment project powers through a board or commissioner or through such officers of the municipality or county as the local governing body may by resolution determine." Section 16. Said chapter is further amended by striking subsection (b) of Code Section 36-61-18, relating to creation of an urban redevelopment agency, in its entirety and inserting in lieu thereof the following: "(b) If the urban redevelopment agency is authorized to transact business and exercise powers under this Code section, the mayor, by and with the advice and consent of the local governing body, or the board of commissioners or other governing body of the county shall appoint a board of commissioners of the urban redevelopment agency, which shall consist of THURSDAY, FEBRUARY 20, 1992 971 such number of commissioners, with such terms of office, as shall be determined by the local governing body. If the governing body of a municipality designates members of a downtown development authority as an urban redevelopment agency, the method of appointment, number of commissioners, and terms of office shall be in conformity with the requirements of Code Section 36-42-471 Section 17. Said chapter is further amended by striking subsection (b) of Code Section 36-61-19, relating to acquisition by redevelopment agency employee of interest in redevelop ment project of the agency, in its entirety and inserting in lieu thereof the following: "(b) Ne Except for directors of a downtown development authority designated as an urban redevelopment agency pursuant to this chapter, no commissioner or other officer of any housing authority, urban redevelopment agency, board, or commission exercising powers pursuant to this chapter shall hold any other public office under the municipality or county other than his commissionership or office with respect to such housing authority, urban re development agency, board, or commission." Section 18. Chapter 62 of Title 36 of the Official Code of Georgia Annotated, the "De velopment Authorities Law," is amended by striking from Code Section 36-62-2, relating to definitions, the word "and" at the end of subparagraph (L) of paragraph (6); by striking the symbol "." at the end of subparagraph (M) of such paragraph and inserting in lieu thereof the symbol and word "; and"; and by inserting at the end of such paragraph the following: "(N) The acquisition, construction, installation, modification, renovation, or rehabilita tion of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fix tures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential public purpose of the development of trade, com merce, industry, and employment opportunities. A project may be for any industrial, com mercial, business, office, parking, public, or other use, provided that a majority of the mem bers of the authority determines, by a duly adopted resolution, that the project and such use thereof would further the public purpose of this chapter." Section 19. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien . Baldwin Bishop Bowen Broun of 46th Clay Coleman Collins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons 972 JOURNAL OF THE SENATE Turner Tysinger White Voting in the negative were Senators Burton and Phillips. Those not voting were Senators: Brown of 26th Dawkins Deal (presiding) Egan Langford Shumake Steinberg Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 45, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1276. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 6 of Title 19 of the Official Code of Georgia Annotated, relating to alimony and child support generally, so as to provide for income de duction for the payment of accident and sickness insurance if a court order for child support includes provision for such coverage. Senator Sponsors: Senators Dawkins of the 45th and 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 Bishop Broun of 46th Brown of 26th Burton CC,, oo,llleimnsan DDaewankins Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill T HMTouogk1gsins JKoihdndson Marable Moye Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^ay Robinson 0 ,. O SQC t. eO..nttb, erg T_,aay,lor Thompson Timmons Turner Tysinger White Those not voting were Senators: Bowen Clay Deal (presiding) Langford Perry Shumake Starr Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. THURSDAY, FEBRUARY 20, 1992 973 Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:13 o'clock P.M. until 1:30 o'clock P.M. At 1:30 o'clock P.M., the President called the Senate to order. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 705. By Senators Garner of the 30th, Dean of the 31st and Kidd of the 25th: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date. The Senate Committee on Reapportionment offered the following substitute to SB 705: A BILL To be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to make certain provisions relative to certain boards and bodies; 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 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, is amended by striking Code Section 212-3, relating to definitions and descriptions regarding congressional districts, and inserting in its place a new Code Section 21-2-3 to read as follows: "21-2-3. For purposes of this article: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with Article 7 of this chapter, within which all electors vote at one polling place. (3) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1990 for the State of Georgia. (4) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any congressional district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control. (5) Any part of the State of Georgia which is described in this Code section as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congressional district. Such non contiguous part shall instead be included within that congressional district contiguous to 974 JOURNAL OF THE SENATE such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia." Section 2. Said article is further amended by striking Code Section 21-2-4, relating to the composition of congressional districts, and inserting in its place a new Code Section 212-4 to read as follows: "21-2-4. (a) The state is divided into 11 congressional districts, each of which is entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection. District: 1 JENKINS COUNTY EMANUEL COUNTY BULLOCH COUNTY CANDLER COUNTY TOOMBS COUNTY TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY APPLING COUNTY WAYNE COUNTY MCINTOSH COUNTY BACON COUNTY PIERCE COUNTY WARE COUNTY GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY CHARLTON COUNTY CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD: 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 VTD: 0013 1-13 VTD: 0022 2-9 VTD: 0025 3-2 VTD: 0026 3-3 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 VTD: 0035 4-2 VTD: 0036 4-3 THURSDAY, FEBRUARY 20, 1992 975 VTD: 0037 4-4 VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0061 6-6 VTD: 0062 6-7 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 VTD: 0073 7-9 VTD: 0074 7-10 VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0086 5-11 EFFINGHAM COUNTY VTD: 0001 FAULKVILLE 1 VTD: 0002 GUYTON 2A VTD: 0003 HODGEVILLE 2B VTD: 0004 SHAWNEE 3A SCREVEN COUNTY VTD: 0004 ARNETT SCHOOL VTD: 0005 ROCKY FORD VTD: 0006 BAY BRANCH VTD: 0007 HILTONIA District: 2 TALBOT COUNTY TAYLOR COUNTY PEACH COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY DOOLY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY 976 JOURNAL OF THE SENATE EARLY COUNTY BAKER COUNTY MITCHELL COUNTY COLQUITT COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY VTD: 0001 EM01 VTD: 0003 EM03 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0014 GODFREY 05 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0032 RUTLAND 01 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0043 MACON 02 VTD: 0044 MACON 01 CRAWFORD COUNTY VTD: 0005 5 (Part) Tract: 0702. Block(s): 175, 195, 196, 197 DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH LOWNDES COUNTY VTD: 0003 MOODY MASONIC VTD: 0005 GARDEN CENTER THURSDAY, FEBRUARY 20, 1992 977 VTD: 0007 LOMAX-PINEVALE VTD: 0008 NAYLOR COURTHOUSE VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION VTD: 0019 CRAIG RECREATION CENTER MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING District: 3 FAYETTE COUNTY COWETA COUNTY BUTTS COUNTY SPALDING COUNTY MERIWETHER COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY VTD: 0001 MONTPELIER - EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309 Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 978 JOURNAL OF THE SENATE 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C, 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325B, 326C, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 353B, 356B, 359B, 361, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 335, 336A VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 323B, 324, 325A, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 223, 224, 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 THURSDAY, FEBRUARY 20, 1992 979 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0031 RIVERDALE 6 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0002 2 VTD: 0003 3 VTD: 0004 4 VTD: 0005 5 (Part) Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 176, 177, 178, 184, 185, 186, 187, 188, 189, 190, 191, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 301, 302, 303, 346, 347, 348, 349, 350, 351, 352, 353, 356 VTD: 001A 1A VTD: 001B IB HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW MUSCOGEE COUNTY VTD: 0006 WYNNTON 980 JOURNAL OF THE SENATE VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B District: 4 ROCHDALE COUNTY DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL THURSDAY, FEBRUARY 20, 1992 981 VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: GOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C 982 JOURNAL OF THE SENATE VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D VTD: 0055 407D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 408F VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0075 406R VTD: 0076 571D VTD: 0077 571B VTD: 0078 544D District: 5 CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, THURSDAY, FEBRUARY 20, 1992 983 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0032 RIVERDALE 7 VTD: 0033 RIVERDALE 8 VTD: 0040 JONESBORO 12 COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBD SOUTH DECATUR VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E 984 VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 5E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC1 8M VTD: OOC2 8N JOURNAL OF THE SENATE THURSDAY, FEBRUARY 20, 1992 985 VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 IDA VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 HP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 986 JOURNAL OF THE SENATE VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EP03 VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: COM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: OOV1 SS04 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: 00W2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07 District: 6 CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET THURSDAY, FEBRUARY 20, 1992 987 VTD: 0016 WOODSTOCK COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102A, 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0310.01 Block(s): 910C, 910L, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. 988 JOURNAL OF THE SENATE Block(s): 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part) Tract: 0303.21 Block(s): 302A, 402A, 403A Tract: 0304.04 Block(s): 101A, 101B Tract: 0304.06 Block(s): 101A, 101B, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C Tract: 0311.09 Block(s): 101A, 101C VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 THURSDAY, FEBRUARY 20, 1992 989 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 402A, 402B, 403A, 601, 602, 603, 604 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: GOBI VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 CRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part) 990 JOURNAL OF THE SENATE Tract: 0302.07 Block(s): 115D, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826 VTD: OOC1 OREGON 5 DEKALB COUNTY VTD: 0005 AUSTIN VTD: 0037 DUNWOODY VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN VTD: OOBR VERMACK FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NCOS VTD: OOP2 NC04 VTD: OOPS NC05 VTD: OOP4 NC06 VTD: OOP5 NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C THURSDAY, FEBRUARY 20, 1992 991 VTD: 0058 406L VTD: 0059 406M VTD: 0074 404C District: 7 CHATTOOGA COUNTY FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY TROUP COUNTY COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 106B VTD: 0018 DOBBINS 2 (Part) Tract: 0304.06 Block(s): 102B Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C Tract: 0311.08 Block(s): 301, 302, 303B, 305, 306, 307, 309 VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 992 JOURNAL OF THE SENATE Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06 Block(s): 102A Tract: 0307. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 309, 310, 314, 315, 318, 321, 322, 323 Tract: 0308. Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808 Tract: 0310.01 Block(s): 908A, 910A, 910B, 911, 912 Tract: 0311.09 Block(s): 501, 502, 503A, 504, 505 VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 (Part) Tract: 0306. Block(s): 219, 222, 223, 224, 227, 228, 229, 230, 231, 232, 233, 302, 303, 304, 305, 307, 308A, 309, 311, 312, 313, 314, 315, 316, 317, 323, 325A, 326, 401, 403 Tract: 0307. Block(s): 401, 407A, 418 Tract: 0308. Block(s): 301, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318A, 320, 401, 402, 403, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513 Tract: 0309.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 Tract: 0309.01 THURSDAY, FEBRUARY 20, 1992 993 Block(s): 301A, 302, 303, 304 VTD: 0061 MARIETTA 5 (Part) Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0062 MARIETTA 6 (Part) Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809 VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 801B, 823B VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2 District: 8 JOHNSON COUNTY LAURENS COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY MONTGOMERY COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY CRISP COUNTY JEFF DAVIS COUNTY LEE COUNTY TURNER COUNTY BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY 994 JOURNAL OF THE SENATE VTD: 0002 EM02 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0009 EM09 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0033 RUTLAND 02 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0004 MATHIS AUDITORIUM VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL THURSDAY, FEBRUARY 20, 1992 995 District: 9 DADE COUNTY RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY GORDON COUNTY DAWSON COUNTY PICKENS COUNTY HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT District: 10 FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY WILKES COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0020 1749 VTD: 0025 478 VTD: 0026 444A 996 JOURNAL OF THE SENATE VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B NEWTON COUNTY VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0005 BRICK STORE VTD: 0006 CEDAR SHOALS VTD: 0008 GUM CREEK VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0011 OXFORD VTD: 0013 STANSELL VTD: 0014 LEGUIN RICHMOND COUNTY VTD: 0013 5A VTD: 0015 6 VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0033 86-5 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954 Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0046 89-1 THURSDAY, FEBRUARY 20, 1992 997 VTD: 0050 89-5 VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0067 FG5 District: 11 GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY WILKINSON COUNTY TWIGGS COUNTY BALDWIN COUNTY VTD: 0001 MONTPELIER - EAST BALDWIN (Part) Tract: 9701. Block(s): 139, 150, 152, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383 Tract: 9702. Block(s): 524 Tract: 9707. Block(s): 126 VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9703. Block(s): 220C, 220D, 220E, 222C, 225B, 226B Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9704. Block(s): 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 326D, 344A, 344B, 346C, 346D, 347, 348, 350B VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523 VTD: 0005 EAST HARDWICK 321E VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9703. Block(s): 220A, 220B, 221, 222A, 222B, 225A, 226A Tract: 9704. 998 JOURNAL OF THE SENATE Block(s): 101A, 102, 103, 104, 105, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 215, 216, 217, 221, 222, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W VTD: 0010 GMC 320G VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 130, 132, 133 CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0024 3-1 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0069 7-5 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0036 DUNAIRE VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS THURSDAY, FEBRUARY 20, 1992 999 VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0073 MAINSTREET SOUTH VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL EFFINGHAM COUNTY VTD: 0005 CLYO 3B VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 VTD: 0008 RINCON 5 HENRY COUNTY VTD: 0030 LOVES VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 101, 102, 103, 104, 105, 120, 121, 122, 123, 124 Tract: 0701.98 Block(s): 101, 102, 103, 104, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 152, 153, 154, 155, 156, 157, 158, 159, 160 NEWTON COUNTY VTD: 0004 BREWERS VTD: 0007 DOWNS VTD: 0012 ROCKY PLAINS RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 1000 JOURNAL OF THE SENATE VTD: 0004 2A VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0012 5 VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 VTD: 0032 86-4 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0109.02 Block(s): 102 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0068 FG6 SCREVEN COUNTY VTD: 0001 SYLVANIA VTD: 0002 HUNTERS VTD: 0003 NEWINGTON VTD: 0008 WADE PLACE (b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1990 for this state. THURSDAY, FEBRUARY 20, 1992 1001 (c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 1993. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the Unites States House of Representatives elected in 1990 shall continue to serve and, for all purposes relative to membership in the House of Representa tives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 for the purpose of electing the members in 1992 who are to take office in 1993. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1993." 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 Turner of the 8th and Perry of the 7th offered the following amendment: Amend the substitute to SB 705 offered by the Senate Committee on Reapportionment by striking in their entireties the descriptions of District 2, District 3, and District 8 and inserting in their respective places the following: "District: 2 TALBOT COUNTY CRAWFORD COUNTY TAYLOR COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY DOOLY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY CRISP COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY TURNER COUNTY CLAY COUNTY DOUGHERTY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY COLQUITT COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY VTD: 0001 EM01 VTD: 0003 EM03 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 1002 JOURNAL OF THE SENATE VTD: 0012 GODFREY 03 VTD: 0016 GODFREY 07 VTD: 0021 HAZARD 03 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0043 MACON 02 VTD: 0044 MACON 01 VTD: 0045 WA 01 MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0013 REGENCY HEIGHTS VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING District: 3 FAYETTE COUNTY COWETA COUNTY BUTTS COUNTY SPALDING COUNTY MERIWETHER COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309 Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. THURSDAY, FEBRUARY 20, 1992 1003 Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 12, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 13, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C, 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325B, 326C, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343B, 356B, 359B, 361, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 335, 336A VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 323B, 324, 325A, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 223, 224, 229A, 230A, 231, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214 VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 1004 JOURNAL OF THE SENATE VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0031 RIVERDALE 6 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0012 WESLEY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND THURSDAY, FEBRUARY 20, 1992 1005 VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B" "District: 8 JOHNSON COUNTY LAURENS COUNTY PEACH COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY MONTGOMERY COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY LEE COUNTY BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY LOWNDES COUNTY ECHOLS COUNTY BIBB COUNTY VTD: 0002 EM02 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0009 EM09 VTD: 0013 GODFREY 04 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0019 HAZARD 05 VTD: 0020 HAZARD 06 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 1006 JOURNAL OF THE SENATE VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04" On the adoption of the amendment offered by Senators Turner of the 8th and Perry of the 7th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen ^Cou,lretomnan Collins Echols Egan Gillis Hammill Harris Peerrrdyue Phillips Ragan of 10th Ragan of 32nd Robinson Taylor Thompson Timmons Turner Tysinger White Those voting in the negative were Senators: Alien Bishop Broun of 46th Brown of 26th Clay Dawkins Deal Dean English Foster Garner Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Pollard Ramsey Ray Scott Starr Steinberg Tate Walker of 22nd Walker of 43rd Those not voting were Senators: Edge Hooks Shumake On the adoption of the amendment offered by Senators Turner of the 8th and Perry of the 7th, the yeas were 23, nays 30, and the amendment was lost. Senators Turner of the 8th and Perry of the 7th offered the following amendment: Amend the substitute to SB 705 offered by the Senate Committee on Reapportionment THURSDAY, FEBRUARY 20, 1992 1007 by striking in their entireties the descriptions of District 2, District 3, and District 8 and inserting in their respective places the following: "District: 2 TALBOT COUNTY CRAWFORD COUNTY TAYLOR COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY COLQUITT COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY LOWNDES COUNTY BIBB COUNTY VTD: 0001 EM01 VTD: 0003 EM03 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0016 GODFREY 07 VTD: 0021 HAZARD 03 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0043 MACON 02 VTD: 0044 MACON 01 VTD: 0045 WA 01 DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH 1008 JOURNAL OF THE SENATE VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0013 REGENCY HEIGHTS VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING District: 3 FAYETTE COUNTY COWETA COUNTY BUTTS COUNTY SPALDING COUNTY MERIWETHER COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY UPSON COUNTY HARRIS COUNTY BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN (Part) Tract: 9701. Block(s): 101, 102, 103, 104, 105, 106, 107D, 107E, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125B, 127B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 151, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185B, 201, 202, 203, 204, 205, 309 Tract: 9702. Block(s): 342B VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, THURSDAY, FEBRUARY 20, 1992 1009 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158,159, 160, 161, 162, 163, 164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214C, 214D, 214E, 215B, 216B, 218B, 219, 227, 228, 229B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 201C, 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B Tract: 9705. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325B, 326C, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343B, 356B, 359B, 361, 362B, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 335, 336A VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 206A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 323B, 324, 325A, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 201A, 201D, 210A, 210B, 211A, 214A, 214B, 215A, 216A, 217, 218A, 223, 224, 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 212A, 212B, 212C, 213A, 214A VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 1010 JOURNAL OF THE SENATE VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0031 RIVERDALE 6 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0012 WESLEY HEIGHTS VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO THURSDAY, FEBRUARY 20, 1992 1011 VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B" "District: 8 JOHNSON COUNTY LAURENS COUNTY PEACH COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY MONTGOMERY COUNTY WHEELER COUNTY DOOLY COUNTY TELFAIR COUNTY WILCOX COUNTY CRISP COUNTY JEFF DAVIS COUNTY LEE COUNTY TURNER COUNTY BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY VTD: 0002 EM02 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0009 EM09 VTD: 0013 GODFREY 04 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0019 HAZARD 05 VTD: 0020 HAZARD 06 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 1012 JOURNAL OF THE SENATE VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFlELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE" On the adoption of the amendment offered by Senators Turner of the 8th and Perry of the 7th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Burton Clay Coleman Collins Echols Egan Hammill Harris Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Taylor Thompson Turner Tysinger White Those voting in the negative were Senators: Alien Bishop Broun of 46th Brown of 26th Deal Dean English Foster Garner Gillis Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Pollard Ramsey Ray Robinson Scott Starr Steinberg Tate Walker of 22nd Walker of 43rd Those not voting were Senators: Dawkins Edge Shumake THURSDAY, FEBRUARY 20, 1992 1013 On the adoption of the amendment offered by Senators Turner of the 8th and Perry of the 7th, the yeas were 23, nays 30, and the amendment was lost. Senator Bishop of the 15th offered the following amendment: Amend the substitute to SB 705 offered by the Senate Committee on Reapportionment by striking in their entireties the descriptions of Districts 1 through 11 and inserting in their respective places the following: "District: 1 JENKINS COUNTY EMANUEL COUNTY BULLOCH COUNTY CANDLER COUNTY TOOMBS COUNTY TATTNALL COUNTY EVANS COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY APPLING COUNTY WAYNE COUNTY MCINTOSH COUNTY BACON COUNTY PIERCE COUNTY WARE COUNTY GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY CHARLTON COUNTY CHATHAM COUNTY VTD: 0001 1-1 VTD: 0002 1-2 VTD: 0003 1-3 VTD: 0005 1-5 VTD: 0006 1-6 VTD; 0007 1-7 VTD: 0009 1-9 VTD: 0010 1-10 VTD: 0011 1-11 VTD: 0012 1-12 VTD: 0013 1-13 VTD: 0022 2-9 VTD: 0025 3-2 VTD: 0026 3-3 VTD: 0027 3-4 VTD: 0028 3-5 VTD: 0029 3-6 VTD: 0030 3-7 VTD: 0031 3-8 VTD: 0032 3-9 VTD: 0033 3-10 VTD: 0034 4-1 VTD: 0035 4-2 VTD: 0036 4-3 VTD: 0037 4-4 1014 JOURNAL OF THE SENATE VTD: 0038 4-5 VTD: 0039 4-6 VTD: 0041 4-8 VTD: 0042 4-9 VTD: 0043 4-10 VTD: 0044 4-11 VTD: 0045 4-12 VTD: 0056 6-1 VTD: 0057 6-2 VTD: 0059 6-4 VTD: 0060 6-5 VTD: 0061 6-6 VTD: 0062 6-7 VTD: 0063 6-8 VTD: 0064 6-9 VTD: 0065 7-1 VTD: 0066 7-2 VTD: 0067 7-3 VTD: 0068 7-4 VTD: 0070 7-6 VTD: 0071 7-7 VTD: 0072 7-8 VTD: 0073 7-9 VTD: 0074 7-10 VTD: 0075 7-11 VTD: 0076 8-1 VTD: 0086 5-11 EFFINGHAM COUNTY VTD: 0001 FAULKVILLE 1 VTD: 0002 GUYTON 2A VTD: 0003 HODGEVILLE 2B VTD: 0004 SHAWNEE 3A SCREVEN COUNTY VTD: 0004 ARNETT SCHOOL VTD: 0005 ROCKY FORD VTD: 0006 BAY BRANCH VTD: 0007 HILTONIA District: 2 MERIWETHER COUNTY TALBOT COUNTY TAYLOR COUNTY PEACH COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY DOOLY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY CLAY COUNTY CALHOUN COUNTY EARLY COUNTY THURSDAY, FEBRUARY 20, 1992 1015 BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0014 GODFREY 05 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0032 RUTLAND 01 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0043 MACON 02 VTD: 0044 MACON 01 CRAWFORD COUNTY VTD: 0002 2 VTD: 0005 5 (Part) Tract: 0702. Block(s): 175, 195, 196, 197 VTD: 001B IB CRISP COUNTY VTD: 0001 CORDELE DOUGHERTY COUNTY VTD: 0007 BROAD AVENUE SCHOOL VTD: 0009 WESTTOWN LIBRARY VTD: 0010 RIVERVIEW ACADAMY VTD: 0011 M L KING JR. HIGH SCHOOL VTD: 0012 MONROE HIGH SCHOOL VTD: 0013 FLINTSIDE ELEMENTARY SCH VTD: 0014 CARVER TEEN CENTER VTD: 0015 CARVER JR HIGH GYM VTD: 0016 HIGHLAND AVENUE SCHOOL VTD: 0017 AVALON METHODIST CHURCH VTD: 0018 ALBANY JR. HIGH SCHOOL VTD: 0019 TURNER ELEMENTARY SCHOOL VTD: 0020 JACKSON HEIGHTS ELEM SCH VTD: 0021 BILL MILLER GYM AND ALBANY STATE COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH 1016 JOURNAL OF THE SENATE VTD: 0025 DOUGHERTY JR HIGH SCHOOL VTD: 0027 SYLVANDALE ELEMENTARY SCH LEE COUNTY VTD: 0001 CHOKEE VTD: 0006 SMITHSVILLE LOWNDES COUNTY VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0017 SHILOH FIRE STATION VTD: 0019 CRAIG RECREATION CENTER MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORT BENNING VTD: 0038 3A3 FORT BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0041 3B FORT BENNING VTD: 0042 3B1 FORT BENNING District: 3 FAYETTE COUNTY COWETA COUNTY BUTTS COUNTY SPALDING COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY UPSON COUNTY HARRIS COUNTY BIBB COUNTY VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 THURSDAY, FEBRUARY 20, 1992 1017 VTD: 0005 FOREST PARK 4 VTD: 0006 FOREST PARK 5 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0031 RIVERDALE 6 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 VTD: 0004 4 VTD: 0004 5 (Part) Tract: 0702. Block(s): 126, 128, 131, 132, 170, 171, 172, 173, 174, 176, 177, 178, 184, 185, 186, 187, 188, 189, 190, 191, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 241, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 301, 302, 303, 346, 347, 348, 349, 350, 351, 352, 353, 356 VTD: 001A 1A HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0045 MCMULLEN VTD: 0050 SANDY RIDGE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 115, 116, 118, 119, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160 VTD: 0075 TUSSAHAW JONES COUNTY 1018 JOURNAL OF THE SENATE VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 108, 111, 113, 114, 115, 116, 117, 118, 119, 124, 125 Tract: 0302. Block(s): 154, 156, 157, 159, 160, 161, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 256A, 257, 258, 259, 260, 261, 262, 293, 294, 295, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313 Tract: 0303. Block(s): 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313B, 314B, 316B, 316C, 317B, 318B, 320, 321, 322, 323, 327, 328, 329, 330, 331, 332, 333, 334, 341, 343, 345, 346, 347, 349, 351, 352, 353, 354, 355, 356, 357, 377, 378, 379, 465B VTD: 0002 FINNEY AND WHITE VTD: 0003 GRAY VTD: 0004 POPE VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 201, 203, 302, 305, 306, 307, 308, 309, 310 Tract: 0303. Block(s): 523, 524, 527, 531, 532, 533, 534, 539, 540, 541, 542, 543, 547, 548, 554, 555, 556, 557, 558 VTD: 0006 SANDERS VTD: 0007 DAVIDSON MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B TROUP COUNTY VTD: 0006 HOGANSVILLE VTD: 0008 ROUGH EDGE VTD: 0009 MOUNTVILLE District: 4 ROCKDALE COUNTY DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY THURSDAY, FEBRUARY 20, 1992 1019 VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: OOAL ROCKBRIDGE 1020 JOURNAL OF THE SENATE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A THURSDAY, FEBRUARY 20, 1992 1021 VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D VTD: 0055 407D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0075 406R VTD: 0076 571D VTD: 0077 571B VTD: 0078 544D District: 5 CLAYTON COUNTY VTD: 0007 JONESBORO 1 VTD: 0023 OAK 1 Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0032 RIVERDALE 7 VTD: 0033 RIVERDALE 8 VTD: 0040 JONESBORO 12 COBB COUNTY VTD: 0046 HOWELLS 1 DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBD SOUTH DECATUR VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: 0001 1A VTD: 0002 IB 1022 VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 1J VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G JOURNAL OF THE SENATE THURSDAY, FEBRUARY 20, 1992 1023 VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC1 8M VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 10E VTD: OOFS 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C 1024 JOURNAL OF THE SENATE VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 HP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EP03 VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 THURSDAY, FEBRUARY 20, 1992 1025 VTD: OOV1 SS04 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07 District: 6 CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0016 WOODSTOCK COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102A, 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 1026 JOURNAL OF THE SENATE Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0310.01 Block(s): 910C, 910L, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part) Tract: 0303.21 Block(s): 302A, 402A, 403A Tract: 0304.04 VTD: 101A, 101B Tract: 03034.06 Block(s): 101A, 101B, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C Tract: 0311.09 Block(s): 101A, 101C, VTD: 0060 MARIETTA 4 (Part) THURSDAY, FEBRUARY 20, 1992 1027 Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 1028 JOURNAL OF THE SENATE VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 GRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 115D, 801C, 802C, 802B, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826 VTD: OOCl OREGON 5 DEKALB COUNTY VTD: 0005 AUSTIN VTD: 0037 DUNWOODY VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN VTD: OOBR VERMACK FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 VTD: OOPS NC05 VTD: OOP4 NC06 VTD: OOPS NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 THURSDAY, FEBRUARY 20, 1992 1029 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C VTD: 0058 406L VTD: 0059 406M VTD: 0074 404C District: 7 CHATTOOGA COUNTY FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 106B VTD: 0018 DOBBINS 2 (Part) Tract: 0304.06 Block(s): 102B Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C Tract: 0311.08 Block(s): 301, 302, 303B, 035, 306, 307, 309 VTD: 0022 ELIZABETH 1 (Part) 1030 JOURNAL OF THE SENATE Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0027 FAIR OAKS VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 018B, 109C, HOC, 113B, 128B Tract: 0307. VTD: 118C Tract: 0308. Block(s): 206B Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 012, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0047 HOWELLS 2 VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06 Block(s): 102A Tract: 0307. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 309, 310, 314, 315, 318, 321, 322, 323 Tract: 0308. Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808 Tract: 0310.01 Block(s): 908A, 910A, 910B, 911, 912 Tract: 0311.09 Block(s): 501, 502, 503A, 504, 505 VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 (Part) Tract: 0306. Block(s): 219, 222, 223, 224, 227, 228, 229, 230, 231, 232, 233, 302, 303, 304, 305, 307, 308A, 309, 311, 312, 313, 314, 315, 316, 317, 323, 325A, 326, 401, 403 Tract: 0307. Block(s): 401, 407A, 418 Tract: 0308. THURSDAY, FEBRUARY 20, 1992 1031 Block(s): 301, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318A, 320, 401, 402, 403, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513 Tract: 0309.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0061 MARIETTA 5 (Part) Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0062 MARIETTA 6 (Part) Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809 VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 801B, 823B VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2 TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO VTD: 0003 LAGRANGE THREE VTD: 0004 LAGRANGE FOUR 1032 JOURNAL OF THE SENATE VTD: 0005 WEST POINT VTD: 0007 EAST VERNON VTD: 0010 MCLENDON VTD: 0011 LONG CANE VTD: 0012 WEST VERNON VTD: 0013 GRAY HILL VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS District: 8 TWIGGS COUNTY JOHNSON COUNTY LAURENS COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY MONTGOMERY COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY TURNER COUNTY BEN HILL COUNTY WORTH COUNTY COFFEE COUNTY IRWIN COUNTY TIFT COUNTY BERRIEN COUNTY ATKINSON COUNTY COOK COUNTY COLQUITT COUNTY CLINCH COUNTY LANIER COUNTY ECHOLS COUNTY BIBB COUNTY VTD: 0004 EM04 VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0033 RUTLAND 02 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 CRISP COUNTY VTD: 0002 LISTONIA THURSDAY, FEBRUARY 20, 1992 1033 VTD: 0003 HATLEY VTD: 0004 ARABI VTD: 0005 JAMESTOWN VTD: 0006 CONEY DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0026 BRANCH ROAD PRECINCT VTD: 0028 SCOTTISH RITE TEMPLE JONES COUNTY VTD: 0001 BARRON AND CLINTON (Part) Tract: 0301.02 Block(s): 204, 205, 206, 208, 209, 225, 226, 227 VTD: 0005 ROBERTS (Part) Tract: 0301.02 Block(s): 202, 207, 213, 214, 215, 216, 219, 220, 221, 222, 223, 224, 228, 229, 301, 303, 304, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 Tract: 0303. Block(s): 515, 535, 536, 559 VTD: 0008 ROBERTS 4 LEE COUNTY VTD: 0002 REDBONE VTD: 0003 LEESBURG VTD: 0004 CENTURY VTD: 0005 PALMYRA LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FOREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL District: 9 DADE COUNTY RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY 1034 JOURNAL OF THE SENATE TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY GORDON COUNTY DAWSON COUNTY PICKENS COUNTY HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT District: 10 FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY WILKES COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0020 1749 VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B NEWTON COUNTY THURSDAY, FEBRUARY 20, 1992 1035 VTD: 0001 TOWN VTD: 0002 ALMON VTD: 0003 COVINGTON MILLS VTD: 0005 BRICK STORE VTD: 0006 CEDAR SHOALS VTD: 0008 GUM CREEK VTD: 0009 MANSFIELD VTD: 0010 NEWBORN VTD: 0011 OXFORD VTD: 0013 STANSELL VTD: 0014 LEGUIN RICHMOND COUNTY VTD: 0013 5A VTD: 0015 6 VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0033 86-5 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954 Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0046 89-1 VTD: 0050 89-5 VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0067 FG5 1036 JOURNAL OF THE SENATE District: 11 GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY BALDWIN COUNTY WILKINSON COUNTY CHATHAM COUNTY VTD: 0014 2-1 VTD: 0015 2-2 VTD: 0016 2-3 VTD: 0017 2-4 VTD: 0018 2-5 VTD: 0019 2-6 VTD: 0020 2-7 VTD: 0021 2-8 VTD: 0024 3-1 VTD: 0046 5-1 VTD: 0047 5-2 VTD: 0049 5-4 VTD: 0050 5-5 VTD: 0051 5-6 VTD: 0052 5-7 VTD: 0053 5-8 VTD: 0054 5-9 VTD: 0055 5-10 VTD: 0069 7-5 VTD: 0077 8-2 VTD: 0078 8-3 VTD: 0079 8-4 VTD: 0080 8-5 VTD: 0081 8-6 VTD: 0082 8-7 VTD: 0083 8-8 VTD: 0084 8-9 VTD: 0085 8-10 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0036 DUNAIRE THURSDAY, FEBRUARY 20, 1992 1037 VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: C055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0073 MAINSTREET SOUTH VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL EFFINGHAM COUNTY VTD: 0005 CLYO 3B VTD: 0006 MASONIC LODGE 3C AND SPRINGFIELD 4 VTD: 0008 RINCON 5 HENRY COUNTY VTD: 0030 LOVES VTD: 0070 SWAN LAKE (Part) Tract: 0701.02 Block(s): 101, 102, 103, 104, 105, 120, 121, 122, 123, 124 Tract: 0701.98 Block(s): 101, 102, 103, 104, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 152, 153, 154, 155, 156, 157, 158, 159, 160 NEWTON COUNTY VTD: 0004 BREWERS VTD: 0007 DOWNS VTD: 0012 ROCKY PLAINS RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A 1038 JOURNAL OF THE SENATE VTD: 0003 2 VTD: 0004 2A VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0012 5 VTD: 0014 5B VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 VTD: 0032 86-4 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0109.02 Block(s): 102 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0068 FG6 SCREVEN COUNTY VTD: 0001 SYLVANIA VTD: 0002 HUNTERS VTD: 0003 NEWINGTON VTD: 0008 WADE PLACE" On the adoption of the amendment offered by Senator Bishop of the 15th, the Presi dent ordered a roll call, and the vote was as follows: THURSDAY, FEBRUARY 20, 1992 1039 Those voting in the affirmative were Senators: Alien BishP BBruorwtonn of 26th Clay Perry Phillips Ragan of,, 32nd, Scott Tate Turner ,,W.al,,ker of, 2,,,,2nd, White Those voting in the negative were Senators: Albert Baldwin Bowen Broun of 46th Coleman Collins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Pollard Ragan of 10th Ramsey Ray Robinson Starr Steinberg Taylor Thompson Timmons Tysinger Walker of 43rd Those not voting were Senators: Dawkins Edge Langford Shumake On the adoption of the amendment offered by Senator Bishop of the 15th, the yeas were 13, nays 39, and the amendment was lost. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop oBClraoWyuenn o,f 4,, 6thu Collins Dawkins Deal Dean Echols Foster Garner Gillis Hammill SHHoeanSostkyosn Huggins Johnson Kidd Marable Moye Those voting in the negative were Senators: Brown of 26th Burton Coleman Edge Egan English Harris Hill Newbill Phillips Ragan of 10th Ragan of 32nd Ray Taylor Perdue Perry Pollard Ramsey RQ|coobt.i.tnson btarr, Steinberg Tate Walker of 22nd Walker of 43rd Thompson Timmons Turner Tysinger White 1040 JOURNAL OF THE SENATE Not voting were Senators Langford and Shumake. On the adoption of the substitute, the yeas were 35, nays 19, 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 of 46th Collins Dawkins Deal Dean Foster Garner Gillis Hammill Hasty Henson Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Those voting in the negative were Senators: Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Walker of 22nd Walker of 43rd Brown of 26th Burton Coleman Edge Egan English Harris Hill Newbill Phillips Ragan of 32nd Taylor Those not voting were Senators: Thompson Timmons Turner Tysinger White Clay Echols Langford Shumake On the passage of the bill, the yeas were 35, nays 17. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 20, 1992 1041 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1523. By Representatives Poston of the 2nd, Simpson of the 70th and Cauthorn of the 20th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual oflenses, so as to provide for the offense of sexual assault against persons under psychotherapeutic care. HB 1657. By Representative Hanner of the 131st: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia. HB 968. By Representative Martin of the 26th: A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of life-sustaining proce dures with respect to a patient in a coma or persistent vegetative state. The following bills of the House were read the first time and referred to committees: HB 968. By Representative Martin of the 26th: A bill to amend Chapter 32 of Title 31 of the Official Code of Georgia Annotated, relating to living wills, so as to authorize the withholding of life-sustaining proce dures with respect to a patient in a coma or persistent vegetative state. Referred to Committee on Health and Human Services. HB 1523. By Representatives Poston of the 2nd, Simpson of the 70th and Cauthorn of the 20th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual oflenses, so as to provide for the offense of sexual assault against persons under psychotherapeutic care. Referred to Committee on Special Judiciary. HB 1657. By Representative Hanner of the 131st: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia. Referred to Committee on Reapportionment. 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 1042 JOURNAL OF THE SENATE bills and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 566. SB 574. Respectfully submitted, Is/ Waymond C. Huggins, Chairman Senator, District 53 Serving as doctor of the day today was Dr. Jack Menendez of Macon, Georgia. Senator Garner of the 30th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed. At 3:30 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow. FRIDAY, FEBRUARY 21, 1992 1043 Senate Chamber, Atlanta, Georgia Friday, February 21, 1992 Twentieth Legislative Day The Senate met pursuant to adjournment at 9:00 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. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1700. By Representative Oliver of the 121st: A bill to amend an Act creating the Board of Commissioners of Tattnall County, so as to reapportion and change the boundaries of the five road districts in Tattnall County for the purpose of electing members of the board of commissioners. HB 1702. By Representative Oliver of the 121st: A bill to amend an Act providing for elections of members of the Board of Edu cation of Tattnall County, so as to change the provisions relating to the election of members of the board of education and reapportion the education districts from which members are elected. HB 1724. By Representatives Jamieson of the llth and Dover of the llth: A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County in addition to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the Board of Trustees of the Stephens County Law Library. HB 1728. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act incorporating the Town of Clermont in the County of Hall, so as to provide terms for the mayor and councilmen. HB 1735. By Representative Langford of the 7th: A bill to amend an Act providing for the office of commissioner of Gordon County, as amended, particularly by an Act approved March 13, 1975, providing for a board of commissioners, so as to abolish the board and provide for the office of commissioner. HB 1738. By Representatives Hanner of the 131st and Holland of the 136th: A bill to create the Lee County Utilities Authority and to authorize such author ity to acquire, construct, operate, and maintain self-liquidating projects embrac ing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations. 1044 JOURNAL OF THE SENATE HB 1744. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the compensation of the chairman and other members of the board of commissioners. HB 1746. By Representative Stancil of the 66th: A bill to abolish the office of elected county surveyor of Oconee County; to pro vide for the appointment of a county surveyor by the governing authority of the county. HB 1727. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to increase the amount of the homestead exemption from Jones County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebt edness, which applies to the homestead of each resident of Jones County actually occupied by the owner as a residence and homestead. SB 624. By Senator Kidd of the 25th: A bill to amend an Act providing for the election of members of the board of education of Baldwin County, as amended, so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attor ney General. SB 625. By Senator Kidd of the 25th: A bill to amend an Act creating a board of commissioners of Baldwin County, as amended, so as to change the composition of commissioner districts from which members of the board are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General. HB 1530. By Representatives Mobley of the 64th and Twiggs of the 4th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Discipli nary Board. HB 1169. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th, Redding of the 50th, Teper of the 46th and others: A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Anno tated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to the "Georgia Comprehensive Solid Waste Management Act," so as to provide that the director shall not permit a biomedical waste thermal treatment technology facility unless the applicant is able to show that a need exists for such facility. HB 1429. By Representative Alford of the 57th: A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to provide for the par ticipation of private persons or entities in the ownership, design, financing, con struction, operation, and maintenance of projects. HB 1312. By Representative Murphy of the 18th: A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to clarify the eligibility FRIDAY, FEBRUARY 21, 1992 1045 of preschool age children for assistance; to provide that immunization of a pre school age dependent child shall be required for the receipt of assistance. HB 1596. By Representatives Cummings of the 17th, Baker of the 51st, Jamieson of the llth and Porter of the 119th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribution Plan. HB 1243. By Representatives Holmes of the 28th, Moultrie of the 93rd, Greene of the 130th and Goodwin of the 63rd: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax. HB 1289. By Representatives Griffin of the 6th and Mann of the 6th: A bill to amend Code Section 43-39A-24 of the Official Code of Georgia Anno tated, requiring the registration, licensing, or certification of real estate apprais ers, so as to change the applicability of and exceptions to such requirements. HB 1470. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to repeal the presumption in civil actions that certain common carriers are negligent from tlte mere showing that injury was inflicted by their vehicles. HB 1647. By Representatives Watts of the 41st, Murphy of the 18th, Walker of the 115th, Groover of the 99th, Lee of the 72nd and others: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that no pamphlet, booklet, brochure, or other promotional or informational publication printed by any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or other similar location the name of any official of the executive branch. HB 1225. By Representatives Reaves of the 147th, Godbee of the 110th, Branch of the 137th, Moody of the 153rd and Greene of the 130th: A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 778. By Representative Colwell of the 4th: A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Athens, Clarke County, Georgia; Macon, Bibb County, Georgia; Moultrie, Colquitt County, Georgia; Thomasville, Thomas County, Georgia; and Tifton, Tift County, Georgia. 1046 JOURNAL OF THE SENATE HR 929. By Representative Murphy of the 18th: A resolution relative to adjournment. HR 838. By Representative Morsberger of the 62nd: A resolution designating March as Seabees Month in Georgia. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 731. By Senator Turner of the 8th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Financing Authority Act," so as to change certain pro visions relating to definitions; to provide an effective date. Referred to Committee on Health and Human Services. SB 732. By Senators Baldwin of the 29th and Garner of the 30th: A bill to amend Code Section 16-9-4 of the Official Code of Georgia Annotated, relating to manufacturing, selling, or distributing false identification documents, so as to change the provisions relating to penalties for selling or distributing a false identification document. Referred to Committee on Judiciary. SB 733. By Senators Hill of the 4th, Perry of the 7th, White of the 48th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issu ance of National Guard license plates to the spouses of members. Referred to Committee on Defense and Veterans Affairs. SB 734. By Senator Alien of the 2nd: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to certain property which is exempt from ad valorem property taxes in this state, so as to change the provisions relating to the exemption applicable to property used in or which is a part of any facility which has been installed or constructed for the primary purpose of eliminating or reducing air or water pol lution; to provide an effective date. Referred to Committee on Finance and Public Utilities. SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others: A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any crim inal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, further, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative in tent; to define certain terms. Referred to Committee on Judiciary. SB 736. By Senators Newbill of the 56th, Col'ins of the 17th, Clay of the 37th and others: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, the "Ethics in Government Act," so as to require each registered agent to file contribution and expenditure disclosure reports; to provide for definitions; to FRIDAY, FEBRUARY 21, 1992 1047 provide for contents of such reports; to provide for filing; to provide for related matters; to provide an effective date. Referred to Committee on Ethics. SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown Parkway. Referred to Committee on Transportation. SR 486. By Senators Starr of the 44th and English of the 21st: A resolution proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, and parts there for in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to reg ulate tractor, farm equipment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, in order to prevent frauds; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Finance and Public Utilities. SR 490. By Senators Taylor of the 12th, Deal of the 49th, Garner of the 30th and others: A resolution urging Congress to reject any legislation imposing unrealistic Corpo rate Average Fuel Energy (CAFE) standards on the automobile industry. Referred to Committee on Natural Resources. The following bills and resolutions of the House were read the first time and referred to committees: HB 1169. By Representatives Alford of the 57th, Irwin of the 57th, Henson of the 57th and others: A bill to amend Code Section 12-8-23.1 of the Official Code of Georgia Anno tated, relating to the powers and duties of the director of the Environmental Protection Division of the Department of Natural Resources with regard to the "Georgia Comprehensive Solid Waste Management Act," so as to provide that the director shall not permit a biomedical waste thermal treatment technology facility unless the applicant is able to show that a need exists for such facility. Referred to Committee on Natural Resources. HB 1225. By Representatives Reaves of the 147th, Godbee of the 110th, Branch of the 137th and others: A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses. Referred to Committee on Agriculture. HB 1243. By Representatives Holmes of the 28th, Moultrie of the 93rd, Greene of the 130th and Goodwin of the 63rd: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax. Referred to Committee on Finance and Public Utilities. 1048 JOURNAL OF THE SENATE HB 1289. By Representatives Griffin of the 6th and Mann of the 6th: A bill to amend Code Section 43-39A-24 of the Official Code of Georgia Anno tated, requiring the registration, licensing, or certification of real estate apprais ers, so as to change the applicability of and exceptions to such requirements. Referred to Committee on Governmental Operations. HB 1312. By Representative Murphy of the 18th: A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to clarify the eligibility of preschool age children for assistance; to provide that immunization of a pre school age dependent child shall be required for the receipt of assistance. Referred to Committee on Health and Human Services. HB 1429. By Representative Alford of the 57th: A bill to amend Article 2 of Chapter 10 of Title 32 of the Official Code of Georgia Annotated, relating to the State Tollway Authority, so as to provide for the par ticipation of private persons or entities in the ownership, design, financing, con struction, operation, and maintenance of projects. Referred to Committee on Finance and Public Utilities. HB 1470. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to repeal the presumption in civil actions that certain common carriers are negligent from the mere showing that injury was inflicted by their vehicles. Referred to Committee on Judiciary. HB 1530. By Representatives Mobley of the 64th and Twiggs of the 4th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Discipli nary Board. Referred to Committee on Public Safety. HB 1596. By Representatives Cummings of the 17th, Baker of the 51st, Jamieson of the llth and Porter of the 119th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribution Plan. Referred to Committee on Retirement. HB 1647. By Representatives Watts of the 41st, Murphy of the 18th, Walker of the 115th and others: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that no pamphlet, booklet, brochure, or other promotional or informational publication printed by any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or other similar location the name of any official of the executive branch. Referred to Committee on Governmental Operations. HR 778. By Representative Colwell of the 4th: A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Athens, Clarke FRIDAY, FEBRUARY 21, 1992 1049 County, Georgia; Macon, Bibb County, Georgia; Moultrie, Colquitt County, Georgia; Thomasville, Thomas County, Georgia; and Tifton, Tift County, Georgia. Referred to Committee on Finance and Public Utilities. HR 838. By Representative Morsberger of the 62nd: A resolution designating March as Seabees Month in Georgia. Referred to Committee on Rules. HB 1700. By Representative Oliver of the 121st: A bill to amend an Act creating the Board of Commissioners of Tattnall County, so as to reapportion and change the boundaries of the five road districts in Tattnall County for the purpose of electing members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1702. By Representative Oliver of the 121st: A bill to amend an Act providing for elections of members of the Board of Edu cation of Tattnall County, so as to change the provisions relating to the election of members of the board of education and reapportion the education districts from which members are elected. Referred to Committee on Urban and County Affairs. HB 1724. By Representatives Jamieson of the llth and Dover of the llth: A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County in addition to all other legal costs, and that such fees be remitted monthly to the secretary-treasurer of the Board of Trustees of the Stephens County Law Library. Referred to Committee on Urban and County Affairs. HB 1727. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to increase the amount of the homestead exemption from Jones County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebt edness, which applies to the homestead of each resident of Jones County actually occupied by the owner as a residence and homestead. Referred to Committee on Urban and County Affairs. HB 1728. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act incorporating the Town of Clermont in the County of Hall, so as to provide terms for the mayor and councilmen. Referred to Committee on Urban and County Affairs. HB 1735. By Representative Langford of the 7th: A bill to amend an Act providing for the office of commissioner of Gordon County, as amended, particularly by an Act approved March 13, 1975, providing for a board of commissioners, so as to abolish the board and provide for the office of commissioner. Referred to Committee on Urban and County Affairs. 1050 JOURNAL OF THE SENATE HB 1738. By Representatives Banner of the 131st and Holland of the 136th: A bill to create the Lee County Utilities Authority and to authorize such author ity to acquire, construct, operate, and maintain self-liquidating projects embrac ing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations. Referred to Committee on Urban and County Affairs. HB 1744. By Representatives Birdsong of the 104th and Jenkins of the 80th: A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the compensation of the chairman and other members of the board of commissioners. Referred to Committee on Urban and County Affairs. HB 1746. By Representative Stancil of the 66th: A bill to abolish the office of elected county surveyor of Oconee County; to pro vide for the appointment of a county surveyor by the governing authority of the county. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Consumer 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 319. Do pass by substitute. HB 62. Do pass. HB 888. Do pass as amended. Respectfully submitted, Senator Langford of the 35th District, Chairman Mr. President: The Committee on Corrections has had under consideration the following bill and reso lution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 678. Do pass as amended. HR 734. Do pass. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 559. Do pass by substitute. HB 1371. Do pass. HB 1144. Do pass by substitute. HB 1565. Do pass. FRIDAY, FEBRUARY 21, 1992 1051 Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 677. Do pass by substitute. HB 1162. Do pass by substitute. HB 1347. Do pass by substitute. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following resolu tion of the House and has instructed me to report the same back to the Senate with the following recommendation: HR 648. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SB 256. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 572. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 703. Do pass. SB 675. Do pass. SB 664. Do pass by substitute. SB 665. Do pass by substitute. HB 1288. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman 1052 JOURNAL OF THE SENATE Mr. President: The Committee on Retirement has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 166. HB 184. HB 203. HB 216. Do pass by substitute. Do pass. Do pass. Do pass. HB 309. HB 310. HB 1229. HB 183. Do pass. Do pass. Do pass. Do pass. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 639. Do pass. SB 649. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 712. SB 713. HB 1351. Do pass. Do pass. Do pass. HB 1695. Do pass. HB 1699. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 634. Do pass by substitute. SB 688. Do pass. HB 1156. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman FRIDAY, FEBRUARY 21, 1992 1053 The following bills and resolutions of the Senate and House were read the second time: SB 468. By Senator Kidd of the 25th: A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the creation of the Composite State Board of Medical Examiners, so as to provide for certain expense allowances, mileage allowances, and reimburse ment for members of the Physician's Assistants Advisory Committee. SB 595. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to create the Georgia Emergency Man agement Agency as a separate agency and successor to the Emergency Manage ment Division, Department of Defense; to provide for the director of emergency management; to assign the agency to the Office of Planning and Budget for ad ministrative purposes only; to abolish the position of executive director of emer gency management. SB 600. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to change the provisions relating to definitions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for actions when local governments fail to make certain payments; to provide for the use of bond proceeds. SB 607. By Senators Ragan of the 32nd and Clay of the 37th: A bill to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to provide that residential property shall be considered landmark historic property if it meets such criteria. SB 614. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the name of the Office of Fair Employment Practices to the "Commission on Equal Opportunity"; to change the name of the Fair Employment Practices Board to the "Board of Commissioners of the Commission on Equal Opportu nity"; to provide for divisions within the Commission on Equal Opportunity. SB 622. By Senators Clay of the 37th, Newbill of the 56th and Ragan of the 32nd: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that a student shall not be eligi ble to participate in extracurricular athletics unless such student maintains a passing grade on the subjects being taken. SB 693. By Senators Perdue of the 18th, Johnson of the 47th and Garner of the 30th: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide that the Department of Human Resources shall promulgate procedures to govern the granting of waivers for personal care homes. 1054 JOURNAL OF THE SENATE SR 443. By Senators Deal of the 49th, Foster of the 50th, Johnson of the 47th and others: A resolution creating the Joint Study Commission on Revenue Structure. SR 444. By Senators Perry of the 7th, Kidd of the 25th and Ray of the 19th: A resolution urging Congress and the Secretary of the Department of Veterans Affairs to oppose and prevent any attempt to allow nonveterans the use of veter ans' medical facilities. SR 472. By Senator Foster of the 50th: A resolution encouraging the conversion of the University System of Georgia to the semester calendar. HB 762. By Representative Floyd of the 154th: A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to amend the provisions relating to the terri torial application of Title 11 and parties' power to choose applicable law; to change the provisions relating to limitations on the scope of Article 3 of Title 11; to change the definition of the term "item" as used in Article 4 of Title 11. HB 1200. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th and others: A bill to amend Chapter 13 of Title 2 of the Official Code of Georgia Annotated, relating to commercial feeds, so as to change certain definitions and provide defi nitions for additional terms; to change the provisions relating to publication of information as to sales, production, use, and analyses. HB 1201. By Representatives Reaves of the 147th, Buckner of the 72nd, Selman of the 32nd and others: A bill to amend Code Section 4-11-3 of the Official Code of Georgia Annotated, relating to licenses for pet dealers and kennel, stable, and animal shelter opera tors, so as to change the provisions relating to the amount of license fees. HB 1287. By Representatives Cummings of the 17th, McBee of the 68th, Lane of the 27th and Jamieson of the llth: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school". HB 1306. By Representative Dover of the llth: A bill to amend Code Section 48-7-103 of the Official Code of Georgia Annotated, relating to quarterly, monthly, and jeopardy returns, so as to change the provi sions regarding the deadline for filing quarterly and monthly returns. HB 1387. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: 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 on publicly owned or operated and not privately owned or operated lands and property. FRIDAY, FEBRUARY 21, 1992 1055 HB 1388. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to repeal the "Facade and Conservation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement Act". HB 1497. By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food and beverage standards and labeling in general, so as to define the term "spring water". HB 1541. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery. HR 261. By Representatives Mann of the 6th, Morsberger of the 62nd, Poag of the 3rd and others: A resolution urging the United States Congress to open the cable industry to more competition in the marketplace. HR 772. By Representatives Street of the 139th, Reaves of the 147th, Carter of the 146th and others: A resolution urging study of the feasibility of commercial production and farming of ostriches in this state. The President called for the morning roll call, and the following Senators answered to their names: Alien Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge 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 Scott Starr Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Albert Bishop Bowen Deal (presiding) Egan Hasty Langford Shumake Steinberg Tate Timmons 1056 JOURNAL OF THE SENATE The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Walker of the 22nd introduced the chaplain of the day, Dr. Sam Davis, pastor of Beulah Grove Baptist Church, Augusta, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 488. By Senators Tate of the 38th, Pollard of the 24th and Walker of the 43rd: A resolution in tribute to Mr. Eli Jackson. SR 489. By Senator Ray of the 19th: A resolution expressing regret at the passing of Mr. Doug Rogers. 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 Friday, February 21, 1992 TWENTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 712 Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY A bill to authorize the Recorder's Court of Chatham County to contract with a private enterprise to provide probation services for certain persons. SB 713 Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY A bill to amend an Act providing for a chief judge of the Recorder's Court of Chatham County, so as to provide that whenever the judges of the recorder's court require the services of an additional judge, they shall first request a senior judge to perform such services. HB 1351 Deal, 49th HALL COUNTY A bill to amend an Act creating a Board of Commissioners of Hall County, so as to change the composition of the commissioner districts. HB 1695 Bowen, 13th CRISP COUNTY A bill to provide for the imposition, collection, and disposition of county law library fees as part of the court costs in the Magistrate Court of Crisp County. FRIDAY, FEBRUARY 21, 1992 1057 HB 1699 Turner, 8th ECHOLS COUNTY A bill to amend an Act amending, revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, so as to change the compensation of the members of the Board of Commissioners. 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: Baldwin Bowen Broun of 46th Brown of 26th Burton Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty 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 Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd Albert Alien Bishop Clay Coleman Deal (presiding) Hammill Henson Shumake Starr Walker of 22nd White On the passage of all the local bills, the yeas were 44, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. The President assumed the Chair. Lieutenant Governor Howard introduced Honorable Bill Clinton, Governor of the State of Arkansas and a candidate for President of the United States, who addressed the Senate. The following uncontested population bills of the Senate and House, favorably reported 1058 JOURNAL OF THE SENATE by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, were put upon their passage: SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS February 21, 1992 TWENTIETH LEGISLATIVE DAY SB 585 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend an Act relating to the appointment of local housing authority commissioners, in counties that have a population of 550,000 or more. SB 627 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend an Act providing for volunteer legal service agencies in cer tain counties, so as to change certain fees, in counties with a population over 550,000. SB 682 Walker, 22nd Albert, 23rd RICHMOND COUNTY A bill to amend an Act providing for a board of elections in certain counties, so as to change the population brackets. SB 683 Walker, 22nd Albert, 23rd RICHMOND COUNTY A bill to amend an Act relating to clerks of boards of jury commissioners and appointment of court personnel in certain counties, so as to change the popu lation brackets. SB 684 Walker, 22nd Albert, 23rd RICHMOND COUNTY A bill to amend an Act relating to the authority for a county to conduct municipal elections, so as to change the population brackets. SB 689 Foster, 50th DAWSON COUNTY A bill to amend an Act relating to general powers and jurisdiction of probate and municipal courts, so as to repeal certain provisions applicable to counties with certain population brackets. FRIDAY, FEBRUARY 21, 1992 1059 HB 1310 Perdue, 18th TWIGGS COUNTY A bill to amend an Act placing certain restrictions upon the placement and location of refuse receptacles by certain counties, so as to change the popula tion brackets. 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 GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perry Pollard Ragan of 32nd Ramsey Robinson Scott 0S*tem bi_erg lay,lor Thompson Timmons Turner Tysinger White Those not voting were Senators: Alien Collins Perdue Phillips Ragan of 10th Shumake Starr Walker of 22nd Walker of 43rd On the passage of all the population bills, the yeas were 47, nays 0. All the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, having received the requisite constitutional majority, were passed. Senator Timmons of the llth introduced the doctor of the day, Dr. I. L. Balkcom, of Cuthbert, Georgia. SENATE RULES CALENDAR Friday, February 21, 1992 TWENTIETH LEGISLATIVE DAY SB 670 Wills, Trust Agreements--powers by citation (S Judy-- 16th) SB 679 Ports Authority--membership, quorum, terms (ED&T--45th) SB 635 Shoplifting--fourth offense felony (S Judy--37th) SB 579 Driver's License Restoration--provisions on point reduction for certain courses (Amendment) (Judy--28th) SB 646 Failure to Stop for School Bus--reckless driving (Judy--47th) 1060 JOURNAL OF THE SENATE SB 568 Veteran's License Plate--free if owned or owned jointly with spouse (Pub S--30th) SB 644 Certain Offenses Committed by Child--victim impact statement (Substitute) (Judy--47th) SB 604 Open Meetings--certain exceptions involving compensation (Judy--46th) SB 550 Speed Radar--certain highway grades, hills (Pub S--36th) SB 686 Executive Branch Agency, Department Publications--no names of officials (Sub stitute) (Gov Op--30th) HB 1369 Elections--certain absentee applications by fax (Amendment) (Gov Op--25th) HB 1374 Contested Primaries, Elections--revise provisions (Gov Op--25th) HB 1380 Voter Registration Cards--conditions for county reimbursement when new cards (Gov Op--25th) HB 1471 Public Transportation--prohibit altered coin, card (Trans--1st) HR 645 Hall County--annexation of certain state property into corporate limits (F&PU--49th) HR 652 Mrs. Genevie Dickey--commend and designate Genevie Dickey Bridge (Trans--54th) HR 653 Samuel Frank Morast, Jr. Highway--designate (Trans--16th) HR 713 J. E. "Ted" McTyre Parkway--designate (Trans--31st) HR 722 Stribling Memorial Bridge--designate (Trans--50th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 670. By Senators Robinson of the 16th and Edge of the 28th: A bill to amend Code Section 53-12-231 of the Official Code of Georgia Anno tated, relating to incorporation of fiduciary powers by reference in a will or trust agreement, so as to provide that a provision in a will or trust agreement which incorporates powers by citation and which was valid under the law in existence at the time the will was signed shall be effective despite the subsequent repeal of the statute cited; to provide a time limit. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks FRIDAY, FEBRUARY 21, 1992 1061 Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Ragan of 10th Scott Shumake Starr Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 679. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 2 of Title 52 of the Official Code of Georgia Annotated, the "Georgia Ports Authority Act," so as to change provisions relating to the membership and quorum of the authority; to provide for terms of office; to pro vide for other related matters; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Huggins Moye Shumake Walker of 22nd 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. 1062 JOURNAL OF THE SENATE SB 635. By Senators Clay of the 37th, Ragan of the 32nd and Edge of the 28th: A bill to amend Code Section 16-8-14 of the Official Code of Georgia Annotated, relating to theft by shoplifting, so as to clarify the sentencing provisions for a defendant convicted of a fourth or subsequent offense of shoplifting; to provide that a fourth or subsequent offense is a felony; to provide a penalty; to provide an effective date; to provide for applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Brown of 26th *CTMlayton Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Henson Hill HHugogksms Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^av Roinson S,, cott ,, ., Stemberg Tate Thompson Timmons Turner White Those not voting were Senators: Broun of 46th Coleman Collins Garner Hasty Langford Moye Shumake Taylor Tysinger Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 579. By Senator Edge of the 28th: 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 to persons completing de fensive driving courses or alcohol or drug programs, so as to change the provi sions relating to reduction of an accumulated point count upon completion of a course; to change certain time limits. The Senate Committee on Judiciary offered the following amendment: Amend SB 579 by striking from line 27 of page 1 the following: "three-year", and inserting in lieu thereof the following: "five-year". FRIDAY, FEBRUARY 21, 1992 1063 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 Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Garner Langford Scott Shumake Tate Taylor Thompson Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Langford of the 35th introduced jazz musician Wynton Marsalis who, having been honored by SR 478, adopted previously, briefly addressed the Senate and entertained them with a rendition of jazz music. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 646. By Senator Johnson of the 47th: A bill to amend Code Section 40-6-390 of the Official Code of Georgia Annotated, relating to reckless driving, so as to provide that a violation of the requirement to stop when meeting or overtaking a school bus shall be reckless driving. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1064 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Coleman Hammill Hasty Langford Moye Pollard Ray Shumake Taylor 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. SB 568. By Senator Garner of the 30th: A bill to amend Code Section 40-2-69 of the Official Code of Georgia Annotated, relating to free license plates and revalidation decals for certain disabled veter ans, so as to provide that a veteran who is otherwise eligible for a free license plate as a result of disability shall qualify for a free license plate if such veteran owns or jointly with his or her spouse owns the motor vehicle. The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Wayne Garner State Senator FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 13, 1992 SUBJECT: Fiscal Note - Senate Bill 568 (LC 10 9756) Disabled Veterans' License Plates This Bill would allow disabled veterans who are eligible for a free license plate or revalidation decal to obtain the license plate or decal for vehicles that are jointly owned by the veteran and his or her spouse. Current law specifies that the free license plate or decal may be obtained for vehicles owned by the veteran. FRIDAY, FEBRUARY 21, 1992 1065 It is estimated that this Bill would not have a significant fiscal impact. While the num ber of additional license plates that may be issued as a result of this Bill cannot be deter mined precisely, the number of free license plates issued to disabled veterans during the period January, 1990 to January, 1992 totalled only 3,722. /s/ G. W. Hogan State Auditor Is/ Henry M. Huckaby Director, Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman DDeaawl kins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks JHouhgngsionns Kidd Langford Marable Moye Newbill Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Robinson Scott ,, S,, tem"berg Tate Thompson Turner Tysinger White Those not voting were Senators: Alien Bowen Collins Hammill Perdue Pollard Ray Shumake Taylor Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 644. By Senators Johnson of the 47th, Pollard of the 24th and Steinberg of the 42nd: A bill to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to conduct of juvenile hearings generally, so as to provide that a victim of certain offenses committed by a child may submit a victim impact statement to the juvenile court; to provide for the contents of such victim impact state ment; to provide for the use of such victim impact statement; to provide the child an opportunity to rebut the statement. The Senate Committee on Judiciary offered the following substitute to SB 644: A BILL To be entitled an Act to amend Code Section 15-11-28 of the Official Code of Georgia Annotated, relating to conduct of juvenile hearings generally, so as to provide that a victim 1066 JOURNAL OF THE SENATE of certain offenses committed by a child may submit a victim impact statement to the juve nile court; to provide for the contents of such victim impact statement; to provide for the use of such victim impact statement; to provide the child with a copy of the statement and an opportunity to rebut the statement; to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, so as to change the provisions relating to judicial consideration of victim im pact statement in determining sentence and entering order of restitution; to expand the use of such victim impact statements; to change certain procedures relating to the use of such statements; to provide the defendant with a copy of the statement and an opportunity to rebut the statement; 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 15-11-28 of the Official Code of Georgia Annotated, relating to conduct of juvenile hearings generally, is amended by adding at the end thereof a new sub section (f) to read as follows: "(f) (1) In any delinquency proceeding in which a petition has been filed, the juvenile court shall notify any victim of a delinquent child's alleged offense that the victim may submit a victim impact statement if: (A) The delinquent child, in committing a felony, caused physical, psychological, or economic injury to the victim; or (B) The delinquent child, in committing a misdemeanor, caused serious physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the district attorney or the judge during any stage of the proceedings against the child involving predisposition, disposition, or determination of restitution. (3) A victim impact statement shall: (A) Identify the victim of the offense and the perpetrator; (B) Itemize any economic loss suffered by the victim as a result of the offense; (C) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (D) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (E) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (F) Contain any other information related to the impact of the offense upon the victim that the court requires. (4) The victim may complete the victim impact statement form and submit such form to the juvenile court. If the victim is unable to do so because of such victim's mental, emo tional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim. (5) The court shall, in the manner prescribed by rule of court, provide the child with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the child to have the opportunity to rebut the victim's written statements. (6) No disposition of the child shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person. Section 2. Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedure for sentencing and imposition of punishment, is amended by striking FRIDAY, FEBRUARY 21, 1992 1067 in its entirety Code Section 17-10-1.1, relating to judicial consideration of victim impact statement in determining sentence and entering order of restitution, and inserting in lieu thereof a new Code Section 17-10-1.1 to read as follows: "17-10-1.1. (a)(l) Except in cases in which life imprisonment or the death penalty must be imposed, prior to the fining of the sentence aa provided for in Code Section 17-10 1, the jwtge-mny consider a victim impact statement in determining the appropriate sentence and in entering any order of restitution to the victim ifi when a prosecuting attorney brings charges against a defendant, the prosecuting attorney shall notify any victim of a defend ant's alleged offense that the victim may submit a victim impact statement ifT ft} (A) The defendant, in committing a felony, caused physical, psychological, or eco nomic injury to the victim; or f2) (B) The defendant, in committing a misdemeanor, caused serious physical injury or death to the victim. (2) A victim impact statement submitted by a victim shall be attached to the case file and may be used by the prosecuting attorney or the judge during any stage of the proceed ings against the defendant involving predisposition, plea bargaining, sentencing, or determi nation of restitution. (b) A victim impact statement shall: (1) Identify the victim of the offense and the perpetrator; (2) Itemize any economic loss suffered by the victim as a result of the offense; (3) Identify any physical injury suffered by the victim as a result of the offense along with its seriousness and permanence; (4) Describe any change in the victim's personal welfare or familial relationships as a result of the offense; (5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense; and (6) Contain any other information related to the impact of the offense upon the victim that the court requires. (c) The State Board of Pardons and Paroles shall establish a form document which shall include the elements set forth in subsection (b) of this Code section and shall make copies of such form available to prosecuting attorneys in the state. When requested by the victim, the victim impact statement form document shall be provided to the victim by the prosecuting attorney. The form shall include the address of the State Board of Pardons and Paroles and contain a statement that the victim must maintain a copy of his address with the State Board of Pardons and Paroles and must notify the board of any change of address. (d) The victim may complete the victim impact statement form and submit such form to the appropriate prosecuting attorney charged with the prosecution of the case. If the victim is unable to do so because of such victim's mental, emotional, or physical incapacity, or because of such victim's age, the victim's attorney or a family member may complete the victim impact statement form on behalf of the victim. Prior to the acntcncing, the The prosecuting attorney shall file any such written victim impact statement, if in existence at that time, with the court and shall make it available to the defendant. (e) The court shall, in the manner prescribed by rule of court, provide the defendant with a copy of the victim impact statement within a reasonable time prior to any hearing at which it is to be considered and allow the defendant to have the opportunity to rebut the victim's written statements. (f) If for any reason a victim was not allowed an opportunity to make a written victim impact statement, the victim may submit a victim impact statement to the State Board of Pardons and Paroles in any case prior to consideration of parole. 1068 JOURNAL OF THE SENATE (g) No sentence shall be invalidated because of failure to comply with the provisions of this Code section. This Code section shall not be construed to create any cause of action or any right of appeal on behalf of any person." Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Dawkins Dean Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perry Phillips Bagan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Thompson Timmons Turner Tysinger White Those voting in the negative were Senators: Langford Scott Tate Those not voting were Senators: Bishop Collins Deal English Hammill Perdue Pollard Shumake Taylor Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 42, nays 3. The bill, having received the requisite constitutional majority, was passed by substitute. SB 604. By Senator Broun of the 46th: A bill to amend Chapter 14 of Title 50 of the Official Code of Georgia Annotated, relating to open and public meetings, so as to change the provisions relating to exceptions from the provisions of such chapter for certain meetings. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: FRIDAY, FEBRUARY 21, 1992 1069 Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th ^Cou,lretmnan Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Harris Hasty Hill SHugkgi?ns Johnson Kidd Langford Marable Moye Perdue Perry Phillips Ragan of 10th Ragan Of 32nd Ramsev R R_ obinson cott Starr Steinberg Tate Tysinger White Voting in the negative were Senators Clay and Thompson. Those not voting were Senators: Bishop Hammill Henson Newbill Pollard Shumake Taylor Timmons Turner Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 41, nays 2. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, having been read the third time on February 13 and postponed until February 20, and placed on the Senate Rules Calendar for today, was put upon its passage: SB 550. By Senator Scott of the 36th: A bill to amend Code Section 40-14-9 of the Official Code of Georgia Annotated, relating to the use of radar speed detection devices on hills, so as to eliminate the prohibition against the use of radar speed detection devices on highways having a grade in excess of 7 percent. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Ragan of 10th Ramsey 1070 JOURNAL OF THE SENATE Ray Robinson Scott Steinberg Tate Thompson Turner Tysinger Walker of 22nd White Voting in the negative was Senator Deal. Those not voting were Senators: Alien Bishop Coleman English Moye Pollard Ragan of 32nd Shumake Starr Taylor Timmons Walker of 43rd On the passage of the bill, the yeas were 43, nays 1. The bill, having received the requisite constitutional majority, was passed. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1369. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to require additional information on certain lists of electors; to authorize certain absentee electors to make applications for absentee ballots by facsimile transmission. Senate Sponsor: Senator Kidd of the 25th. Senator Phillips of the 9th offered the following amendment: Amend HB 1369 by striking line 12 of page 1 and inserting in lieu thereof the following: "received too late to be counted; to permit any elector to be accompanied by such elec tor's minor child or minor children into the enclosed area and into a voting compartment or voting machine booth; to provide for an exception; to provide an effective". By redesignating Sections 5, 6, 7, and 8 as Sections 6, 7, 8, and 9, respectively. By adding between lines 23 and 24 of page 8 a new Section 5 to read as follows: "Section 5. Said title is further amended by striking subsection (e) of Code Section 212-413, relating to requirements as to conduct of voters, campaigners, and others at polling places generally, and inserting in lieu thereof a new subsection (e) to read as follows: '(e) All persons except poll officers, poll watchers, persons in the course of voting and such electors' minor children, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preser vation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's minor child or children unless a poll officer determines that such child or children are causing a disturbance or are interfering with the conduct of voting.'"! By redesignating Sections 9 and 10 on page 15 as Sections 11 and 12, respectively. By adding between lines 2 and 3 of page 15 a new Section 10 to read as follows: "Section 10. Said title is further amended by striking subsection (e) of Code Section FRIDAY, FEBRUARY 21, 1992 1071 21-3-320, relating to conduct of voters, campaigners, and others at polling places, and in serting in lieu thereof a new subsection (e) to read as follows: '(e) All persons, except poll officers, persons in the course of voting and such electors' minor children, persons lawfully giving assistance to electors, duly authorized investigators of the State Election Board, and peace officers when necessary for the preservation of order, must remain outside the enclosed space during the progress of the voting. Notwithstanding any other provision of this chapter, any elector shall be permitted to be accompanied into the enclosed area and into a voting compartment or voting machine booth while voting by such elector's minor child or children unless a poll officer determines that such child or children are causing a disturbance or are interfering with the conduct of voting.'". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Collms /-. 11DDeaawl kins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks T HTuggm s JKoihdndson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robin8yon c-t* ,,QCOtt Stteam"berg late Thompson Timmons Tysinger Walker of 22nd White Those not voting were Senators: Alien Bishop Bowen Garner Ray Shumake Taylor Turner Walker of 43rd On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. HB 1374. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Chapter 3 of Title 21 of the Official Code of Georgia Annotated, relating to municipal elections and primaries, so as to provide for the comprehen sive revision of provisions regarding contested primaries and elections. Senate Sponsor: Senator Kidd of the 25th. 1072 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Collins 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 Stein berg Tate Timmons Tysinger Walker of 22nd White Voting in the negative was Senator Newbill. Those not voting were Senators: Alien Bishop Bowen Dawkins Garner Langford Shumake Taylor Thompson Turner Walker of 43rd On the passage of the bill, the yeas were 44, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 1380. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Code Section 21-2-217 of the Official Code of Georgia Annotated, relating to voter registration cards, so as to authorize the Secretary of State to reimburse counties when new cards are required to be issued because of court order or reapportionment. 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dean Echols Edge Egan English Foster Gillis Hammill Harris FRIDAY, FEBRUARY 21, 1992 1073 Hasty Henson Hill HJouhgngsionns Kidd Langford Moye Newbill Perdue Perry PPhoillllairpds Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Shtteeminbbeerrge Timmons Tysinger White Those not voting were Senators: Bishop Bowen Dawkins Deal Garner Hooks Marable Ray Shumake Tate Taylor Thompson Turner Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 41, nays 0. The bill, having received the requisite constitutional majority was passed. HB 1471. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to general provisions regarding offenses against public transportation, so as to prohibit the sale, making, or possession of any altered coin, note, token, transaction card, or similar article to gain entry to a public transit terminal or vehicle and to prohibit the sale or exchange of any transit token, card, or similar article without the consent of certain public transit agencies. 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 Bowen Broun of 46th Brown of 26th Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Huggms Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Stemberg Tate Thompson Timmons Tysinger White 1074 JOURNAL OF THE SENATE Those not voting were Senators: Alien Bishop Dawkins Henson Hill Hooks Ray Shumake Taylor Turner Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution of the House was put upon its adoption: HR 929. By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 21, 1992, and to reconvene on Monday, February 24, 1992. 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 37, nays 1. The resolution, having received the requisite constitutional majority, was adopted. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1440. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the ap plication of certain requirements for emission inspection; to provide a short title. The following bill of the House was read the first time and referred to committee: HB 1440. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the ap plication of certain requirements for emission inspection; to provide a short title. Referred to Committee on Natural Resources. The following general resolutions of the House, favorably reported by the committees, were read the third time and put upon their adoption: HR 645. By Representatives Lawson of the 9th, Jackson of the 9th and Orr of the 9th: A resolution consenting to the annexation of certain state owned real property located in Hall County into the corporate limits of the City of Gainesville. Senate Sponsor: Senator Deal of the 49th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. FRIDAY, FEBRUARY 21, 1992 1075 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 of 46th Brown of 26th English Foster Garner Gillis Hammill Hagt Hengon Coleman Collins Deal Dean Echols Edge Egan Huggins Jo^ Kldd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd ^ Robinson Scott ftarr Stemberg Tate Thompson Timmons Tysinger White Those not voting were Senators: Dawkins Harris Hill Hooks Ray Shumake Taylor Turner Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 652. By Representatives Mann of the 6th, Griffin of the 6th and Poag of the 3rd: A resolution commending Mrs. Genevie Dickey and designating the Genevie Dickey Bridge. Senate Sponsor: Senator Ramsey of the 54th. 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 of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Huggins Johnson Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Steinberg 1076 JOURNAL OF THE SENATE Tate Thompson Timmons Tysinger White Those not voting were Senators: Dawkins Gillis Hooks Kidd Phillips Ray Scott Shumake Taylor Turner Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 653. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others: A resolution designating the Samuel Frank Morast, Jr., Highway. Senate Sponsor: Senator Robinson of the 16th. 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 of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Huggins Johnson Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Thompson Timmons Tysinger Walker of 22nd White Those not voting were Senators: Dawkins Hammill Hooks Kidd Phillips Ray Shumake Taylor Turner Walker of 43rd On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. FRIDAY, FEBRUARY 21, 1992 1077 HR 713. By Representatives Watts of the 41st and Murphy of the 18th: A resolution designating the J. E. "Ted" McTyre Parkway. Senate Sponsor: Senator Dean of the 31st. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Huggins Johnson Kidd Marable Moye Newbill Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Tate Thompson Timmons Tysinger White Those not voting were Senators: Coleman Collins DuHaawmkmini-1ls1l Hill Hooks Langford Perdue PDRhaiyllips Scott Shumake Steinberg Taylor rTrurner Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 39, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 722. By Representatives Dover of the llth and Jamieson of the llth: A resolution designating the Stribling Memorial Bridge. Senate Sponsor: Senator Foster of the 50th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Egan Garner Gillis Hammill Harris Huggins Langford Marable 1078 JOURNAL OF THE SENATE Moye Newbill PT-h..i.l.lIi. ps Pollard Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Thompson Timmons Tysmger White Those not voting were Senators: Bishop Broun of 46th Dawkins EFonsgtleisrh Hasty Henson Hill Hooks Johnson Kld, d Perdue Ragan of 10th Ray Shumake Taylor T_,urner Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 37, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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 30334-1505 February 21, 1992 The Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Sir: I am transmitting to you herewith a certified list of those persons who have registered on the Docket of Legislative Appearance for the 1992 Session of the General Assembly for the week ending February 21, 1992. It contains the Docket Numbers 1528 through 1549. We have voided 2 entries, leaving a total 19 registered this week. We have 1182 total registered. Most Sincerely, /a/ Max Cleland Secretary of State STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearances as of February 21, 1992, in accordance with Georgia Law 1970, page 695; as the same appears of file and record in this office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 21st day of February, in the year of our Lord One FRIDAY, FEBRUARY 21, 1992 1079 Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (Seal) M Max Cleland Secretary of State 3rd Judicial Admin. District of Georgia David L. Ratley P.O. Box 1036 Macon, Georgia 31202-1036 (912) 749-6661 9 to 5, National Association of Working Women Cindia Cameron 250 10th St. NE. #107 Atlanta, Georgia 30309 (404) 876-1604 Alemlick, Fine & Callner, P.A. Lowell Fine 245 Peachtree Center Avenue Atlanta, Georgia 30303 (404) 688-8800 Atlanta Audubon Society Linda C. Jones 373 Augusta Avenue, S.E. Atlanta, Georgia 30315 (404) 624-1289 Council of State Court Judges of Georgia Richard M. Cowart P.O. Box 806 Valdosta, Georgia 31603-0806 (912) 333-5101 Engelhard Corporation Joe H. McKenzie, Jr. Post Office Box 37 Gordon, Georgia 31031 (912) 628-7206 Georgia Chiropractic Association Georgia B. Murphy 161 Spring Street Atlanta, Georgia 30303 (404) 688-1434 Georgia Nursing Home Association Glenn P. Hendrix 55 Park Place Suite 400 Atlanta, Georgia 30335 (404) 577-5100 Georgia OB-GYN Society Billy O. Burk 1105 North 5th Avenue Rome, Georgia 30161 (404) 291-0884 Georgia Chiropractic Association Hazel C. Cotney 142 Mitchell Street, SW Suite LL1 Atlanta, Georgia 30303 (404) 688-3730 Georgia Coalition for Family and Medical Leave Cindia Cameron 250 10th St. NE. #107 Atlanta, Georgia 30309 (404) 876-1604 Georgia Independent Automobile Dealers Association Paul Phillip Day 2179 Northlake Parkway Suite 115 Tucker, Georgia 30080 (404) 934-3919 Global Telcoin, Inc. David S. Morrison 1240 Johnson Ferry Road A-50 Marietta, Georgia 30068 (404) 971-6227 International Finance Corporation David Aronofsky 1050 Connecticut Avenue, N.W. Washington, DC 20036 (404) 857-6054 JDP Group J. David Porter P.O. Box 7354 Atlanta, Georgia 30357-0354 (404) 294-4414 Johnson & Johnson Lowell Fine 245 Peachtree Center Avenue Atlanta, Georgia 30303 (404) 688-8800 L.E.G.A.L. Terry Foster P.O. Box 54167 Atlanta, Georgia 30308 (404) 605-7476 1080 JOURNAL OF THE SENATE Legal J. David Porter P.O. Box 7354 Atlanta, Georgia 30357-0354 (404) 294-4414 Legisletter, Inc. David S. Morrison 1240 Johnson Ferry Road A-50 Marietta, Georgia 30068 (404) 971-6227 Pharmaceutical Manufacturers Association Paul J. Emrick 1100 15th St., N.W. Suite 900 Washington, DC 20005 (404) 835-3529 Professional Dynamics, Inc-Medical Concerns Walter E. Disher 438 Fieldstone Court Lilburn, Georgia 30247 (404) 921-2214 State Court of Lowndes County Richard M. Cowart P.O. Box 806 Valdosta, Georgia 31603-0806 (912) 333-5101 State Ethics Commission Denise Cleveland Leggett 300 Financial Center South 3333 Peachtree Road, N.E. Atlanta, Georgia 30324 (404) 239-1931 Velma Cowen Tilley P.O. Box 534 Cartersville, Georgia 30120 (404) 382-4374 Superior Courts of 3rd Admin. Judicial Dis trict of Georgia David L. Ratley P.O. Box 1036 Macon, Georgia 31202-1036 (912) 749-6661 Williams Morrison Agency David S. Morrison 1240 Johnson Ferry Road A-50 Marietta, Georgia 30068 (404) 971-6227 Senator Garner of the 30th moved that the Senate, pursuant to HR 929 adopted previ ously, stand in recess until 5:00 o'clock P.M. today, and at that time stand adjourned until Monday, February 24, 1992, at 10:00 o'clock A.M. At 12:00 o'clock Noon, the President announced the motion prevailed. MONDAY, FEBRUARY 24, 1992 1081 Senate Chamber, Atlanta, Georgia Monday, February 24, 1992 Twenty-first Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Friday, February 21 had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1696. By Representative Murphy of the 18th: A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to provide for education districts. HB 1730. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts. HB 1764. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the position of deputy clerk; to provide for the position of county treasurer. HB 1766. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th: A bill to repeal an Act to amend an Act creating a Board of Commissioners of Coweta County. HB 1768. By Representatives Clark of the 20th, Vaughan of the 20th, Atkins of the 21st, Hammond of the 20th, Coker of the 21st and others: A bill to amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, so as to provide that the municipal court shall be authorized to create a probation office under the supervision of the chief judge of said court. HB 1770. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: 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 compensation of the personnel of said officer. 1082 JOURNAL OF THE SENATE HB 1771. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: 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 compensation of the personnel of said officer. HB 1773. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the compensation of the personnel of the tax commissioner. HB 1774. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide a new charter for the City of Hartwell. HB 1767. By Representatives Yeargin of the 14th, Connell of the 87th, Ricketson of the 82nd, Padgett of the 86th, Brush of the 83rd and others: A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the authority. HB 1612. By Representative Groover of the 99th: A bill to amend Part 5 of Article 1 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the execution of corporate documents, and Article 1 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relating to corporation, so as to create a presumption of authority when the president or vice-president of a corporation executes a docu ment and that document is attested to by the secretary, assistant secretary, or other officer to whom such responsibility has been delegated. HB 1718. By Representative Lane of the 27th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require any person licensed under Title 43 to provide evidence of such licensure before any county or municipal corporation issues a business license to that person. HB 1219. By Representative Watson of the 114th: A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for limitations for actions to recover damages against an accountant or an accounting partnership, profes sional association, or professional corporation relative to an alleged breach of contract or negligent performance of accounting services. HB 666. By Representative Meadows of the 91st: A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the maximum number of directors of a development authority. HB 1570. By Representatives Parham of the 105th and Watts of the 41st: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide an exception to the require ment that vehicles transporting etiologic agents be distinctively marked. MONDAY, FEBRUARY 24, 1992 1083 HB 1594. By Representative Cummings of the 17th: A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishment of creditable service in the Teachers Retirement Sys tem of Georgia by persons who have withdrawn their contributions, so as to pro vide that such creditable service may be reestablished a portion at a time. HB 1545. By Representatives Baker of the 51st, Irwin of the 57th, Sherrill of the 47th and Dunn of the 73rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide new standards for the designation of official organs. The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate: HR 787. By Representative Hudson of the 117th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer main in, on, over, under, upon, across, or through property owned by the State of Georgia in Wilcox County, Georgia. HR 788. By Representatives Smith of the 156th and Fennel of the 155th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a marina facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Glynn County, Georgia. SR 369. By Senator Thompson of the 33rd: A resolution authorizing and directing the conveyance of certain state-owned property located in Cobb County, Georgia. The House has agreed to the Senate substitute to the following bill of the House: HB 354. By Representatives Poston of the 2nd, Snow of the 1st, Poag of the 3rd, McCoy of the 1st and Perry of the 5th: 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 provide for a fourth judge of the superior courts of the Lookout Mountain Judi cial Circuit of Georgia; to provide for the election and term of office of said judge. The House has passed by the requisite constitutional majority the following bill of the House: HB 1202. By Representatives Dunn of the 73rd, Lucas of the 102nd, Sherrill of the 47th, Bordeaux of the 122nd and Valenti of the 52nd: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for continuation rights for per sons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate. The following bill and resolution of the Senate were introduced, read the first time and referred to committees: SB 737. By Senators Ramsey of the 54th and Huggins of the 53rd: A bill to amend Article 3 of Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to prestige and special license plates, so as to provide for 1084 JOURNAL OF THE SENATE distinctive license plates for emergency management personnel; to provide for issuance of such plates if 250 applications are received; to provide for a fee; to provide for transfer between vehicles in certain circumstances; to provide for li cense plates of separated emergency management personnel. Referred to Committee on Public Safety. SR 493. By Senators Hammill of the 3rd, Coleman of the 1st, Robinson of the 16th and others: A resolution urging the presidential candidates to identify and communicate their position on critical issues facing children, youth, and families. Referred to Committee on Youth, Aging and Human Ecology. The following bills and resolutions of the House were read the first time and referred to committees: HB 666. By Representative Meadows of the 91st: A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the maximum number of directors of a development authority. Referred to Committee on Insurance and Labor. HB 1202. By Representatives Dunn of the 73rd, Lucas of the 102nd, Sherrill of the 47th and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for continuation rights for per sons age 60 and over whose coverage under certain group accident and sickness insurance plans would otherwise terminate. Referred to Committee on Insurance and Labor. HB 1219. By Representative Watson of the 114th: A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for limitations for actions to recover damages against an accountant or an accounting partnership, profes sional association, or professional corporation relative to an alleged breach of contract or negligent performance of accounting services. Referred to Committee on Banking and Financial Institutions. HB 1545. By Representatives Baker of the 51st, Irwin of the 57th, Sherrill of the 47th and Dunn of the 73rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide new standards for the designation of official organs. Referred to Committee on Special Judiciary. HB 1570. By Representatives Parharn of the 105th and Watts of the 41st: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide an exception to the require ment that vehicles transporting etiologic agents be distinctively marked. Referred to Committee on Transportation. MONDAY, FEBRUARY 24, 1992 1085 HB 1594. By Representative Cummings of the 17th: A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishment of creditable service in the Teachers Retirement Sys tem of Georgia by persons who have withdrawn their contributions, so as to pro vide that such creditable service may be reestablished a portion at a time. Referred to Committee on Retirement. HB 1612. By Representative Groover of the 99th: A bill to amend Part 5 of Article 1 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the execution of corporate documents, and Article 1 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relating to corporations, so as to create a presumption of authority when the president or vice-president of a corporation executes a doc ument and that document is attested to by the secretary, assistant secretary, or other officer to whom such responsibility has been delegated. Referred to Committee on Judiciary. HB 1718. By Representative Lane of the 27th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require any person licensed under Title 43 to provide evidence of such licensure before any county or municipal corporation issues a business license to that person. Referred to Committee on Urban and County Affairs (General). HB 1767. By Representatives Yeargin of the 14th, Connell of the 87th, Ricketson of the 82nd and others: A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the authority. Referred to Committee on Urban and County Affairs (General). HR 787. By Representative Hudson of the 117th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer main in, on, over, under, upon, across, or through property owned by the State of Georgia in Wilcox County, Georgia. Referred to Committee on Finance and Public Utilities. HR 788. By Representatives Smith of the 156th and Fennel of the 155th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a marina facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Glynn County, Georgia. Referred to Committee on Finance and Public Utilities. HB 1696. By Representative Murphy of the 18th: A bill to amend an Act providing for the election of the members of the Board of Education of Haralson County, so as to provide for education districts. Referred to Committee on Urban and County Affairs. 1086 JOURNAL OF THE SENATE HB 1730. By Representatives Purcell of the 129th and Mueller of the 126th: A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts and posts. Referred to Committee on Urban and County Affairs. HB 1764. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the position of deputy clerk; to provide for the position of county treasurer. Referred to Committee on Urban and County Affairs. HB 1766. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th: A bill to repeal an Act to amend an Act creating a Board of Commissioners of Coweta County. Referred to Committee on Urban and County Affairs. HB 1768. By Representatives Clark of the 20/4, Vaughan of the 20th, Atkins of the 21st and others: A bill to amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, so as to provide that the municipal court shall be authorized to create a probation office under the supervision of the chief judge of said court. Referred to Committee on Urban and County Affairs. HB 1770. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: 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 compensation of the personnel of said officer. Referred to Committee on Urban and County Affairs. HB 1771. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: 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 compensation of the personnel of said officer. Referred to Committee on Urban and County Affairs. HB 1773. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the compensation of the personnel of the tax commissioner. Referred to Committee on Urban and County Affairs. HB 1774. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide a new charter for the City of Hartwell. Referred to Committee on Urban and County Affairs. MONDAY, FEBRUARY 24, 1992 1087 The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Ethics has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 480. Do pass by substitute. SB 482. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills and resolu tion of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: HB 1185. Do pass. SB 714. Do pass. HB 1187. Do pass. SR 480. Do pass. SB 715. Do pass. SB 676. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 726. Do pass. HB 1704. Do pass. HB 1465. Do pass. HB 1705. Do pass. HB 1495. Do pass. HB 1707. Do pass. HB 1623. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 633. SB 695. HB 1006. HB 1533. Do pass. Do pass. Do pass by substitute. Do pass. HB 1651. HB 1357. HB 1358. Do pass by substitute. Do pass. Do pass as amended. Respectfully submitted, Senator Harris of the 27th District, Chairman 1088 JOURNAL OF THE SENATE The following bills and resolutions of the Senate and House were read the second time: SB 166. By Senators Taylor of the 12th, Gillis of the 20th, Timmons of the llth and others: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a spouse who is a designated benefi ciary predeceases the retired member, the retirement allowance of the retired member shall be increased to the maximum allowance; to provide that a new spouse may be designated a beneficiary. SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities oG the premises of the employer during nonworking hours; to provide for liability of the employer. SB 572. By Senator Ramsey of the 54th: A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Anno tated, relating to police investigation of incidents of family violence, so as to add to the factors for consideration in determining the primary physical aggressor the fear inflicted on another person; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to relief from family violence to be granted by superior courts, so as to change the definition of "family violence". SB 634. By Senators Garner of the 30th, English of the 21st and Gillis of the 20th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to prohibit carrying children under a certain age as passengers on bicycles; to require use of bicycle paths under certain conditions; to require the use of bicycle helmets by minors under a certain age. SB 639. By Senator Henson of the 55th: A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the wholesale distribution by out-of-state principal, so as to repeal certain provisions relating to contract for services in the state; to repeal the requirement that the principal contracts with a sales representative be in writing; to change the provisions relating to rights of sales representatives; to provide an effective date. SB 649. By Senator Alien of the 2nd: A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that an action in which no written order is taken for a period of three years shall automatically stand dis missed; to provide for related matters; to provide an effective date; to provide for applicability. SB 664. By Senators Deal of the 49th and Pollard of the 24th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving MONDAY, FEBRUARY 24, 1992 1089 under the influence of alcohol or drugs, the court shall attach a copy of the de fendant's record of convictions for traffic offenses to the judge's sentence or judgment. SB 665. By Senator Deal of the 49th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of al cohol or drugs; to change the conditions under which a plea of nolo contendere may be used by a defendant to avoid certain penalties for violating Code Section 40-6-391. SB 675. By Senators Johnson of the 47th and Deal of the 49th: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in general, so as to provide that judges shall have contempt powers to deal with unexcused absent jurors. SB 677. By Senator Walker of the 22nd: A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual poli cies of accident and sickness insurance shall be paid directly to the provider of such services subject to the written direction of insured; to provide for notice to providers when payment is made to the insured. SB 678. By Senator Baldwin of the 29th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Department of Correc tions or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons. SB 688. By Senators Perry of the 7th, Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties with respect to handicapped parking, so as to make it unlawful for any person other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued to park a vehicle in a handicapped parking place if the person for whom a handicapped parking permit or specially designated license plate for a disabled person is issued is not in the vehicle. SB 703. By Senators Steinberg of the 42nd, Johnson of the 47th, Moye of the 34th and others: A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for legislative findings; to create a State Commission on Family Violence; to provide for a comprehensive state plan for ending family violence; to provide for membership of the commission; to pro vide for appointment, terms, vacancies, per diem, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission. 1090 JOURNAL OF THE SENATE HB 62. By Representative Redding of the 50th: A bill to amend Article 1 of Chapter 5 of Title 3 of the Official Code of Georgia Annotated, relating to general provisions regarding malt beverages, so as to pro vide that a head of a household may produce 200 gallons of malt beverages per year for home consumption without being licensed or paying excise taxes. HB 183. By Representative Buck of the 95th: A bill to amend Chapter 9 of Title 47 of the Official Code of Georgia Annotated, the "Act Creating the Superior Court Judges Retirement System," so as to au thorize creditable service for certain prior service. HB 184. By Representatives Buck of the 95th and Walker of the 115th: A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to provide that certain district attorneys who are members of the District Attorneys Retirement Fund of Geor gia created by Code Section 47-12-21 may become members of the District Attor neys' Retirement System created by Code Section 47-13-20 under certain conditions. HB 203. By Representative Pettit of the 19th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees' retirement systems of certain state authorities and commissions, so as to provide that all officers and employees of the GeorgiaNet Authority shall become members of the Employees' Retirement System of Georgia. HB 216. By Representatives Thomas of the 69th, Cummings of the 17th, Dixon of the 128th and others: A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service. HB 309. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, eligibility for retirement, and the suspension of re tirement benefits under the Employees' Retirement System of Georgia upon reemployment, so as to provide that such benefits shall not be suspended if a mem ber performs no more than 1,040 hours of service for certain employers. HB 310. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-6-84 of the Official Code of Georgia Annotated, relating to termination of the retirement allowance of any retired member re turning to state service and to retirement benefits for retired members returning to service in the General Assembly, so as to provide that such retirement allow ance shall not cease for a retired member who returns to state service and who performs no more than 1,040 hours of such service in any calendar year. HB 559. By Representatives Smith of the 156th and Green of the 106th: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to provide for a Division of Irriga tion Contractors. MONDAY, FEBRUARY 24, 1992 1091 HB 888. By Representatives Holland of the 136th, Coleman of the 118th, Lane of the 27th and others: A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices in consumer transactions, so as to make certain provisions relating to the use of certain parts in repairing damaged automobiles. HB 1144. By Representatives Randall of the 101st and Redding of the 50th: A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to clarify the definition of pledged goods as it relates to a motor vehicle and motor vehicle certificates of title. HB 1156. By Representatives Streat of the 139th, Twiggs of the 4th, Dobbs of the 74th and others: A bill to amend Code Section 16-11-100 of the Official Code of Georgia Anno tated, relating to the offense of failing to remove the lid, door, or locking device from certain abandoned, unattended, or discarded containers, so as to define the offense of leaving in a place accessible to children a motor vehicle which cannot easily be opened from the inside; to amend Code Section 43-48-11 of the Official Code of Georgia Annotated, relating to investigation of complaints, so as to pro vided for the suspension, revocation, or refusal to renew such license. HB 1162. By Representative Adams of the 79th: A bill to amend Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, so as to provide that at least one member of such board shall be a physically handicapped person. HB 1229. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Em ployees Benefit System, so as to authorize the employees of certain local authori ties to participate in such system. HB 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th and others: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. HB 1347. 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 1371. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to change certain provisions relating to residency requirements. 1092 JOURNAL OF THE SENATE HB 1565. By Representatives Murphy of the 18th, McKinney of the 35th, Lucas of the 102nd and others: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide that certain per sons who accept a reportable campaign contribution during a legislative session shall report such contribution on the first day of the month following such contribution. HR 648. By Representatives Buck of the 95th, Lane of the lllth and Stancil of the 66th: A resolution urging the Board of Regents of the University System of Georgia to consider establishing educational instruction in gerontology at every unit of the University System of Georgia by the year 2000. HR 734. By Representatives Royal of the 144th, Colwell of the 4th and Murphy of the 18th: A resolution designating the Jimmy Autry Correctional Institution. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton ^C1ol?lins Dawkins DDeeaaln Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins S KiddSn Langford MMoayraeble Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr rSptaetienberg m, TI>hoylmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Alien Bishop Coleman Hammill Henson Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Dean of the 31st introduced the chaplain of the day, Reverend Steve Fetkenhour, pastor of Second Baptist Church, Cedartown, Georgia, who offered scripture reading and prayer. MONDAY, FEBRUARY 24, 1992 1093 The following resolution of the Senate was read and adopted: SR 492. By Senators Hammill of the 3rd, Alien of the 2nd and Coleman of the 1st: A resolution commending and recognizing Dr. Whit Fraser. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Monday, February 24, 1992 TWENTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 726 Deal, 49th HALL COUNTY A bill to amend an Act creating the State Court of Hall County, so as to provide for the appointment and compensation of an associate state court judge. HB 1465 White, 48th BARROW COUNTY A bill to amend an Act providing authority for members of the Board of Education of Barrow County, so as to reapportion the education districts. HB 1495 Huggins, 53rd CHATTOOGA COUNTY A bill to amend an Act to create the Board of Commissioners of Chattooga County, so as to provide new commissioner districts. HB 1623 Foster, 50th RABUN COUNTY A bill to create the Clayton-Rabun County Water and Sewer Authority. HB 1704 Marable, 52nd FLOYD COUNTY A bill to provide a homestead exemption from Floyd County ad valorem taxes for county purposes. HB 1705 Marable, 52nd FLOYD COUNTY A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents. HB 1707 Foster, 50th RABUN COUNTY A bill to create a public body corporate and politic and instrumentality of the County of Rabun, to be known as the Rabun County Economic Development Authority. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. 1094 JOURNAL OF THE SENATE On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Foster Pollard Starr Shumake On the passage of all the local bills, the yeas were 51, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE RULES CALENDAR Monday, February 24, 1992 TWENTY-FIRST LEGISLATIVE DAY SB 468 Board of Medical Examiners--Physician's Assistants Advisory Committee ex penses (H&HS--25th) SB 600 Housing and Finance Authority Act--intent, powers, bonds (Substitute) (F&PU--45th) SR 443 Joint Study Commission on Revenue Structure--create (Substitute) (Rules--49th) SB 595 Georgia Emergency Management Agency--create (Amendment) (D&VA--45th) SB 607 Landmark Historic Property--residential property meeting criteria (Substitute) (Nat R--32nd) SR 472 University System of Georgia--encourage convert to semester system (Ed--50th) SB 622 Students--grade requirement for extracurricular athletics (Substitute) (Ed--37th) SR 444 Veterans' Medical Facilities--urge Congress oppose use by nonveterans (D&VA--7th) SB 614 Office of Fair Employment Practices--change name (Substitute) (S Judy--15th) SB 693 Personal Care Homes--granting of waivers (H&HS--18th) HB 1151 Springer Opera House--official Georgia state theater (ED&T--16th) MONDAY, FEBRUARY 24, 1992 1095 HB 727 Textbooks--sanctions for pupil refusing to pay for lost, damaged (Amendment) (Ed--24th) HB 1236 County Governing Authorities--creation of county police force (Pub S--45th) HB 1233 State Advisory Committee on Rural Development--number of members (ED&T--12th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 468. By Senator Kidd of the 25th: A bill to amend Code Section 43-34-21 of the Official Code of Georgia Annotated, relating to the creation of the Composite State Board of Medical Examiners, so as to provide for certain expense allowances, mileage allowances, and reimburse ment for members of the Physician's Assistants Advisory Committee. The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Charles W. Walker State Senator FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 19, 1992 SUBJECT: Fiscal Note - Senate Bill 468 (LC 10 9633) Composite State Board of Medical Examiners: Reimbursement of Expenses for the Physician's Assistants Advisory Committee This Bill would allow each member of the Physician's Assistants Advisory Committee to receive expense allowances, mileage allowances, and reimbursement the same as members of the Composite State Board of Medical Examiners. This Bill would result in approximately $7,200 of additional per diem and travel ex pense annually for the Composite State Board of Medical Examiners. Currently, the law requires two members of the Committee to also be members of the Medical Board and may receive expense reimbursement. This estimate is based on an average reimbursement of $100 per day, for 12 days (one day per month), for each of the six members who are not mandated by law to receive the expense reimbursement. /s/ G. W. Hogan State Auditor /s/ Henry M. Huckaby 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: 1096 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Hurt0" Hammill Harris Hasty Henson HiU Hooks Huggins ^CPIDJ.oee^alayel,nman Edge Egan English Foster Garner Gillis JKL,,o.aihdn,ndg,sfoonrd, Marable Moye Newbill Perdue Perry Phillips Pollard Voting in the negative was Senator Collins. Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr TS,,T_,taaeytieln.obrerg Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Dawkins Shumake On the passage of the bill, the yeas were 52, nays 1. The bill, having received the requisite constitutional majority, was passed. The following resolution of the Senate was read and adopted: SR 491. By Senators Coleman of the 1st, Hammill of the 3rd, Kidd of the 25th and others: A resolution welcoming Bill Lewis as the new head football coach of Georgia Tech. Senator Coleman of the 1st introduced Bill Lewis, new head football coach at Georgia Tech, and Pat Crecine, President of Georgia Tech, who briefly addressed the Senate. The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SR 443. By Senators Deal of the 49th, Foster of the 50th, Johnson of the 47th and others: A resolution creating the Joint Study Commission on Revenue Structure. The Senate Committee on Rules offered the following substitute to SR 443: A RESOLUTION Creating the Joint Study Commission on Revenue Structure; and for other purposes. WHEREAS, the revenue structure of this state has evolved over hundreds of years with relatively little analysis of the tax structure of the state as a whole; and WHEREAS, many elements of our tax structure were put in place many years ago and have been little changed since their inception, for example, the state income tax structure has changed very little since its initial adoption in 1931, and many state fees have not changed since their original imposition; and MONDAY, FEBRUARY 24, 1992 1097 WHEREAS, our school tax structure's primary reliance on local ad valorem taxes like wise was implemented over a century ago and has been little changed since its implementa tion; and WHEREAS, much attention has been directed to the state's pressing needs for educa tional improvements, including capital outlay improvements, but far less examination has been given to whether revenue structure changes could enhance the opportunity for such improvements; and WHEREAS, a pressing need exists for an overall comprehensive evaluation of the state's revenue structure in general, as well as a particular evaluation of the effects of the revenue structure with respect to education. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Study Commission on Revenue Structure. The commission shall be composed of 18 members. The President of the Senate shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The Speaker of the House shall serve as a member of the commission and shall serve as cochairman or shall appoint another member of the commission to serve as cochairman of the commission. The Presi dent of the Senate and the Speaker of the House shall each appoint five members of the commission. The Governor shall appoint six members of the commission. The cochairmen shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any actions or legislation which the commission deems necessary or appropriate. The com mission may conduct such meetings at such places and at such times as it may deem neces sary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The members of the commis sion who are members of the General Assembly or who are not state officers or employees shall receive the allowances authorized for legislative members of interim legislative com mittees but shall receive the same for not more than ten days unless additional days are authorized. The funds necessary to carry out the provisions of this resolution shall come from the funds appropriated to the Senate and the House of Representatives. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1992. The commission shall stand abolished on December 31, 1992. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye 1098 JOURNAL OF THE SENATE Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bishop Garner Hooks Shumake Walker of 22nd On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. SB 595. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 3 of Title 38 of the Official Code of Georgia Annotated, relating to emergency management, so as to create the Georgia Emergency Man agement Agency as a separate agency and successor to the Emergency Manage ment Division, Department of Defense; to provide for the director of emergency management; to assign the agency to the Office of Planning and Budget for ad ministrative purposes only; to abolish the position of executive director of emer gency management. The Senate Committee on Defense and Veterans Affairs offered the following amendment: Amend SB 595 by striking line 1 of page 1 and inserting in lieu thereof the following: "To amend Chapter 2 of Title 38 of the Official Code of Georgia Annotated, known as the 'Georgia Military Forces Reorganization Act of 1955,' so as to delete certain provisions relating to the emergency management agency as a part of the Department of Defense; to change the provisions relating to the duties of the assistant adjutant general; to amend Chapter 3 of Title 38 of the Official Code". By redesignating Sections 1 through 6 as Sections 3 through 8, respectively. By adding between lines 14 and 15 of page 1 the following: "Section 1. Chapter 2 of Title 38 of the Official Code of Georgia Annotated, known as the 'Georgia Military Forces Reorganization Act of 1955,' is amended by striking Code Sec tion 38-2-130, relating to creation of the Department of Defense, and inserting in lieu thereof a new Code Section 38-2-130 to read as follows: '38-2-130. There shall be an agency of the state government to be known as the Depart ment of Defense of the State of Georgia which shall be composed of the military agency and the emergency management agency as provided in the laws of this state. The adjutant gen eral shall be the executive head of the Department of Defense.' Section 2. Said chapter is further amended by striking Code Section 38-2-152, relating to assistant adjutants general, and inserting in lieu thereof a new Code Section 38-2-152 to read as follows: '38-2-152. The Governor shall appoint an assistant adjutant general for army and an assistant adjutant general for air to assist the adjutant general in the discharge and per formance of his duties. Each of the assistant adjutants general, at the time of appointment, shall be a federally recognized officer with the rank of lieutenant colonel or higher with not MONDAY, FEBRUARY 24, 1992 1099 less than five years of continuous service in the Army or Air National Guard of this state. An officer who has retired or resigned from the Georgia National Guard shall be eligible for appointment as assistant adjutant general for army or air; provided, however, that the of ficer shall have served not less than five years in a federally recognized status in the active Army or Air National Guard, as appropriate, and attained the rank of lieutenant colonel or higher; and provided, further, that the appointment of the officer shall be within five years after the date of his retirement or resignation and prior to his attaining age 60. Each of the assistant adjutants general shall have the rank of brigadier general. Each of the officers shall receive the pay and allowances of a brigadier general as provided by law for an officer of equivalent rank in the regular armed forces of the United States. In the event of a vacancy in the office of the adjutant general, and until his successor is appointed and qualified as provided by law, the assistant adjutant general who is senior in rank shall perform the du ties required of the adjutant general in connection with the military division, but he shall perform no duties in connection with the Emergency Management Division; as provided by law. Assistant adjutants general shall hold no other state office, and they shall serve at the pleasure of the Governor.' " On the adoption of the amendment, the yeas were 30, nays 2, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th 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 Perdue Perry 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: Bishop English Phillips Shumake Steinberg Timmons On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 1100 JOURNAL OF THE SENATE SB 607. By Senators Ragan of the 32nd and Clay of the 37th: A bill to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to provide that residential property shall be considered landmark historic property if it meets such criteria. The Senate Committee on Natural Resources offered the following substitute to SB 607: A BILL To be entitled an Act to amend Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, so as to revise the definition of landmark historic property; to extend the preferential assessment; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-5-7.3 of the Official Code of Georgia Annotated, relating to landmark historic property, is amended by striking paragraphs (1) and (3) of subsection (a) and inserting in lieu thereof the following: "(1) For the purposes of this Code section, 'landmark historic property' means tangible income producing real property which: (A) Has been listed on the National Register of Historic Places or on the Georgia Regis ter of Historic Places as provided in Part 1 of Article 3 of Chapter 3 of Title 12 and has been so certified by the Department of Natural Resources; and (B) Has been certified by a local government as landmark historic property having ex ceptional architectural, historic, or cultural significance pursuant to a comprehensive local historic preservation or landmark ordinance which is of general application within such lo cality and has been approved as such by the state historic preservation officer." "(3) Property may qualify as landmark historic property and be eligible to receive the preferential assessment provided for in this Code section only if the local governing author ity has adopted an ordinance authorizing such preferential assessments for landmark his toric property under this Code section. Notwithstanding any other provision of this para graph, said ordinances may extend the preferential assessment authorized by this Code section to tangible income-producing real property, tangible nonincome-producing real property, or combination thereof, so as to encourage the preservation of historic properties and assist in the revitalization of historic 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: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Foster Garner Gillis Hammill Harris Hasty MONDAY, FEBRUARY 24, 1992 1101 Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Egan English Ramsey 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. SR 472. By Senator Foster of the 50th: A resolution encouraging the conversion of the University System of Georgia to the semester calendar. 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Foster Garner Gillis Hammill Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinbere T, Thompson Timmons Turner Tysinger Walker of 43rd White Voting in the negative were Senators Egan and Henson. Those not voting were Senators: Bishop English Harris Pollard Shumake Starr Walker of 22nd On the adoption of the resolution, the yeas were 47, nays 2. 1102 JOURNAL OF THE SENATE The resolution, having received the requisite constitutional majority, was adopted. SB 622. By Senators Clay of the 37th, Newbill of the 56th and Ragan of the 32nd: A bill to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that a student shall not be eligi ble to participate in extracurricular athletics unless such student maintains a passing grade on the subjects being taken. The Senate Committee on Education offered the following substitute to SB 622: A BILL To be entitled an Act to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that Georgia Board of Educa tion Rule 160-5-1-.18 Extracurricular Activities: No Pass/No Participate shall not apply to students in grades six through eight; 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 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, is amended by adding a new Part 5 to read as follows: "Part 5 20-2-785. Georgia Board of Education Rule 160-5-1-.18 Extracurricular Activities: No Pass/No Participate shall not apply to students in grades six through eight." 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 1, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th urton rCo lemnan Collins Edge English Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Move Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Deal Dean Foster Garner Taylor MONDAY, FEBRUARY 24, 1992 1103 Those not voting were Senators: Bishop Dawkins Bchols Hooks Langford Shumake Starr Walker of 22nd On the passage of the bill, the yeas were 43, nays 5. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 444. By Senators Perry of the 7th, Kidd of the 25th and Ray of the 19th: A resolution urging Congress and the Secretary of the Department of Veterans Affairs to oppose and prevent any attempt to allow nonveterans the use of veter ans' medical facilities. 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 of 46th Brown of 26th 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 Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 1104 JOURNAL OF THE SENATE Those not voting were Senators: Bishop Langford Shumake Starr Steinberg On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Garner of the 30th introduced the doctor of the day, Dr. Evan Gonzales, of Villa Rica, Georgia. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 693. By Senators Perdue of the 18th, Johnson of the 47th and Garner of the 30th: A bill to amend Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and other health care facilities, so as to provide that the Department of Human Resources shall promulgate procedures to govern the granting of waivers for personal care homes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 Brown of 26th 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 Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Bishop Broun of 46th Langford Shumake Starr On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 24, 1992 1105 The following local bill of the House was taken up for the purpose of considering the House action thereon: HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. Senator Perdue of the 18th moved that the Senate insist upon the Senate substitute to HB 1254. On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1254. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1151. By Representatives Buck of the 95th, Smyre of the 92nd, Culbreth of the 97th and others: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Springer Opera House as the official Georgia state theater. Senate Sponsor: Senator Robinson of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Brown of 26th Burton C^f. ~DeUal ns DEcehaonlg Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins J,,o.h,n,son KMladrdable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Srptein, berg TTahyolmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Broun of 46th Coleman Dawkins Langford Shumake Tate 1106 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the House, having been withdrawn from the Senate Com mittee on Urban and County Affairs (General) on February 12, 1992, and committed to the Senate Committee on Public Safety, and favorably reported by the committee, was read the third time and put upon its passage: HB 1236. By Representatives Coleman of the 118th, Edwards of the 112th, Murphy of the 18th and others: A bill to amend Chapter 8 of Title 36 of the Official Code of Georgia Annotated, relating to county police, so as to provide that each county governing authority may authorize, through proper resolution or ordinance, the creation of a county police force, provided that such resolution or ordinance is approved by the quali fied electors of the county voting in a special election thereon. 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 Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Egan. Those not voting were Senators: Bishop Hammill Langford Shumake On the passage of the bill, the yeas were 51, nays 1. The bill, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 24, 1992 1107 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1233. By Representatives Jamieson of the llth, Jackson of the 9th, Greene of the 130th and others: A bill to amend Code Section 50-8-150 of the Official Code of Georgia Annotated, relating to the creation of the State Advisory Committee on Rural Development, so as to change the number of committee members. 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 Broun of 46th Brown of 26th 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 Perdue Perry Phillips Pollard Those not voting were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Bishop Bowen Hammill 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. 1108 JOURNAL OF THE SENATE 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 624. SB 625. Respectfully submitted, /a/ Waymond C. Huggins, Chairman Senator, District 53 Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 12:16 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. TUESDAY, FEBRUARY 25, 1992 1109 Senate Chamber, Atlanta, Georgia Tuesday, February 25, 1992 Twenty-second 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 Pollard of the 24th reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1757. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to deannex and remove certain property from the corporate limits of the city. HB 1765. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to reapportion the commissioner districts. HB 1772. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating a new charter for the City of LaFayette, so as to change and define the corporate limits of the City of LaFayette. HB 1789. By Representative Langford of the 7th: A bill to create the Calhoun Recreation Authority and to authorize such author ity to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. HB 1799. By Representative Edwards of the 112th: A bill to amend an Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, so as to change the compensation of the chief magistrate. HB 1194. By Representatives Reaves of the 147th, Golden of the 148th, Selman of the 32nd, Royal of the 144th, Godbee of the 110th and others: A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk han dlers purchasing raw milk, or other things pertaining thereto. 1110 JOURNAL OF THE SENATE HB 1342. By Representatives Parham of the 105th, Parrish of the 109th, Twiggs of the 4th, Atkins of the 21st and Chafin of the 72nd: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs. HB 1460. By Representatives Watts of the 41st, Buck of the 95th, Dover of the llth and Colwell of the 4th: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes. HB 1693. By Representative Buck of the 95th: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions. HB 1487. By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th, Baker of the 51st, Oliver of the 53rd and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle. HB 1666. By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd, Jones of the 71st, Taylor of the 94th and others: A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the pro ceeds of certain policies from the time a claim is filed. HB 1299. By Representative Dover of the llth: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 659. By Senator Baldwin of the 29th: A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners cur rently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval. TUESDAY, FEBRUARY 25, 1992 1111 The House has adopted by requisite constitutional majority the following resolutions of the House and Senate: HR 831. By Representatives Oliver of the 121st, Floyd of the 154th, Byrd of the 153rd and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement over certain state owned real property located in Tattnall County, Georgia, and the accept ance of an easement over real property located in Tattnall County, Georgia. HR 845. By Representatives Bargeron of the 108th and Godbee of the 110th: A resolution commending Grady Mallard and designating the Grady Mallard Bridge. SR 378. By Senator Ramsey of the 54th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a historical marker in, on, over, under, upon, across, or through property owned by the State of Georgia in Whitfield County, Georgia; to provide an effective date. The House has adopted the report of the Committee of Conference 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 House insists on its position in disagreeing to the Senate substitute, and has ap pointed a Committee of Conference on the part of the House to confer with a like commit tee on the part of the Senate on the following bill of the House: HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. The Speaker has appointed on the part of the House, Representatives Birdsong of the 104th, Adams of the 79th and Walker of the 113th. 1112 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following resolution of the House: HR 945. By Representatives Poston of the 2nd, McBee of the 68th, Thurmond of the 67th and Teper of the 46th: A resolution commending Bill Berry, Peter Buck, Mike Mills, and Michael Stipe. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 738. By Senator Dawkins of the 45th: A bill to amend an Act providing that in certain counties the governing authori ties thereof shall adopt a uniform central accounting and bookkeeping system so as to change certain population brackets; to change the provisions relating to applicability; to provide that the term "population bill" shall not include a cer tain type bill; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 739. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd: A bill to amend an Act abolishing the office of county treasurer in counties hav ing a population of more than 400,000 according to the last or any future federal decennial census so as to repeal said Act. Referred to Committee on Urban and County Affairs (General). SB 740. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 21-3-134 of the Official Code of Georgia Annotated, relating to municipalities' lists of electors, so as to change the population figures describing those counties in which registered voters residing within certain mu nicipalities shall be added to the municipality's voter registration list. Referred to Committee on Urban and County Affairs (General). SB 741. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to members of county school boards, so as to change the population figures describing the counties in which a vacancy on the county board of educa tion is created when a member of the county board qualifies for nomination or election to any other elective governmental office. Referred to Committee on Urban and County Affairs (General). SB 742. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend an Act authorizing boards of education of certain cities and counties to establish, operate, and pay the cost of schools on a 24 hour basis so as to revise the population figures describing the cities and counties affected by such Act. Referred to Committee on Urban and County Affairs (General). SB 743. By Senators Ragan of the 32nd, Clay of the 37th, Thompson of the 33rd and Newbill of the 56th: A bill to amend Code Section 36-5-22 of the Official Code of Georgia Annotated, relating to authorizing county managers, so as to change the population figure describing counties in which the county governing authority or the General As sembly is not authorized to create the office of county manager. Referred to Committee on Urban and County Affairs (General). TUESDAY, FEBRUARY 25, 1992 1113 SB 744. By Senators Robinson of the 16th, Deal of the 49th and Johnson of the 47th: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activi ties before school, after school, and during vacation periods for school age chil dren; to authorize a needs assessment; to require public notice and access to board actions. Referred to Committee on Health and Human Services. SB 745. By Senators Robinson of the 16th and Edge of the 28th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide for criteria for siting hazardous waste storage, treatment, and disposal facilities; to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Au thority Act," so as to require the authority to develop procedures and criteria for selecting sites for hazardous waste facilities. Referred to Committee on Natural Resources. SB 746. By Senator Egan of the 40th: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday at festivals in all municipalities of this state having a population of 300,000 or more accord ing to the United States decennial census of 1970 or any future such census; to provide for a definition; to provide for conditions and limitations. Referred to Committee on Urban and County Affairs (General). SB 747. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties. Referred to Committee on Insurance and Labor. SB 748. By Senator Thompson of the 33rd: A bill to amend an Act restricting the rezoning of land annexed by municipalities within certain counties so as to revise the population figures describing the coun ties to which such Act applies. Referred to Committee on Urban and County Affairs (General). SB 749. By Senator Thompson of the 33rd: A bill to amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions of terms relating to campus police officers, so as to change the population figure describing counties in which an expanded definition of "campus" applies. Referred to Committee on Urban and County Affairs (General). 1114 JOURNAL OF THE SENATE SR 495. By Senators Robinson of the 16th, Garner of the 30th, Dawkins of the 45th and others: A resolution proposing an amendment to the Constitution so as to provide that the General Assembly, by general law, may authorize restrictive covenants in contracts in partial restraint of trade which restrain in a reasonable manner any party thereto from exercising any trade, business, or employment; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Judiciary. SR 496. By Senators Ray of the 19th, Gillis of the 20th, Echols of the 6th, Perry of the 7th and others: A resolution creating the Senate Committee to Study Check Dams for the Satilla, Altamaha, Ocmulgee, Oconee, Flint, and Alapaha Rivers. Referred to Committee on Rules. SR 497. By Senators Foster of the 50th and Gillis of the 20th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the Clean Water Trust Fund to be administered by the state or one of its agencies from which funds may be expended by the state and disbursed to local governments and authorities for improving the management of the state's surface-water and ground-water re sources and for providing water quality protection; to provide for submission of this amendment for ratification or rejection. Referred to Committee on Natural Resources. SR 499. By Senator Ramsey of the 54th: A resolution amending the Rules of the Senate. Referred to Committee on Rules. The following bills and resolutions of the House were read the first time and referred to committees: HB 1194. By Representatives Reaves of the 147th, Golden of the 148th, Selman of the 32nd and others: A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk han dlers purchasing raw milk, or other things pertaining thereto. Referred to Committee on Finance and Public Utilities. HB 1299. By Representative Dover of the llth: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. Referred to Committee on Finance and Public Utilities. TUESDAY, FEBRUARY 25, 1992 1115 HB 1342. By Representatives Parham of the 105th, Parrish of the 109th, Twiggs of the 4th and others: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to change the listing of controlled sub stances and dangerous drugs. Referred to Committee on Health and Human Services. HB 1460. By Representatives Watts of the 41st, Buck of the 95th, Dover of the llth and Colwell of the 4th: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes. Referred to Committee on Finance and Public Utilities. HB 1487. By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle. Referred to Committee on Special Judiciary. HB 1666. By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd and others: A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the pro ceeds of certain policies from the time a claim is filed. Referred to Committee on Insurance and Labor. HB 1693. By Representative Buck of the 95th: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions. Referred to Committee on Higher Education. HR 831. By Representatives Oliver of the 121st, Floyd of the 154th, Byrd of the 153rd and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement over certain state owned real property located in Tattnall County, Georgia, and the accept ance of an easement over real property located in Tattnall County, Georgia. Referred to Committee on Finance and Public Utilities. HR 845. By Representatives Bargeron of the 108th and Godbee of the 110th: A resolution commending Grady Mallard and designating the Grady Mallard Bridge. Referred to Committee on Transportation. 1116 JOURNAL OF THE SENATE HB 1757. By Representative Wall of the 61st: A bill to amend an Act creating a new charter for the City of Lawrenceville, so as to deannex and remove certain property from the corporate limits of the city. Referred to Committee on Urban and County Affairs. HB 1765. By Representatives Jones of the 71st, Flynt of the 75th, Meadows of the 91st and Davis of the 77th: A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to reapportion the commissioner districts. Referred to Committee on Urban and County Affairs. HB 1772. By Representatives Snow of the 1st, McCoy of the 1st and Perry of the 5th: A bill to amend an Act creating a new charter for the City of LaFayette, so as to change and define the corporate limits of the City of LaFayette. Referred to Committee on Urban and County Affairs. HB 1789. By Representative Langford of the 7th: A bill to create the Calhoun Recreation Authority and to authorize such author ity to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities. Referred to Committee on Urban and County Affairs. HB 1799. By Representative Edwards of the 112th: A bill to amend an Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, so as to change the compensation of the chief magistrate. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1210. Do pass. HB 1283. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Education has had under consideration the following bills and reso lution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 588. Do pass by substitute. SB 721. Do pass. SR 482. Do pass. HB 1412. Do pass by substitute. Respectfully submitted, Senator Foster of the 50th District, Chairman TUESDAY, FEBRUARY 25, 1992 1117 Mr. President: The Committee on Ethics has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 704. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1644. Do pass. HB 1647. Do pass as amended. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 701. Do pass. SB 724. Do pass. SB 722. Do pass as amended. SR 475. Do pass. SB 723. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman The following communication from Senator Pollard of the 24th, Chairman of the Insur ance and Labor Committee, was read by the Secretary: The State Senate Atlanta, Georgia 30334 February 24, 1992 Honorable Hamilton McWhorter Secretary, Georgia State Senate State Capitol Atlanta, Georgia 30334 Dear Hamilton: This is to authorize Senator Sallie Newbill, 56th District, Vice-Chairman of the Senate Insurance and Labor Committee, to conduct, in my absence, if necessary, a portion of the Insurance and Labor Committee meeting, for the purpose of considering HB 1039. This meeting is scheduled for Monday, February 24, 1992, at 2:00 p.m. in Room 307 Legislative Office Building. Sincerely, M G.B. Pollard, Jr. 1118 JOURNAL OF THE SENATE Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 1039. Do pass by substitute. Respectfully submitted, Senator Newbill of the 56th District, Vice Chairman The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Natural Resources has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 490. Do pass. SB 637. Do pass by substitute. SB 725. Do pass. HB 1196. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1389. Do pass by substitute. HB 1390. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 173. Do pass by substitute. HB 1396. Do pass. SB 698. Do pass as amended. HB 1447. Do pass. SB 718. Do pass as amended. HB 1459. Do pass. SR 477. Do pass as amended. HR 790. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1700. Do pass. HB 1702. Do pass. TUESDAY, FEBRUARY 25, 1992 1119 HB 1724. Do pass. HB 1728. Do pass. HB 1738. Do pass. HB 1746. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 480. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others: A bill to amend Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, so as to prohibit members of the General Assembly or public officers elected statewide from accepting cer tain honorariums or monetary fees which exceed actual expenses incurred. SB 482. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others: A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to prohibit the appointment or employment of certain persons who are related by blood or marriage to the employer; to provide for a definition; to provide for applicability; to provide for a penalty. SB 633. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, and executions, so as to change the population brackets and provisions relating to the United States decennial census relative to penalties in certain counties; to provide for authority for this Act. SB 676. By Senators Johnson of the 47th and Deal of the 49th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide that manufacturing, distribut ing, dispensing, or possessing with intent to distribute a counterfeit substance in, on, or within 1,000 feet of any public or private school is a felony. SB 695. By Senator Walker of the 22nd: 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 change the date on which tax commissioners and tax receivers shall close their books for the return of taxes; to repeal certain provisions based on population which relate to the date for closing books for the return of taxes; to change the date by which applications for a homestead exemption must be filed. SB 714. By Senator Alien of the 2nd: A bill to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for additional fees in civil cases filed in certain courts of this state; to provide that such additional fees shall be used to provide additional funding for "The Georgia Indigent Defense Act"; to provide for the authority for said additional fees; to provide for the collection and distribution of said fees; to provide a penalty for delinquent remission of moneys. 1120 JOURNAL OF THE SENATE SB 715. By Senator Alien of the 2nd: A bill to amend Chapter 15 of Title 9 of the Official Code of Georgia Annotated, relating to costs in civil cases, so as to require an additional deposit of an indi gent defense fee at the time each civil case is filed in a superior court, state court, probate court, or magistrate court; to provide that it is the intent of the General Assembly that such sums deposited and collected shall be used to provide addi tional funding for Article 2 of Chapter 12 of Title 17, "The Georgia Indigent Defense Act". SR 480. By Senator Alien of the 2nd: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for additional fees in civil cases and to re quire the proceeds derived therefrom to be used for the purpose of providing funding for "The Georgia Indigent Defense Act"; to provide for the submission of this amendment for ratification or rejection. 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 fu ture such census. HB 1185. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Code Section 16-6-5 of the Official Code of Georgia Annotated, relating to enticing a child for indecent purposes, so as to change the provisions relating to penalties for a third, fourth, or subsequent offense. HB 1187. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Article 5 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, the "Controlled Substances Therapeutic Research Act," so as to change the provisions relating to enforcement and punishment of certain conduct. HB 1357. By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd: A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as to repeal certain provisions prohibiting the practice of law by juvenile judges appointed in a circuit with a population of 160,000 or more according to the United States decennial census of 1980 or any future such census. HB 1358. By Representatives Royal of the 144th, Long of the 142nd, Chambless of the 133rd and Titus of the 143rd: A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to the creation of juvenile courts, so as to provide for prohibitions with respect to the practice of law by juvenile judges appointed in a circuit with a population of 180,000 or more according to the United States decennial census of 1990 or any future such census. TUESDAY, FEBRUARY 25, 1992 1121 HB 1533. By Representatives Stencil of the 66th, Yeargin of the 14th, Birdsong of the 104th and Floyd of the 135th: A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to issuance by counties and municipalities of licenses for sale of distilled spirits by the drink, so as to change the population figures describing the coun ties subject to a provision allowing the governing authority to authorize by reso lution or ordinance the issuance of licenses to sell alcoholic beverages by the drink to certain restaurants and private clubs after approval by the voters. HB 1651. By Representatives Bates of the 141st, Long of the 142nd, Titus of the 143rd and others: A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, so as to repeal subsections pro viding for a different schedule of costs for judges of the probate courts in coun ties having a population of not less than 25,400 nor more than 25,900, and in counties having a population of not less than 38,000 nor more than 38,200 ac cording to the United States decennial census of 1980 or any future such census. The President called for the morning roll call, and the following Senators answered to their names: Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Colhns DDeaawlkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill HHouogkgsins Johnson Kidd Marable Moye Newbill Perdue Those not answering were Senators: Perry Ragan of 10th Ragan of 32nd Ramsey j^y Robinson Starr 0Stem. b, erg iate Taylor Turner Tysinger Walker of 43rd White Albert Alien Bishop Bowen Langford Phillips Pollard Scott Shumake Thompson Timmons Walker of 22nd The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Newbill of the 56th introduced the chaplain of the day, Dr. John Connell, pas tor of the First Baptist Church of Sandy Springs, Atlanta, Georgia, who offered scripture reading and prayer. 1122 JOURNAL OF THE SENATE The following resolutions of the Senate and House were read and adopted: SR 494. By Senator Tate of the 38th: A resolution honoring Mr. Julius Mathis and expressing regret at his passing. SR 498. By Senator Pollard of the 24th: A resolution commending Jonathan West. SR 500. By Senators Garner of the 30th, Johnson of the 47th, Deal of the 49th and Dean of the 31st: A resolution recognizing and commending "Rhubarb" Jones. SR 501. By Senator Pollard of the 24th: A resolution commending the Georgia Dixie Majors All-Star Baseball Team, World Champions. HR 945. By Representatives Poston of the 2nd, McBee of the 68th, Thurmond of the 67th and others: A resolution commending Bill Berry, Peter Buch, Mike Mills, and Michael Stipe. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Tuesday, February 25, 1992 TWENTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1700 Hill, 4th TATTNALL COUNTY A bill to amend an Act creating the Board of Commissioners of Tattnall County, so as to change the boundaries of the districts for the purpose of electing members of the board of commissioners. HB 1702 Hill, 4th TATTNALL COUNTY A bill to amend an Act providing for elections of members of the Board of Education of Tattnall County, so as to change the provisions relating to elec tion of members of the board of education and reapportion the education districts. HB 1724 Foster, 50th STEPHENS COUNTY A bill to require that law library fees be charged and collected in each civil action or case filed in the Magistrate Court of Stephens County, in addition to other costs. HB 1728 Deal, 49th HALL COUNTY A bill to amend an Act incorporating the Town of Clermont, in Hall County, so as to provide terms for the mayor and councilmen. TUESDAY, FEBRUARY 25, 1992 1123 HB 1738 Hooks, 14th LEE COUNTY A bill to create the Lee County Utilities Authority and to authorize such authority to acquire, construct, operate, and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations. HB 1746 Broun, 46th OCONEE COUNTY A bill to abolish the office of elected county surveyor of Oconee County; so as to provide for the appointment of a county surveyor by the governing author ity of the county. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Brown of 26th Clay Coleman n Echols E(jge Egan English Foster Garner Gillis Hammill Harris Hasty Henson HiU Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Those not voting were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Albert Alien Bishop Bowen Burton Langford Phillips Shumake Timmons Walker of 22nd On the passage of all the local bills, the yeas were 46, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. 1124 JOURNAL OF THE SENATE SENATE RULES CALENDAR Tuesday, February 25, 1992 TWENTY-SECOND LEGISLATIVE DAY SB 166 Employees' Retirement--when spouse who is beneficiary predeceases retired (Substitute) (Ret--12th) SB 639 Wholesale Distribution by Out-of-State Principal--contracts (S Judy--55th) SB 256 Employee Engaging in Lawful Activity Off Premises--no discrimination (Substi tute) (I&L--35th) SB 572 Family Violence--fear inflicted in determining physical aggressor (Substitute) (Judy--54th) SB 600 Housing and Finance Authority Act--intent, powers, bonds (Substitute) (Amendments) (F&PU--45th) SB 614 Office of Fair Employment Practices--change name (Substitute) (S Judy--15th) SB 649 Civil Action Dismissal--when no written order taken for three years (S Judy--2nd) SB 664 Driving Under the Influence Conviction--attach traffic convictions to judge's sentence (Substitute) (Judy--49th) SB 675 Juries--contempt powers of judge dealing with unexcused absentees (Judy--47th) SB 665 Driving Under the Influence--provisions on driver's license suspension, plea of nolo contendere (Substitute) (Judy--49th) SB 688 Handicapped Parking--disabled occupy vehicle (YA&HE--7th) SB 634 Bicycles--prohibit child passenger under four years old (Substitute) (YA&HE--30th) SB 678 Corrections Department Peace Officer, Employee--exempt urine drug test (Amendment) (Corr--29th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee Senator Tysinger of the 41st moved that Senator Phillips of the 9th be excused from the Senate today in order that he might testify at a trial. On the motion, the yeas were 31, nays 1; the motion prevailed, and Senator Phillips of the 9th was excused from the Senate today. The following general bill of the Senate, favorably reported by the committee, was read the third time, and put upon its passage: SB 166. By Senators Taylor of the 12th, Gillis of the 20th, Timmons of the llth and others: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a spouse who is a designated benefi ciary predeceases the retired member, the retirement allowance of the retired member shall be increased to the maximum allowance; to provide that a new spouse may be designated a beneficiary. TUESDAY, FEBRUARY 25, 1992 1125 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 Mark Taylor State Senator FROM: G. W. Hogan, State Auditor DATE: January 8, 1991 SUBJECT: Senate Bill 166 (LC 7 7752) Employees' Retirement System This bill relates to optional retirement allowances under the Employees' Retirement System and provides that when a spouse who is a designated beneficiary predeceases the retired member, the retirement allowance of the retired member shall be increased to the maximum allowance. The bill also provides that a new spouse may be designated a beneficiary. This is to certify that this is a fiscal retirement bill as denned in the Public Retirement Systems Standards Law. 1st G. W. Hogan State Auditor The Senate Committee on Retirement offered the following substitute to SB 166: A BILL To be entitled an Act to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, so as to provide that when a spouse who is a designated beneficiary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse if the member elects to begin receiving an actuarial reduced benefit; to provide for other matters relative to the foregoing; to provide conditions for an effective date and for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement System of Georgia, is amended by adding immediately following subsection (e.l) a new subsection (e.2) to read as follows: "(e.2) (1) As used in this subsection, the term 'retired member' means a person retired under this chapter who elected an optional allowance under this Code section with the spouse designated as the person to receive all amounts upon the death of the retired member. (2) In the event a designated spouse predeceases a retired member and the retired member subsequently remarries, the retired member may elect to begin receiving an actuarially reduced benefit of equivalent value and reestablish on behalf of the new spouse the same option which was applicable to the deceased former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier. (3) This subsection applies to retired members who retired at any time prior to July 1, 1126 JOURNAL OF THE SENATE 1992, as well as to those who retire on or after that date, and it is specifically provided that the election of option five under subsection (e.l) of this Code section is not necessary for the purposes of this subsection." Section 2. Said Code section is further amended by striking subsection (h) in its en tirety and substituting in lieu thereof a new subsection (h) to read as follows: "(h) Whenever any retired member has elected an optional allowance under this Code section and the spouse is the person designated to receive all amounts and benefits upon the death of the retired member, the retired member may revoke the election at any time after the entry of a final judgment of complete divorce from the spouse so nominated or the retired member may elect to continue the optional allowance with the former spouse desig nated to receive all amounts and benefits upon the death of the retired member. Upon any such revocation or upon the death of the spouse of a retired member who had elected option five, the retired member may elect to begin receiving the maximum retirement allowance which the retired member would have been entitled to receive under this chapter. In the event any such retired member remarries after divorce from the former spouse and the for mer spouse was not continued as a beneficiary under the optional allowance after the di vorce or, in the ease of a retired member who had elected option five, after the death of the apouac of the retired member, the retired member may elect to begin receiving the applica ble actuarially reduced retirement benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option which was applicable to the former spouse, but such option on behalf of the new spouse may not be reestablished until one year after the date of remarriage or until a child of the remarried couple is born, whichever is earlier." Section 3. This Act shall become effective on July 1, 1992, only if it is determined to have been concurrently funded as provided in Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Standards Law"; otherwise, this Act shall not become effective and shall be automatically repealed in its entirety on July 1, 1992, as required by subsection (a) of Code Section 47-20-50. Section 4. All laws and parts of laws in conflict with this Act are repealed. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Horace E. Tate, Chairman Senate Retirement Committee FROM: G. W. Hogan, State Auditor DATE: February 17, 1992 SUBJECT: Senate Bill 166 (Substitute) (LC 21 1569S) Employees' Retirement System As amended, this Bill provides that when a spouse who is a designated beneficiary pre deceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse if the member elects to begin receiving an actuarially reduced benefit. The Bill would also allow divorced members to elect to begin receiving an actuarially reduced benefit of equivalent actuarial value and reestablish on behalf of the new spouse the same option that was applicable to the former spouse. TUESDAY, FEBRUARY 25, 1992 1127 This is to certify that the changes made in this substitute Bill (allowing certain mem bers to reestablish certain spousal options if the member elects to begin receiving an actuarially reduced benefit), would be a reduction in cost amendment as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Alien Bishop Bowen Egan Phillips (excused) Shumake On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, having been read the first time on February 10, 1992, and referred to the Senate Committee on Judiciary, withdrawn on February 18 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: SB 639. By Senator Henson of the 55th: A bill to amend Article 24 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the wholesale distribution by out-of-state principal, so as to repeal certain provisions relating to contract for services in the state; to repeal the requirement that the principal contracts with a sales representative be in writing; to change the provisions relating to rights of sales representatives; to provide an effective date. 1128 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Alien Bishop Bowen Brown of 26th Garner Phillips (excused) Shumake On the passage of the bill, the yeas were 48, nay 0. The bill, having received the requisite constitutional majority, was passed. Senator Garner of the 30th moved that the Senate recess at 10:45 o'clock A.M. to at tend the Joint Session of the Senate and the House of Representatives called for the pur pose of hearing a message from Robert Edward "Ted" Turner III at 11:00 o'clock A.M., and that the Senate reconvene immediately upon dissolution of the Joint Session. The motion prevailed. The hour for convening the Joint Session of the Senate and House of Representatives under the provisions of HR 814 having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session, called for the purpose of hearing a message from Robert Edward "Ted" Turner III was called to order by the President of the Senate. HR 814, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House. Honorable Robert Edward "Ted" Turner III addressed the Georgia General Assembly in Joint Session. Senator Garner of the 30th moved that the Joint Session be now dissolved, and the motion prevailed. The President of the Senate announced the Joint Session dissolved. At 11:35 o'clock A.M., pursuant to the provisions of a previously adopted motion, the President called the Senate to order. TUESDAY, FEBRUARY 25, 1992 1129 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1106. By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th, Smith of the 78th and Skipper of the 116th: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by politi cal subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision. HB 1395. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees to the state revenue com missioner, so as to provide for the payment of certain taxes by electronic funds transfer. HB 1769. By Representatives Perry of the 5th, Barnett of the 10th, Greene of the 130th and Coker of the 21st: A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the ac count of an inmate to defray the costs paid by a municipality or county for cer tain medical treatment requested by an inmate or to repay the costs of destruc tion of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 705. By Senators Garner of the 30th, Dean of the 31st and Kidd of the 25th: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date. The following bills of the House were read the first time and referred to committees: HB 1106. By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th and others: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by politi cal subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision. Referred to Committee on Transportation. 1130 JOURNAL OF THE SENATE HB 1395. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees to the state revenue com missioner, so as to provide for the payment of certain taxes by electronic funds transfer. Referred to Committee on Finance and Public Utilities. HB 1769. By Representatives Perry of the 5th, Barnett of the 10th, Greene of the 130th and Coker of the 21st: A bill to amend Chapter 4 of Title 42 of the Official Code of Georgia Annotated, relating to jails, so as to provide for deductions from money credited to the ac count of an inmate to defray the costs paid by a municipality or county for cer tain medical treatment requested by an inmate or to repay the costs of destruc tion of public property by an inmate, medical treatment for injuries inflicted by an inmate upon himself or others, searching and apprehending an inmate who has escaped or attempted to escape. Referred to Committee on Corrections. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer. The Senate Committee on Insurance and Labor offered the following substitute to SB 256: A BILL To be entitled an Act to change provisions of law relating to lawful and unlawful use of certain products, including but not limited to cigarettes and tobacco; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change the age limits for minors involved in certain prohibited transactions relating to cigarettes and tobacco related objects; to change the definition and elements of certain prohibited transactions involving cigarettes or tobacco related objects and minors; to prohibit the sale of cigarettes and tobacco products in vending machines except on certain premises; to prohibit certain free distribution of cigarettes and tobacco products; to amend Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to limited-access roads, so as to remove authorization for the sale of ciga rettes in vending machines in safety rest areas; to amend Chapter 1 of Title 34 of the Offi cial Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to refuse to hire, discharge, or penalize an employee for using lawful products off the premises of the employer during nonworking hours; to provide for liability of the employer; to provide ex ceptions; to provide for effect with respect to insurance benefits; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to provide for enforcement of certain vending machine restrictions by the Department of Revenue; to declare unlawfully located vending machines to be contraband; to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to remove authorization TUESDAY, FEBRUARY 25, 1992 1131 for the sale of cigarettes in vending machines; to provide for other related matters; to pro vide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Article 7 thereof, prohibit ing certain transactions involving cigarettes and tobacco related objects, and inserting in its place a new article to read as follows: "ARTICLE 7 16-12-170. As used in this article, the term: (1) 'Cigarettes' means any type of tobacco or tobacco product. (2) 'Community service' means a public service which a minor might appropriately be required to perform, as determined by the court, as punishment for certain offenses provided for in this article. (3) 'Minor' means any person who is under the age of W 18 years. (4) 'Person' means any natural person or any firm, partnership, company, corpora tion, or other entity. (5) 'Proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sec tions 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate. (6) 'Tobacco related objects' means any papers, wrappers, or other products, de vices, or substances which are used for the purpose of making cigarettes or tobacco in any form whatsoever. 16-12-171. (a) (1) It shall be unlawful for any person knowingly to: (A) Sell, f barter, or distribute without consideration, directly or indirectly, any cigarettes or tobacco related objects to a minor; (B) Purchase any cigarettes or tobacco related objects for any minor unless the mi nor for whom the purchase is made is the child of the purchaser; or (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects. (2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes or tobacco related objects by a person when such per son has been furnished with proper identification showing that the person to whom the cigarettes or tobacco related objects are sold is i? 18 years of age or older. (3) Any person who violates this subsection shall be guilty of a misdemeanorriwevidcd, however, for a first offcnsc the sentence shall be suspended. (b) (1) It shall be unlawful for any minor to: (A) Purchase any cigarettes or tobacco related objects; or (B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects. (2) A minor who commits an offense provided for in paragraph (1) of this subsection may be punished as follows: (A) By requiring the performance of community service not exceeding 20 hours; 1132 JOURNAL OF THE SENATE (B) By requiring attendance at a publicly or privately sponsored lecture of diaeuasien on the health hazards of smoking or tobacco use, provided such lecture or diacua awn is offered without charge to the minor; or (C) By a combination of the punishments described in subparagraphs (A) and (B) of this paragraph. 16-12-172. (a) Any person owning or operating a place of business in which ciga rettes or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement: 'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RELATED OBJECTS TO PERSONS UNDER 4? 18 YEARS OF AGE IS PROHIB ITED BY LAW.' ~~ Such sign shall be printed in letters of at least one-half inch in height. (b) Any person who fails to comply with the requirements of subsection (a) of this Code Section shall be guilty of a misdemeanor. 16-12-173. (a) Any person who maintains in such person's place of bugineaa a vending machine which diapcnaeo cigarettes of tobacco related objects shall place of cause to be placed in a conspicuous place on auch vending machine a aign containing the following atatcmcnti THE PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 17 YEARS OF AGE 18 PRO HIBITED BY LAW.' (b) Any pcraon who faila to comply with the requirements of flubacction (a) of this Code section shall be guilty of a misdemeanor, provided, however, for a first offcnsc, the sentence ahall be a fine not to exceed $300.00. (a) For the purpose of preventing the purchase of cigarettes by minors, the sale of ciga rettes in vending machines shall be prohibited in this state, except that cigarettes may law fully be sold only in vending machines which are: (1) Located in: (A) factories, businesses, offices, and other places not open to the gen eral public; (B) places open to the general public to which persons under the age of 18 are not admitted; or (C) places where alcoholic beverages are offered for sale; an5 (2) Located on such premises in an area that is in the immediate vicinity, plain view, and control of a responsible employee of the licensed premises, so that any tobacco purchase is readily observable by such employee. (b) Enforcement and implementation of the provisions of subsection (a) of this Code section shall be as provided for in Chapter 11 of Title 48. (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow a minor to operate a vending machine which dispenses cigarettes or to bacco related objects. (d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12171 shall apply to the operation by a minor of a vending machine which dispenses cigarettes or tobacco related objects. 16-112-174. (a) No person shall, in the course of doing business, distribute any free cigarettes or tobacco related objects to any person on or in any public street, public side walk, public park, or public playground, except that free cigarettes or tobacco related ob jects may be distributed at a tobacco store, a convention or conference catering to adults, or an area to which persons under the age of 18 are denied admission. (b) Any person who violates subsection (a) of this Code section shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not less than $250.00 for each violation." TUESDAY, FEBRUARY 25, 1992 1133 Section 2. Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to limited-access roads, is amended by striking Code Section 32-6-116, relating to vending machines on the state highway system, and inserting in its place a new Code section to read as follows: "32-6-116. The department is authorized to install or provide for the installation of and to operate or provide for the operation of vending machines in safety rest areas constructed on or located on the rights of way of the state highway system. The vending machines may dispense nonalcoholic beverages, snacks, candy, cigarettes, and other articles except ciga rettes as determined by the department to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products shall approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department." Section 3. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-4 to read as follows: "34-1-4. (a) It shall be unlawful for any employer or the agent of such employer to refuse to hire any individual or to discharge any employee or otherwise to disadvantage or penalize any employee with respect to compensation, terms, conditions, or privileges of em ployment because such individual uses lawful products off the premises of the employer during nonworking hours. (b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured individual or employee for all actual damages thereby suffered by such person and for reasonable attorney's fees incurred by the person in assert ing a successful claim under this Code section. (c) This Code section shall not apply with respect to an employer which is a nonprofit organization which, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. (d) This Code section shall not apply with respect to the use of lawful products which use impairs an employee's ability to perform the employee's assigned duties. (e) This Code section shall not prohibit an employer from offering, imposing, or having in effect a health, disability, or life insurance policy which makes distinctions between em ployees for type of coverage or price of coverage based upon the employee's use of lawful products, provided that: (1) Any differential premium rates charged to employees must reflect differential costs to the employer; and (2) The employer must provide employees with a statement delineating the differential rates used by its insurance carriers." Section 4. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, is amended in Code Section 48-11-4, relating to licensing, by striking subsection (d) and inserting in its place a new subsection (d) of Code Section 48-11-4 to read as follows: "(d) The commissioner ay shall make rules and regulations governing the sale of ci gars and cigarettes in vending machines. Such rules and regulations shall provide that such vending machines may only be located on premises as specified in subsection (a) of Code Section 16-12-173. The commissioner may shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the regis tration in the amount of $1.00 for each machine. The registration of each vending machine shall reflect the fact that it may only be located as specified in subsection (a) of Code Sec tion 16-12-173. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars and cigarettes contained in the machine bear the tax stamp required under this chapter." 1134 JOURNAL OF THE SENATE Section 5. Said Chapter 11 of Title 48 is further amended in Code Section 48-11-9, relating to contraband, by striking subsection (d) and inserting in its place a new subsection (d) of Code Section 48-11-9 to read as follows: "(d) Any vending machine containing or dispensing any cigarettes which do not bear the tax stamps required under this chapter or containing or dispensing any cigars upon which the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a contra band article. Any vending machine containing or dispensing cigarettes which is found to be in violation of subsection (a) of Code Section 16-12-173 shall likewise be a contraband arti cle. The commissioner may seize any aaefe contraband machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes and nontax-paid cigars." Section 6. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, is amended in Code Section 50-7-12, relating to welcome centers, by striking subsection (c) and inserting in its place a new subsection (c) of Code Section 50-7-12 to read as follows: "(c) The Department of Industry, Trade, and Tourism, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such ma chines nonalcoholic beverages, snacks, candy, cigarettes, and other articles except cigarettes as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete un fairly with private enterprise, such prices to be set by the Department of Industry, Trade, and Tourism. The Department of Industry, Trade, and Tourism is also authorized to pro vide for the sale or free distribution of articles and merchandise at the welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this state." Section 7. Said Article 1 of Chapter 7 of Title 50 is further amended by striking Code Section 50-7-13, relating to revenue from vending machine sales, and inserting in its place a new Code section to read as follows: "50-7-13. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snackg, candy, cigarettca, and other articles lawful arti cles from vending machines at welcome centers and tourist centers shall be utilized by the Department of Industry, Trade, and Tourism to offset the cost of maintenance of all wel come centers and tourist centers and litter pickup in these areas. Notwithstanding any pro vision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, anaeka, candy, cigarettes, and other articles lawful articles from vending machines at safety rest areas shall be utilized by the Department of Transportation to offset the cost of mainte nance of all safety rest areas and litter pickup in these areas." Section 8. Said Article 1 of Chapter 7 of Title 50 is further amended in Code Section 50-7-14, relating to tourist centers near residences of former Presidents, by striking subsec tion (c) and inserting in its place a new subsection (c) of Code Section 50-7-14 to read as follows: "(c) The Department of Industry, Trade, and Tourism is further authorized to provide space for other commercial or noncommercial projects in the center and allow the persons to sell or provide such articles or services as may be prescribed in the lease, contract, franchise, or other arrangement, as determined by the department. The Department of Industry, Trade, and Tourism shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise furthering the purposes for which the center is created. The Department of Industry, Trade, and Tourism is further authorized to TUESDAY, FEBRUARY 25, 1992 1135 install or provide for the installation of and to operate or provide for the operation of vend ing machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarcttca, and other articles except cigarettes as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department." Section 9. This Act shall become effective July 1, 1992, except that no criminal penalty or forfeiture shall apply with respect to the unlawful location of a vending machine until on and after October 1, 1992. Section 10. All laws and parts of laws in conflict with this Act are repealed. Senator Taylor of the 12th moved that SB 256 be committed to the Senate Committee on Insurance and Labor. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bowen Broun of 46th Huggins Johnson Newbill Scott Starr Steinberg jjeaj Foster Harris Ragan of 10th Ragan of 32nd Ramsey Timmons Turner Tysinger Those voting in the negative were Senators: Albert Alien Bishop Brown of 26th Burton Coleman Dawkins Dean Echols Edge English Garner Gillis Hammill Hasty Henson Hill Kidd Langford Marable Moye Perdue Phillips Ray Robinson Tate Thompson Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Hooks Pollard Shumake On the motion offered by Senator Taylor of the 12th, the yeas were 22, nays 30; the motion was lost, and SB 256 was not committed to the Senate Committee on Insurance and Labor. Senator Scott of the 36th moved that SB 256 be committed to the Senate Committee on Youth, Aging and Human Ecology. Senator Broun of the 46th moved the previous question. Senator Scott of the 36th moved that SB 256 be placed on the Table. 1136 JOURNAL OF THE SENATE On the motion offered by Senator Scott of the 36th 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: Baldwin Bishop Bowen Muggins Johnson Newbill CkT Deal Foster Harris Perrv Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg Tate Taylor Thompson Timmons Those voting in the negative were Senators: Albert Alien Broun of 46th Brown of 26th Co}lfh.mnsan Dawkins j) ean Echols Edge English Garner Gillis Hammill Hasty H,,.e,,nson Hl11 Hooks Kidd Langford Marable Moye Perdue Phillips Ray Rmobinson lurner Tysmger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Pollard Shumake On the motion offered by Senator Scott of the 36th, the yeas were 22, nays 31; the motion was lost, and SB 256 was not placed on the Table. On the motion offered by Senator Broun of the 46th for the previous question, which motion next takes precedence, Senator Broun of the 46th asked unanimous consent to with draw his motion; the consent was granted, and the previous question was not ordered. On the motion offered by Senator Scott of the 36th to commit SB 256 to the Senate Committee on Youth, Aging and Human Ecology, which motion next takes precedence, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun of 46th Burton Clay Deal Foster Hammill Harris Huggins Langford Newbill Perry Ragan of 32nd Ramsey Scott Starr Steinberg rpate Tavlor Thompson Tysinger Those voting in the negative were Senators: Albert Bowen Brown of 26th Coleman Collins Dawkins TUESDAY, FEBRUARY 25, 1992 1137 Dean Echols Edge English Garner Gillis Hasty Henson Hill Hooks Johnson Kidd Marable Moye Perdue Phillips Ragan of 10th Ray Robinson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Pollard Shumake On the motion offered by Senator Scott of the 36th, the yeas were 23, nays 30; the motion was lost, and SB 256 was not committed to the Senate Committee on Youth, Aging and Human Ecology. Senators Taylor of the 12th, Clay of the 37th and Tysinger of the 41st offered the fol lowing amendment: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor by inserting a period (.) after the word "damages" on line 27 of page 7. And by striking the remainder of line 27 as well as by striking lines 28 and 29 on page 7. On the adoption of amendment offered by Senators Taylor of the 12th, Clay of the 37th and Tysinger of the 41st, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay CCoollleimnsan Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins JKoihdndson Marable Moye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg ^. T, ,Ti*hyolmorpson limmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Langford. Those not voting were Senators: Egan Hasty Pollard Starr Shumake On the adoption of the amendment offered by Senators Taylor of the 12th, Clay of the 37th and Tysinger of the 41st, the yeas were 50, nays 1, and the amendment was adopted. 1138 JOURNAL OF THE SENATE Senators Garner of the 30th, Perdue of the 18th, Dean of the 31st and four other Sena tors offered the following amendment: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor by adding on page 7, line 21, between the words, "employment" and "because", the word "solely". On the adoption of the amendment offered by Senators Garner of the 30th, Perdue of the 18th, Dean of the 31st and four other Senators, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th ^uarton Garner Gillis Hammill Harris Hasty Henson ffiu Hooks Coleman Collins Dawkins j)eal Dean Echols Edge English Foster Huggins Johnson Kldd Langford Marable Moye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Egan Pollard Shumake White On the adoption of the amendment offered by Senators Garner of the 30th, Perdue of the 18th, Dean of the 31st and four other Senators, the yeas were 52, nays 0, and the amendment was adopted. Senator Clay of the 37th offered the following amendment: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor by striking from lines 21 and 22 of page 1 the following: "refuse to hire, discharge, or penalize an employee for using lawful", and inserting in lieu thereof the following: "discharge or penalize an employee for using tobacco". By striking all matter on lines 16 through 29 of page 7 and inserting in lieu thereof the following: " '34-1-4. (a) It shall be unlawful for any employer or the agent of such employer to discharge any employee or otherwise to disadvantage or penalize any employee with respect to compensation, terms, conditions, or privileges of employment solely because such individ ual uses cigarettes or tobacco products off the premises of the employer during nonworking hours. TUESDAY, FEBRUARY 25, 1992 1139 (b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured individual or employee for reinstatement and back pay only." By replacing the words "one or more lawful" on line 1 of page 8 with the word "tobacco". By replacing the word "lawful" on line 4 of page 8 with the word "tobacco". By adding after the word "employees" on line 10 of page 8 the words "or excludes employees". By replacing the word "lawful" on line 12 of page 8 with the word "tobacco". By adding after the word "employees" on line 14 of page 8 the words "or noncoverage of employees". On the adoption of the amendment offered by Senator Clay of the 37th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Burt011 Coleman Collins Deal Edge Foster Harris Hu^ins Newbill Phillips Ragan of 32nd Ramsey Scott Starr Taylor Thompson Those voting in the negative were Senators: Albert Alien Bishop Bowen Brown of 26th gTMnkln9 Echols English Garner Gillis Hammill Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Perdue Perry Ragan of 10th Ray Robinson Steinberg Tate Timmons Turner Tysmger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Pollard Shumake On the adoption of the amendment offered by Senator Clay of the 37th, the yeas were 19, nays 34, and the amendment was lost. Senator Tysinger of the 41st offered the following amendment: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor as follows: Delete on page 7 beginning at line 11 through page 8, line 18; renumber sections as required; and strike page 1, line 17, after the semicolon through line 23 the word "hours". 1140 JOURNAL OF THE SENATE On the adoption of the amendment offered by Senator Tysinger of the 41st, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun of 46th Burton Clay Coleman Collins Dawkins Deal Edge Foster Hammill Harris Hill Huggins Johnson Newbill Perry Phillips Ragan of 32nd Ramsey Scott Starr Steinberg Tate Taylor Thompson Tysinger White Those voting in the negative were Senators: Albert Bowen Brown of 26th EDcehaonls English Garner Gillis Hasty Henson Hooks LKaidndgford Marable Moye Perdue Ragan of 10th Ray Robinson TT>.;mTMmmoTMn,=s Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Egan Pollard Shumake On the adoption of the amendment offered by Senator Tysinger of the 41st, the yeas were 30, nays 23, and the amendment was adopted. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White TUESDAY, FEBRUARY 25, 1992 1141 Those voting in the negative were Senators: Burton Coleman Scott Tysinger Those not voting were Senators: Egan Newbill Pollard Shumake On the adoption of the substitute, the yeas were 48, nays 4, 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perry Phillips Voting in the negative was Senator Perdue. Those not voting were Senators: Deal Egan Pollard Shumake On the passage of the bill, the yeas were 50, nays 1. Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott gtarr Tate _, i,*ylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Steinberg 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 705. By Senators Garner of the 30th, Dean of the 31st and Kidd of the 25th: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date. 1142 JOURNAL OF THE SENATE The House substitute to SB 705 was as follows: A BILL To be entitled an Act to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define certain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to make certain provisions relative to certain boards and bodies; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IN ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, is amended by striking Code Section 212-3, relating to definitions and descriptions regarding congressional districts, and inserting in its place a new Code Section 21-2-3 to read as follows: "21-2-3. For purposes of this article: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area, established in accordance with Article 7 of this chapter, within which all electors vote at one polling place. (3) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United Sates decennial census of 1990 for the State of Georgia. (4) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any congressional district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control. (5) Any part of the State of Georgia which is described in this Code section as being included in a particular congressional district shall nevertheless not be included within such congressional district if such part is not contiguous to such congressional district. Such non contiguous part shall instead be included within that congressional district contiguous to such part which contains the least population according to the United States decennial cen sus of 1990 for the State of Georgia." Section 2. Said article is further amended by Striking Code Section 21-2-4, relating to the composition of congressional districts, and inserting in its place a new Code Section 212-4 to read as follows: "21-2-4. (a) The state is divided into 11 congressional districts, each of which is entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided in this subsection. District: 1 SCREVEN COUNTY JENKINS COUNTY BULLOCH COUNTY EFFINGHAM COUNTY CANDLER COUNTY TOOMBS COUNTY TUESDAY, FEBRUARY 25, 1992 1143 TATTNALL COUNTY EVANS COUNTY CHATHAM COUNTY BRYAN COUNTY LIBERTY COUNTY LONG COUNTY WAYNE COUNTY MCINTOSH COUNTY PIERCE COUNTY GLYNN COUNTY BRANTLEY COUNTY CAMDEN COUNTY District: 2 TALBOT COUNTY TAYLOR COUNTY PEACH COUNTY MARION COUNTY CHATTAHOOCHEE COUNTY MACON COUNTY SCHLEY COUNTY STEWART COUNTY WEBSTER COUNTY SUMTER COUNTY CRISP COUNTY QUITMAN COUNTY TERRELL COUNTY RANDOLPH COUNTY LEE COUNTY TURNER COUNTY WORTH COUNTY CLAY COUNTY DOUGHERTY COUNTY CALHOUN COUNTY TIFT COUNTY EARLY COUNTY BAKER COUNTY MITCHELL COUNTY MILLER COUNTY SEMINOLE COUNTY DECATUR COUNTY GRADY COUNTY THOMAS COUNTY BROOKS COUNTY LOWNDES COUNTY VTD: 0005 GARDEN CENTER VTD: 0007 LOMAX-PINEVALE VTD: 0015 AZALEA CITY CHURCH OF GOD VTD: 0019 CRAIG RECREATION CENTER MUSCOGEE COUNTY VTD: 0001 COURTHOUSE VTD: 0002 NORTH LUMPKIN VTD: 0003 EDDY VTD: 0004 BAKER VTD: 0005 SAINT MARY S VTD: 0007 BRITT 1144 JOURNAL OF THE SENATE VTD: 0008 CARVER VTD: 0009 RIGDON VTD: 0010 DIMON VTD: 0011 DAWSON VTD: 0012 WESLEY HEIGHTS VTD: 0013 REGENCY HEIGHTS VTD: 0036 3A1 FORT BENNING VTD: 0037 3A2 FORD BENNING VTD: 0038 3A3 FORD BENNING VTD: 0039 3A4 FORT BENNING VTD: 0040 3A5 FORT BENNING VTD: 0042 3B1 FORT BENNING District: 3 FAYETTE COUNTY COWETA COUNTY SPALDING COUNTY MERIWETHER COUNTY PIKE COUNTY LAMAR COUNTY MONROE COUNTY JONES COUNTY UPSON COUNTY HARRIS COUNTY CRAWFORD COUNTY BALDWIN COUNTY VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 319D, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9703. Block(s): 214C, 220E, 225B, 226B Tract: 9704. Block(S): 101B VTD: 0003 WEST BALDWIN 319 VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 335, 336A, 505, 507, 508, 509, 510, 511, 512, 513, 514, 518, 519, 520, 521, 522, 523 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 140A, 201A, 201B, 217A, 218A, 219, 220, 221, 222A, 223, 224, 312A, 313, 314A, 315, 316, 317, 401A, 402, 404A, 405, 406, 407, 408, 415A, 416, 417, 418A, 420A, 422, 423, 501A, 501B, 502, 503A, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 517, 518 VTD: 0006 COOPERS 322 VTD: 0007 NORTH MILLEDGEVILLE 320N VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 102A, 103, 104, 105, 106A, 107A, 108, 109, 110, 111, 201A, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215A, 215B, 216, 217, 218 Tract: 9708. Block(s): 206, 207, 208, 209, 211, 212, 213, 214, 215, 216, 217, 218, 231 VTD: 0010 CMC 320G (Part) Tract: 9705. TUESDAY, FEBRUARY 25, 1992 1145 Block(s): 137, 138 Tract: 9706. Block(s): 102B, 106B, 107B, 201B Tract: 9707. Block(s): 106, 107, 108, 109, 110, 111, 115, 116, 128, 131, 138, 139, 201C, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217B, 218B, 222B, 310B, 311B, 312B, 314B, 401B, 403, 404B, 404C, 409, 410, 411, 412, 413, 414, 415B, 418B, 419, 420B, 421, 426, 427, 428, 501C, 503B, 515B, 516, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 549, 550 VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTBORO 1714 (Part) Tract: 9708. Block(s): 109, 110, 111, 112, 113, 114, 115, 123B, 127B, 131, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 219, 220, 221, 222, 223, 224, 225, 226, 301, 302 CLAYTON COUNTY VTD: 0001 ELLENWOOD VTD: 0002 FOREST PARK 1 VTD: 0003 FOREST PARK 2 VTD: 0004 FOREST PARK 3 VTD: 0005 FOREST PARK 4 VTD: 0008 JONESBORO 2 VTD: 0009 JONESBORO 3 VTD: 0010 JONESBORO 5 VTD: 0011 JONESBORO 6 VTD: 0012 JONESBORO 7 VTD: 0013 JONESBORO 8 VTD: 0014 LOVEJOY 1 VTD: 0015 LOVEJOY 2 VTD: 0016 LOVEJOY 3 VTD: 0017 ADAMSON MORROW 1 VTD: 0018 ADAMSON MORROW 2 AND FOREST PARK 6 VTD: 0019 ADAMSON MORROW 3 VTD: 0020 ADAMSON MORROW 4 VTD: 0021 ADAMSON MORROW 5 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 901, 902, 903B, 906, 907, 908, 909, 910, 911, 912 VTD: 0025 PAN HANDLE VTD: 0031 RIVERDALE 6 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0050 SANDY RIDGE 1146 JOURNAL OF THE SENATE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0075 TUSSAHAW MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0014 ROTHSCHILD VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND VTD: 0025 EAST HIGHLAND VTD: 0026 SAINT ELMO VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B VTD: 0041 3B FORT BENNING District: 4 ROCKDALE COUNTY DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0002 ASHFORD DUNWOODY VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0023 CHESTNUT VTD: 0024 CLAIREMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0040 EMBRY HILLS TUESDAY, FEBRUARY 25, 1992 1147 VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0057 HUNTLEY HILLS VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0090 NANCY CREEK VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: GOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER BTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E VTD: 0089 7A 1148 JOURNAL OF THE SENATE VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D GWINNETT COUNTY VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0030 407C VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D VTD: 0055 407D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0075 406R VTD: 0076 571D TUESDAY, FEBRUARY 25, 1992 1149 VTD: 0077 571B VTD: 0078 544D District: 5 CLAYTON COUNTY VTD: 0006 FOREST PARK 5 VTD: 0007 JONESBORO 1 VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0027 RIVERDALE 2 VTD: 0028 RIVERDALE 3 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0032 RIVERDALE 7 VTD: 0033 RIVERDALE 8 COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBD SOUTH DECATUR VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L 1150 VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: OOB1 8C VTD: OOB2 8D JOURNAL OF THE SENATE TUESDAY, FEBRUARY 25, 1992 1151 VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC1 8M VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 9S VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 IDE VTD: OOFS 10F VTD: OOF4 10G VTD: OOF5 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 HP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G 1152 JOURNAL OF THE SENATE VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EP05 VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SC11 VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: OOV1 SS04 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW8 SS21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23 VTD: 00X7 9T VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 TUESDAY, FEBRUARY 25, 1992 1153 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07 District: 6 CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0016 WOODSTOCK COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102A, 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0310.01 Block(s): 910C, 910L, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 310B, 311, 312, 313B, 313C, 3146, 316, 317, 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 411D VTD: 0019 DODGEN VTD: 0020 DUE WEST 1154 JOURNAL OF THE SENATE VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 CRITTERS 1 VTD: 0040 CRITTERS 2 VTD: 0041 CRITTERS 3 VTD: 0042 CRITTERS 4 VTD: 0043 CRITTERS 5 VTD: 0044 CRITTERS 6 VTD: 0045 CRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part) Tract: 0303.21 Block(s): 302A, 402A, 403A Tract: 0304.04 Block(s): 101A, 101B Tract: 0304.06 Block(s): 101A, 101B, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C Tract: 0311.09 Block(s): 101A, 101C VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A VTD: 0062 MARIETTA 6 (Part) TUESDAY, FEBRUARY 25, 1992 1155 Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A, 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 1156 JOURNAL OF THE SENATE VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 CRITTERS 8 VTD: OOB4 CRITTERS 11 VTD: OOB5 CRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 CRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 115D, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826 VTD: OOCl OREGON 5 DEKALB COUNTY VTD: 0005 AUSTIN VTD: 0037 DUNWOODY VTD: 0064 KINGSLEY VTD: 0089 MT. VERNON VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN VTD: OOBR VERMACK FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 VTD: OOPS NC05 VTD: OOP4 NC06 VTD: OOP5 NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOW3 SS15 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 TUESDAY, FEBRUARY 25, 1992 1157 VTD: OOY2 RW09 GWINNETT COUNTY VTD: 0018 1263A VTD: 0019 1263B VTD: 0024 404A VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C VTD: 0058 406L VTD: 0059 406M VTD: 0074 404C District: 7 CHATTOOGA COUNTY FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY TROUP COUNTY COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 106B VTD: 0018 DOBBINS 2 (Part) Tract: 0304.06 Block(s): 102B Tract: 0308. Block(s): 208, 209C, 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C Tract: 0311.08 Block(s): 301, 302, 303B, 305, 306, 307, 309 VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 1158 JOURNAL OF THE SENATE VTD: 0032 FAIR OAKS 6 (Part) Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B Tract: 0809.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0048 HOWELLS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06 Block(s): 102A Tract: 0307. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 309, 310, 314, 315, 318, 321, 322, 323 Tract: 0308. Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808 Tract: 0310.01 Block(s): 908A, 910A, 910B, 911, 912 Tract: 0311.09 Block(s): 501, 502, 503A, 504, 505 VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 (Part) Tract: 0306. Block(s): 219, 222, 223, 224, 227, 228, 229, 230, 231, 232, 233, 302, 303, 304, 305, 307, 308A, 309, 311, 312, 313, 314, 315, 316, 317, 323, 325A, 326, 401, 403 Tract: 0307. Block(s): 401, 407A, 418 Tract: 0308. Block(s): 301, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318A, 320, 401, 402, 403, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513 Tract: 0309.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, TUESDAY, FEBRUARY 25, 1992 1159 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0061 MARIETTA 5 (Part) Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0062 MARIETTA 6 (Part) Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809 VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 801B, 823B VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2 District: 8 EMANUEL COUNTY JOHNSON COUNTY LAURENS COUNTY HOUSTON COUNTTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY MONTGOMERY COUNTY WHEELER COUNTY DOOLY COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY APPLING COUNTY BEN HILL COUNTY 1160 JOURNAL OF THE SENATE COFFEE COUNTY IRWIN COUNTY BACON COUNTY BERRIEN COUNTY WARE COUNTY ATKINSON COUNTY COOK COUNTY COLQUITT COUNTY CLINCH COUNTY LANIER COUNTY CHARLTON COUNTY ECHOLS COUNTY BIBB COUNTY VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0039 VINEVILLE 06 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINELOA VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0017 SHILOH FIRE STATION VTD: 0018 NEW COVENANT CHURCH VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL TUESDAY, FEBRUARY 25, 1992 1161 District: 9 DADE COUNTY RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY GORDON COUNTY DAWSON COUNTY PICKENS COUNTY HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREED VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0011 LITTLE RIVER VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT District: 10 FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY WILKES COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY NEWTON COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY VTD: 0001 1295A VTD: 0002 1295B VTD: 0017 1564 VTD: 0020 1749 1162 JOURNAL OF THE SENATE VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0067 404B RICHMOND COUNTY VTD: 0019 7 VTD: 0021 8 (Part) Tract: 0001. Block(s): 414, 415, 501, 502, 505, 506, 507, 508, 509, 511, 512, 516A, 516B VTD: 0022 8A VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0033 86-5 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954 Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106 107, 018, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0046 89-1 VTD: 0050 89-5 VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD:. 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0067 FG5 (Part) Tract: 0108. Block(s): 901G, 901H, 901J, 906, 907, 911, 912 TUESDAY, FEBRUARY 25, 1992 1163 District: 11 GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY BUTTS COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY WILKINSON COUNTY TWIGGS COUNTY BALDWIN COUNTY VTD: 0001 MONPELIER-EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 101, 102, 103, 104, 105, 106, 107, 107C, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202B, 203, 204, 205, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224A, 224B, 225, 226, 227, 301B, 306, 307, 308, 309, 310, 311, 312A, 312B, 313, 314, 315, 316, 320B Tract: 9703. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117,118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141,142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158,159, 160, 161,162, 163,164, 165, 166, 167, 201B, 202, 203, 204, 205, 206, 207, 208, 209, 210C, 210D, 210E, 211B, 212, 213, 214D, 214E, 215B, 216B, 218B, 219, 220C, 220D, 222C, 227, 228, 229B VTD: 0004 EAST MILLEDGEVILLE 320E (Part) Tract: 9702. Block(s): 330A, 333, 334, 337, 338, 339, 340, 341, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 501, 502, 503, 504, 506, 515, 516, 517 VTD: 0005 EAST HARDWICK 321E (Part) Tract: 9707. Block(s): 302A, 303A, 304A, 307A, 308, 309, 310A, 311A, 318, 319, 320, 321, 424, 425, 548A VTD: 0009 WEST HARDWICK 321W (Part) Tract: 9706. Block(s): 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421 VTD: 0010 CMC 320G (Part) Tract: 9705. Block(s): 139, 140, 141 Tract: 9706. Block(s): 101 Tract 9707 Block(s): 101, 102, 103, 104, 105, 112, 113, 114, 117, 118, 119, 120, 121, 122, 123, 124, 125, 127, 129, 130, 132, 133, 134, 135, 136, 137, 140B, 301, 302B, 303B, 304B, 305, 306, 307B, 546, 547, 548B, 548C Tract: 9708. Block(s): 101, 102, 103, 104, 105A, 118A, 119, 120, 121, 122, 123A, 124, 125, 126, 127A, 128, 129 1164 JOURNAL OF THE SENATE VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 130, 132, 133 BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0007 EM07 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0040 VINEVILLE 07 VTD: 0043 MACON 02 VTD: 0044 MACON 01 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0017 CARRRIAGE CLUSTER AND WOODRIDGE VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS VTD: 0036 DUNAIRE VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0062 JOLLY VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0073 MAINSTREET SOUTH VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW TUESDAY, FEBRUARY 25, 1992 1165 VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAQ ROWLAND ROAD VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0030 LOVES VTD: 0045 MCMULLEN VTD: 0070 SWAN LAKE RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 VTD: 0004 2A VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0012 5 VTD: 0013 5A VTD: 0014 5B VTD: 0015 6 VTD: 0016 6A VTD: 0017 6B VTD: 0018 6C VTD: 0020 7 VTD: 0021 8 (Part) Tract: 0011. Block(s): 304, 305, 306, 307, 308, 309, 313, 314, 316, 317, 318, 319, 320, 321 Tract: 0012. Block(s): 402, 605, 607, 608, 616 VTD: 0023 8B 1166 JOURNAL OF THE SENATE VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 VTD: 0028 85-3 VTD: 0031 86-3 VTD: 0032 86-4 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0109.02 Block(s): 102 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0045 88-7 VTD: 0047 89-2 VTD: 0048 89-3 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 VTD: 0053 89-8 VTD: 0063 FGl VTD: 0064 FG2 VTD: 0066 FG4 VTD: 0067 FG5 (Part) Tract: 0108. Block(s): 901D VTD: 0068 FG6 (b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1990 for this state. (c) The first members elected pursuant to the provisons of this Code section shall be those who are elected to take office in January, 1993. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 shall continue to serve and, for all purposes relative to membership in the House of Representa tives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 for the purpose of electing the members in 1992 who are to take office in 1993. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisons of this Code section shall be effective January 1, 1993." 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. TUESDAY, FEBRUARY 25, 1992 1167 Senator Walker of the 43rd moved that the Senate disagree to the House substitute to SB 705. On the motion, the yeas were 42, nays 1; the motion prevailed, and the Senate disagreed to the House substitute to SB 705. The President announced that the Senate would stand in recess from 1:15 o'clock P.M. until 2:30 o'clock P.M. At 2:30 o'clock P.M., the President called the Senate to order. Senator Garner of the 30th introduced the doctors of the day, Dr. Tom Fitzgerald and Dr. Brenda Fitzgerald, of Carrollton, Georgia. Lieutenant Governor Howard introduced Honorable Maxine Moul, Lieutenant Gover nor of the State of Nebraska, who briefly addressed the Senate on behalf of U.S. Senator Bob Kerrey, a candidate for President of the United States. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House insists on its position in substituting the following bill of the Senate: SB 705. By Senators Garner of the 30th, Dean of the 31st and Kidd of the 25th: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date. The following bill of the Senate was taken up for the purpose of considering the House action thereon: SB 705. By Senators Garner of the 30th, Dean of the 31st and Kidd of the 25th: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date. Senator Walker of the 43rd moved that the Senate adhere to the Senate disagreement to the House substitute to SB 705, 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 disagreement to the House substitute to SB 705. The President appointed as a Conference Committee on the part of the Senate the following: Senators Walker of the 43rd, Garner of the 30th and Hooks of the 14th. 1168 JOURNAL OF THE SENATE Senator Echols of the 6th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate: SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The Houses 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 705. By Senators Garner of the 30th, Dean of the 31st and Kidd of the 25th: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date. The Speaker has appointed on the part of the House, Representatives Hanner of the 131st, Smith of the 152nd and Dixon of the 128th. Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 2:54 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. WEDNESDAY, FEBRUARY 26, 1992 1169 Senate Chamber, Atlanta, Georgia Wednesday, February 26, 1992 Twenty-third Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Echols of the 6th moved that the Senate reconsider its action on February 25 in passing the following bill of the Senate: SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bowen Brown of 26th _DCEcoehalloninlss Edge English Garner Gillis Hasty Hill JKH.ooih.dondksson Marable Moye Perdue Perry Ragan of 10th Ray ,TTl.,i;umTMrnmTMeo,rTMn^s Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Baldwin Broun of 46th Burton Clay Coleman Dawkins Deal Foster Hammill Harris Henson Huggins Newbill Pollard Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Tysinger Those not voting were Senators: Alien Bishop Egan Langford Phillips Shumake On the motion, the yeas were 26, nays 24; the motion prevailed, and SB 256 was recon sidered and placed at the foot of the Senate Rules Calendar for today. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. 1170 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1398. By Representative Thomas of the 31st: A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the district attorney at not less than $10,000.00 nor more than $63,000.00. HB 1411. By Representatives Lane of the 27th, Selman of the 32nd, McKinney of the 35th, Davis of the 29th, Felton of the 22nd and others: A bill to provide a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who are 70 years of age or over. HB 1553. By Representatives Felton of the 22nd, Townsend of the 24th, McKinney of the 35th and Thomas of the 31st: A bill to provide a homestead exemption from all Fulton County ad valorem taxes in an amount of $4,000.00 of the assessed value of such homestead for cer tain residents of Fulton County in 1993; to provide that such amount shall in crease $2,000.00 each year after that until it reaches $10,000.00 in 1996. HB 1818. By Representatives Watson of the 114th and Walker of the 115th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population. HB 1831. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A bill to amend an Act providing for the method of filling vacancies in the mem bership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies. HB 1279. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes. HB 1706. By Representative Randall of the 101st: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provi sions relating to when bond forfeiture occurs. WEDNESDAY, FEBRUARY 26, 1992 1171 HB 124. By Representatives Dobbs of the 74th, Bates of the 141st and Barfoot of the 120th: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the regulation of toxic heavy metals in packaging waste. HB 1658. By Representative Watson of the 114th: A bill to amend Code Section 34-26-6 of the Official Code of Georgia Annotated, relating to specific powers and duties of the Commissioner of Labor, so as to provide that the Commissioner of Labor shall have the power, jurisdiction, and authority to initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel. HB 1453. By Representatives Floyd of the 135th, Balkcom of the 140th, Royal of the 144th, Walker of the 115th, Groover of the 99th and others: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section. HB 1400. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for cash management policies and procedures and for forms, reports, and plans; to provide for a cash management officer; to provide for fees for the state's banking services. HB 1124. By Representative Lawson of the 9th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the duties of such boards, so as to provide that the county board of tax assessors shall be required to utilize the county property appraisal staff and shall be prohibited from ex pending county funds for the services of consultants or outside real estate ap praisers in the production or rebuttal of evidence. HB 573. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th, Atkins of the 21st, Meadows of the 91st and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the De partment of Human Resources from making certain expenditures for certain ad ditional special facilities unless notice thereof is provided to the governing au thorities of counties or municipalities affected and to certain members of the General Assembly. HB 1170. By Representatives Barnett of the 10th and Powell of the 13th: A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a sick, injured, or disabled inmate shall be responsible for reimbursing the state, county, or municipality for the costs of medical services furnished the inmate. 1172 JOURNAL OF THE SENATE HB 1476. By Representative Connell of the 87th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related orga nizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance is sued to certain business entities. HB 1282. By Representatives Byrd of the 153rd, Watson of the 114th, Kilgore of the 42nd and Pettit of the 19th: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission. HB 1392. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Section 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats. The House has adopted by the requisite constitutional majority the following resolu tions of the House and Senate: HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th, Chambless of the 133rd, Porter of the 119th and others: A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles. SR 417. By Senator Bowen of the 13th: A resolution authorizing the grant of a road right of way easement on, over, and through certain state owned real property located in Crisp County, Georgia; to provide an effective date. SR 377. By Senator Kidd of the 25th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water distribution line in, on, over, under, upon, across, or through property owned by the State of Georgia in Baldwin County, Georgia; to provide an effective date. SR 379. By Senator Foster of the 50th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a water intake line in, on, over, under, upon, across, or through property owned by the State of Georgia in Rabun County, Georgia; to provide an effective date. WEDNESDAY, FEBRUARY 26, 1992 1173 HR 839. By Representatives Twiggs of the 4th and Colwell of the 4th: A resolution designating the Riley C. Thurmond Bridge. The House has passed by the requisite constitutional majority the following bills of the House: HB 1607. By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Connell of the 87th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 41-8-34 of the Official Code of Georgia Anno tated, relating to hearings and determinations of probation, so as to provide that defendants shall not in the same or related sentences be sentenced to both prison and probation. HB 1747. By Representatives Hudson of the 117th, Bostick of the 138th, Carter of the 146th, Holland of the 136th, Ray of the 98th and others: A bill to amend Code Section 2-11-22 of the Official Code of Georgia Annotated, relating to labeling requirements for seeds, so as to require that labels for agricul tural seeds shall show the calendar year or years during which the seeds were produced. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 750. By Senator Baldwin of the 29th: A bill to amend Code Section 35-8-19 of the Official Code of Georgia Annotated, relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities, so as to remove the population figures. Referred to Committee on Urban and County Affairs (General). SB 751. By Senators Henson of the 55th and Walker of the 43rd: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds. Referred to Committee on Special Judiciary. SB 752. By Senator Harris of the 27th: 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 provide that no person shall store, discharge, or dispose of sludge without the approval of the Environmental Protection Division; to provide that no person shall store, dis charge, or dispose of certain sludge in a county other than the county in which the sludge is generated unless the governing authority of the receiving county provides approval. Referred to Committee on Natural Resources. SB 753. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 53-6-90 of the Official Code of Georgia Annotated, relating to appointment of county administrator and assistant county adminis trators, so as to change the population figure describing counties in which the 1174 JOURNAL OF THE SENATE judge of the probate court is authorized to appoint one or more assistant county administrators. Referred to Committee on Urban and County Affairs (General). SB 754. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 21-3-133 of the Official Code of Georgia Annotated, relating to purging of a municipality's list of electors, so as to change the popula tion figures describing the counties which encompass municipalities which shall affix postage to return cards for continuance of registration. Referred to Committee on Urban and County Affairs (General). SB 755. By Senators Hooks of the 14th, Bowen of the 13th, Gillis of the 20th and others: A bill to amend Code Section 27-3-63 of the Official Code of Georgia Annotated, relating to general offenses and penalties relative to wildlife, so as to provide that traps must bear the owner's and user's trapper's number or name; to provide for a penalty. Referred to Committee on Natural Resources. SB 756. By Senators Collins of the 17th, Newbill of the 56th, Clay of the 37th and others: A bill to amend Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the state employee's health insurance plan, so as to pro vide that any member of the General Assembly who participates in any such plan or plans shall be responsible for paying 100 percent of the cost of such participa tion; to provide an effective date. Referred to Committee on Governmental Operations. SB 757. By Senator Burton of the 5th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of earning curriculum credits at the high school level; to provide for related matters; to provide an effective date. Referred to Committee on Governmental Operations. SR 505. By Senators Collins of the 17th, Albert of the 23rd, Perry of the 7th and others: A resolution urging the Congress of the United States to recognize and honor the veterans of the Guadalcanal campaign during World War II. Referred to Committee on Defense and Veterans Affairs. The following bills and resolutions of the House were read the first time and referred to committees: HB 124. By Representatives Dobbs of the 74th, Bates of the 141st and Barfoot of the 120th: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the regulation of toxic heavy metals in packaging waste. Referred to Committee on Natural Resources. WEDNESDAY, FEBRUARY 26, 1992 1175 HB 573. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the De partment of Human Resources from making certain expenditures for certain ad ditional special facilities unless notice thereof is provided to the governing au thorities of counties or municipalities affected and to certain members of the General Assembly. Referred to Committee on Health and Human Services. HB 1124. By Representative Lawson of the 9th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization and the duties of such boards, so as to provide that the county board of tax assessors shall be required to utilize the county property appraisal staff and shall be prohibited from ex pending county funds for the services of consultants or outside real estate ap praisers in the production or rebuttal of consultants and evidence. Referred to Committee on Finance and Public Utilities. HB 1170. By Representative Barnett of the 10th: A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a sick, injured, or disabled inmate shall be responsible for reimbursing the state, county, or municipality for the costs of medical services furnished the inmate. Referred to Committee on Corrections. HB 1279. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th and others: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes. Referred to Committee on Finance and Public Utilities. HB 1282. By Representatives Byrd of the 153rd, Watson of the 114th, Kilgore of the 42nd and Pettit of the 19th: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to provide for regulation of limousine carriers by the Public Service Commission. Referred to Committee on Finance and Public Utilities. HB 1392. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Section 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats. Referred to Committee on Natural Resources. 1176 JOURNAL OF THE SENATE HB 1400. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for cash management policies and procedures and for forms, reports, and plans; to provide for a cash management officer; to provide for fees for the state's banking services. Referred to Committee on Banking and Financial Institutions. HB 1453. By Representatives Floyd of the 135th, Balkcom of the 140th, Royal of the 144th and others: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section. Referred to Committee on Natural Resources. HB 1476. By Representative Connell of the 87th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related orga nizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance is sued to certain business entities. Referred to Committee on Insurance and Labor. HB 1607. By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 41-8-34 of the Official Code of Georgia Anno tated, relating to hearings and determinations of probation, so as to provide that defendants shall not in the same or related sentences be sentenced to both prison and probation. Referred to Committee on Corrections. HB 1658. By Representative Watson of the 114th: A bill to amend Code Section 34-26-6 of the Official Code of Georgia Annotated, relating to specific powers and duties of the Commissioner of Labor, so as to provide that the Commissioner of Labor shall have the power, jurisdiction, and authority to initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel. Referred to Committee on Insurance and Labor. HB 1706. By Representative Randall of the 101st: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the surrender of principal by surety when the court is in session; to change the provi sions relating to when bond forfeiture occurs. Referred to Committee on Special Judiciary. WEDNESDAY, FEBRUARY 26, 1992 1177 HB 1747. By Representatives Hudson of the 117th, Bostick of the 138th, Carter of the 146th and others: A bill to amend Code Section 2-11-22 of the Official Code of Georgia Annotated, relating to labeling requirements for seeds, so as to require that labels for agricul tural seeds shall show the calendar year or years during which the seeds were produced. Referred to Committee on Agriculture. HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th and others: A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles. Referred to Committee on Finance and Public Utilities. HR 839. By Representatives Twiggs of the 4th and Colwell of the 4th: A resolution designating the Riley C. Thurmond Bridge. Referred to Committee on Transportation. HB 1398. By Representative Thomas of the 31st: A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the district attorney at not less than $10,000.00 nor more than $63,000.00. Referred to Committee on Urban and County Affairs. HB 1411. By Representatives Lane of the 27th, Selman of the 32nd, McKinney of the 35th and others: A bill to provide a homestead exemption from all Fulton County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, for the full value of the homestead for certain residents of that school district who are 70 years of age or over. Referred to Committee on Urban and County Affairs. HB 1553. By Representatives Felton of the 22nd, Townsend of the 24th, McKinney of the 35th and Thomas of the 31st: A bill to provide a homestead exemption from all Fulton County ad valorem taxes in an amount of $4,000.00 of the assessed value of such homestead for cer tain residents of Fulton County in 1993; to provide that such amount shall in crease $2,000.00 each year after that until it reaches $10,000.00 in 1996. Referred to Committee on Urban and County Affairs. HB 1818. By Representatives Watson of the 114th and Walker of the 115th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 60,000 and not more than 65,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population. Referred to Committee on Urban and County Affairs (General). 1178 JOURNAL OF THE SENATE HB 1831. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A bill to amend an Act providing for the method of filling vacancies in the mem bership of the Hospital Authority of Floyd County, so as to change the method of filling such vacancies. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol lowing bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 733. Do pass. Respectfully submitted, Senator Perry of the 7th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 400. Do pass. HR 647. Do pass by substitute. SB 720. Do pass. HR 778. Do pass. SR 474. Do pass. SR 486. Do pass. HR 787. Do pass. HR 788. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 731. Do pass. HB 1571. Do pass. HB 1566. Do pass. HB 1572. Do pass. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 735. Do pass as amended. Respectfully submitted, Senator Baldwin of the 29th District, Chairman WEDNESDAY, FEBRUARY 26, 1992 1179 Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 246. Do pass. HB 1216. Do pass. HB 1149. Do pass. SB 554. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the House has instructed me to report the same back to the Senate with the following recommendation: HB 1440. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 500. Do pass by substitute. HB 824. Do pass by substitute. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 311. Do pass. HB 711. Do pass. HB 394. HB 501. HB 588. HB 634. Do pass. Do pass. ,, Do pass. Do pass. HB 900 Do pass. HB 1230. Do pass. HB 1234- Do pass. HB 635. Do pass. HB 1596. Do pass. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: 1180 JOURNAL OF THE SENATE HB 1167. HB 1168. HB 1696. HB 1727. Do pass. Do pass. Do pass. Do pass. Mr. President: HB 1730. Do pass. HB 1744. Do pass. HB 1764. Do pass. HB 1766. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The Committee on Youth, Aging and Human Ecology has had under consideration the following bills of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 680. Do pass by substitute. HB 519. Do pass. SB 681. Do pass by substitute. HB 1573. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 588. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a program of community education and development grants; to authorize the De partment of Education to make grants to local boards of education for certain programs and activities; to repeal Article 7 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to community education and development. SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and Egan of the 40th: A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to provide that the division shall report to certain officers on the condition of certain lakes and rivers. SB 698. By Senator Ramsey of the 54th: A bill to amend Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to the enforcement of load limitations, so as to authorize the department to impound any vehicle owned by a company who has failed to pay an assess ment for violations of the weight limitations. SB 701. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and Phillips of the 9th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related orga nizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance is sued to certain business entities; to provide for rules and regulations. WEDNESDAY, FEBRUARY 26, 1992 1181 SB 704. By Senators Deal of the 49th, Garner of the 30th, Johnson of the 47th and others: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for the registration of lobbyists with the State Ethics Commission; to define the term "lobbyist"; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lob bying, so as to repeal certain provisions of the law relating to registration of lob byists with the Secretary of State; to change certain references to the provisions repealed; to provide an effective date. SB 718. By Senators Hooks of the 14th, Coleman of the 1st, Starr of the 44th and others: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to enact the "Georgia Airport Development Authority Law"; to provide for a short title; to provide for legislative purpose; to provide for defini tions; to provide for creation of the authority; to provide for appointment and compensation of members and employees of the authority; to provide for a quo rum; to provide for filling of vacancies; to provide for legal services; to provide an effective date. SB 721. By Senators Pollard of the 24th, Foster of the 50th and Broun of the 46th: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide for additional powers of local boards of education; to provide an effective date. SB 722. By Senators Taylor of the 12th, Pollard of the 24th, Hasty of the 51st and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to reduce the waiting period under a policy of accident and sickness insurance for benefits to be payable for a preexisting illness or condition; to provide for applicability. SB 723. By Senator Pollard of the 24th: A bill to amend Code Section 34-9-152 of the Official Code of Georgia Annotated, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, so as to impose restrictions on the ability of counties and municipalities to create such funds; to provide an effective date. SB 724. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for approval of assumption reinsur ance agreements; to provide definitions; to provide for notice requirements to policyholders; to provide for notice to the Commissioner of Insurance; to provide for the transfer of risks or obligations under an insurance contract following policyholder consent. SB 725. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and others: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Depart ment of Natural Resources; to make certain provisions relative to the member ship of the Shore Assistance Committee; to provide powers of the Shore Assis tance Committee. 1182 JOURNAL OF THE SENATE SR 475. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and Phillips of the 9th: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of a Workers' Com pensation Trust Fund for use in the payment of compensation benefits to injured workers of employers who are not self-insured and who are not covered by a workers' compensation policy of insurance; to provide that certain provisions of the Constitution shall not be applicable to revenues raised for purposes of the fund; to provide for the submission of this amendment for ratification or rejection. SR 477. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: A resolution proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund from which funds shall be disbursed for transportation purposes; to provide for payments into the fund and disburse ments therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection. SR 482. By Senators Henson of the 55th and Ramsey of the 54th: A resolution urging the adoption of water safety programs by school systems throughout the State of Georgia. SR 490. By Senators Taylor of the 12th, Deal of the 49th, Garner of the 30th and others: A resolution urging Congress to reject any legislation imposing unrealistic Corpo rate Average Fuel Energy (CAFE) standards on the automobile industry. HB 1039. By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th: A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes. HB 1196. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribu tion, storage, transportation, disposal, formulation or labeling. HB 1210. By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers. HB 1283. By Representatives Pettit of the 19th, Watson of the 114th, Wilder of the 21st and Holmes of the 28th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that trust or escrow accounts maintained by real estate brokers shall be federally insured and may be interest bearing. WEDNESDAY, FEBRUARY 26, 1992 1183 HB 1389. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings. HB 1390. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for remov ing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation. HB 1396. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, so as to change certain provisions governing sharing of revenues result ing from enforcement of load limitations. HB 1412. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: 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 Depart ment of Education shall develop materials and resource guides for an environ mental education and recycling awareness program for public schools. HB 1447. By Representatives Oliver of the 53rd, Cummings of the 17th, Lane of the 27th and others: A bill to amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to riding on roadways and bicycle paths, so as to authorize local gov erning authorities to require bicycle riders to use bicycle paths under certain conditions. HB 1459. By Representatives Streat of the 139th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Code Section 32-6-23 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to provide for singletrip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide. HB 1644. By Representative Jones of the 71st: A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given. HB 1647. By Representatives Watts of the 41st, Murphy of the 18th, Walker of the 115th and others: A bill to amend Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, so as to provide that no pamphlet, booklet, brochure, or other promotional or informational publication printed by 1184 JOURNAL OF THE SENATE any agency or department of the executive branch shall contain in or on its cover, title page, table of contents, foreword, or other similar location the name of any official of the executive branch. HR 790. By Representatives Stancil of the 8th, Pinholster of the 8th, Selman of the 32nd and Coleman of the 118th: A resolution designating the Reinhardt College Parkway. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bowen Broun of 46th Brown of 26th Clay Coleman Collms Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg rp t _, I>ylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Alien Bishop Burton Langford Phillips Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Walker of the 43rd introduced the chaplain of the day, Bishop Earl Paulk, pastor of the Cathedral at Chapel Hill Harvester Church, Decatur, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 506. By Senator Gillis of the 20th: A resolution commending Mr. Josh Elton Lee. Senator Gillis of the 20th introduced Honorable Carl Sanders, a former governor of the State of Georgia, who presented a plaque to Josh Lee, and addressed the Senate. SR 502. By Senators Foster of the 50th, Deal of the 49th and Hasty of the 51st: A resolution commending the Professional Association of Georgia Educators and the members of its student affiliate organizations. WEDNESDAY, FEBRUARY 26, 1992 1185 SR 503. By Senators Walker of the 43rd, Tate of the 38th and Langford of the 35th: A resolution commending the Clark Atlanta University football team. SR 504. By Senators Walker of the 43rd, Tate of the 38th and Langford of the 35th: A resolution commending Imam W. Deen Mohammed. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Wednesday, February 26, 1992 TWENTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1167 Kidd, 25th WILKINSON COUNTY A bill to amend an Act creating a Board of Education of Wilkinson County, so as to change the composition of the education districts from which mem bers are elected. HB 1168 Kidd, 25th WILKINSON COUNTY A bill to amend an Act creating the Board of Commissioners of Wilkinson County, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected. HB 1696 Dean, 31st HARALSON COUNTY A bill to amend an Act providing for the election of members of the Board of Education of Haralson County, so as to provide for education districts. HB 1727 Kidd, 25th JONES COUNTY A bill to increase the amount of homestead exemption from Jones County ad valorem taxes, except taxes levied to pay interest on and to retire bonded indebtedness, which applies to the homestead of each resident of Jones County actually occupied by the owner as a residence and homestead. HB 1730 Hammill, 3rd Hill, 4th BRYAN COUNTY A bill to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, so as to provide for commissioner districts. HB 1744 Kidd, 25th JONES COUNTY A bill to amend an Act creating the Board of Commissioners of Jones County, so as to change the compensation of the chairman and members of the board of commissioners. 1186 JOURNAL OF THE SENATE HB 1764 Edge, 28th COWETA COUNTY A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to provide for the position of county treasurer. HB 1766 Edge, 28th COWETA COUNTY A bill to repeal an Act to amend an Act creating a Board of Commissioners of Coweta County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Harris Hasty Henson Huggins Johnson Kidd Langford Marable Moye Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 43rd Those not voting were Senators: English Garner Hammill Hill Hooks Newbill Phillips Shumake Thompson Walker of 22nd White On the passage of all the local bills, the yeas were 45, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. Senator Tysinger of the 41st moved that Senator Phillips of the 9th be excused from the Senate today so that he could make an appearance in court. On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Phillips of the 9th was excused from the Senate today. The following uncontested population bills of the Senate and House, favorably reported WEDNESDAY, FEBRUARY 26, 1992 1187 by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, were put upon their passage: SENATE GENERAL_ CONSENT CALENDAR FOR POPULATION BILLS WEDNESDAY, FEBRUARY 26, 1992 TWENTY-THIRD LEGISLATIVE DAY SB 633 Phillips, 9th White, 48th GWINNETT COUNTY Bishop, 15th Robinson, 16th MUSCOGEE COUNTY Walker, 22nd Albert, 23rd RICHMOND COUNTY A bill to amend an Act relating to payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delin quent tax payments in certain counties, so as to change the population brack ets. SB 695 Collins, 17th Starr, 44th CLAYTON COUNTY Turner, 8th BROOKS COUNTY Collins, 17th BUTTS COUNTY Hammill, 3rd Hill, 4th BRYAN COUNTY Bishop, 15th Robinson, 16th MUSCOGEE COUNTY Walker, 22nd Albert, 23rd RICHMOND COUNTY Pollard, 24th WILKES COUNTY A bill to amend an Act relating to ad valorem taxation of property, so as to change the date on which tax commissioners and tax receivers shall close their books for the return of taxes. *HB 1006 Dawkins, 45th ROCKDALE COUNTY A bill to repeal an Act providing for a board of registration and elections in each county of this state having a certain population. (SUBSTITUTE) HB 1533 Kidd, 25th MORGAN COUNTY A bill to amend an Act relating to issuance by counties and municipalities of 1188 JOURNAL OF THE SENATE licenses for sale of distilled spirits by the drink, so as to change the popula tion figures. *HB 1651 Ragan, 10th DECATUR COUNTY THOMAS COUNTY A bill to amend an Act relating to costs for judges of the probate courts, so as to change the population brackets. (SUBSTITUTE) HB 1357 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY English, 21st BURKE COUNTY Albert, 23rd Pollard, 24th COLUMBIA COUNTY Walker, 22nd Albert, 23rd RICHMOND COUNTY Timmons, llth Bishop, 15th CHATTAHOOCHEE COUNTY Baldwin, 29th HARRIS COUNTY Robinson, 16th MARION COUNTY Bishop, 15th Robinson, 16th MUSCOGEE COUNTY Baldwin, 29th Garner, 30th CARROLL COUNTY Baldwin, 29th TROUP COUNTY Edge, 28th COWETA COUNTY Baldwin, 29th HEARD COUNTY Baldwin, 29th MERIWETHER COUNTY Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY Phillips, 9th White, 48th GWINNETT COUNTY Perdue, 18th Brown, 26th Harris, 27th BIBB COUNTY Harris, 27th CRAWFORD COUNTY Robinson, 16th TALBOT COUNTY Hooks, 14th . PEACH COUNTY Hooks, 14th TAYLOR COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Collins, 17th Starr, 44th CLAYTON COUNTY A bill to amend an Act relating to the creation of juvenile courts, so as to repeal certain provisions prohibiting the practice of law by juvenile court judges appointed in a circuit with a certain population. WEDNESDAY, FEBRUARY 26, 1992 1189 HB 1358 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY English, 21st BURKE COUNTY Albert, 23rd Pollard, 24th COLUMBIA COUNTY Walker, 22nd Albert, 23rd RICHMOND COUNTY Timmons, llth Bishop, 15th CHATTAHOOCHEE COUNTY Baldwin, 29th HARRIS COUNTY Robinson, 16th MARION COUNTY Bishop, 15th Robinson, 16th MUSCOGEE COUNTY Robinson, 16th TALBOT COUNTY Hooks, 14th TAYLOR COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Baldwin, 29th Garner, 30th CARROLL COUNTY Baldwin, 29th TROUP COUNTY Edge, 28th COWETA COUNTY Baldwin, 29th HEARD COUNTY Baldwin, 29th MERIWETHER COUNTY Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY Phillips, 9th White, 48th GWINNETT COUNTY Perdue, 18th Brown, 26th Harris, 27th BIBB COUNTY Harris, 27th CRAWFORD COUNTY Hooks, 14th PEACH COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Collins, 17th Starr, 44th CLAYTON COUNTY Turner, 8th BROOKS COUNTY Ragan, 10th Bowen, 13th COLQUITT COUNTY Turner, 8th ECHOLS COUNTY Turner, 8th LOWNDES COUNTY Ragan, 10th THOMAS COUNTY A bill to amend an Act relating to the creation of juvenile courts, so as to provide for prohibitions with respect to the practice of law by juvenile court judges appointed in a circuit with certain populations. (AMENDMENT) 1190 JOURNAL OF THE SENATE The amendment and substitutes to the following bills were put upon their adoption: *HB 1358: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1358 by adding on line 7 of page 1 after the word and symbol "census;" the following: "to provide an exception;". By inserting on line 20 of page 1 after the word "him" the following: "; provided, however this prohibition shall not apply if a majority of the superior court judges in a circuit appointing such judge shall enter an order authorizing such judge to engage in the practice of law, as said order shall specify, which order may be revoked by a majority of said superior court judges". On the adoption of the amendment, the yeas were 46, nays 0, and the amendment was adopted. *HB 1006: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1006: A BILL To be entitled an Act to repeal an Act providing for a board of registrations and elec tions 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, approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for 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, approved March 19, 1981 (Ga. L. 1981, p. 3144), as amended, is repealed in its entirety. Section 2. This Act shall become effective June 30, 1992. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 0, and the substitute was adopted. *HB 1651: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1651: A BILL To be entitled an Act to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs in probate courts, so as to change the provisions relating to population brackets and the census relating to certain costs in certain counties; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to WEDNESDAY, FEBRUARY 26, 1992 1191 costs in probate courts, is amended by striking subsections (e) and (f) of said Code section and inserting in lieu thereof new subsections (e) and (f) to read as follows: "(e) Notwithstanding the provisions of subsections (a) through (d) of this Code section, in all counties of this state having a population of not less than 26,400 38,600 nor more than 26,000 39,500 according to the United States decennial census of M80 1990 or any future such census, the judges of the probate courts are entitled to the following court costs: (1) For specific services: (A) Temporary letters of administration: Receiving applications; docketing and filing applications; services in de termining necessity for temporary administration and entitlement of petitioner or other nominee thereto; order appointing bond, taking, ap proving, and filing; issuing oath; and issuing letters; excluding record ing cost ...................................................... $58.00 (B) Permanent letters of administration: Receiving applications; docketing and filing applications; granting and is suing citation and copy for legal gazette; services in determining statu tory 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 . 65.00 (C) Cost of probating wills in common form: Receiving and filing will; receiving application; docketing and filing appli cation; hearing evidence on probate and determining issue of devisavit vel non; order of probate and appointing executor; and issuing letters; excluding recording cost ......................................... 46.00 (D) Cost of probating wills in solemn form: Filing will for purpose of probating 'in solemn form'; receiving applica tion; docketing and filing application; order for service, including all citations issued in connection therewith; hearing evidence upon the probate and determining issue of devisavit vel non; order of probate and appointing executor (or order denying same); oath of executor; and issuing letters; excluding recording cost ........................... 58.00 (E) 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 li tem; receiving and examining answer of guardian ad litem; and copy of service; excluding recording cost................................. 20.00 (F) Letters of guardianship of minors (includes temporary and permanent guardianships of the person or property): Receiving application; docketing and filing application and issuing all necessary citations, if any; services in determining necessity therefor and entitlement of petitioner or other nominee thereto; order ap pointing guardian; bond, taking, approving, and filing (person or prop erty); issuing oath; and issuing letters; excluding recording cost ..... 50.00 (G) Year's support: All service of the probate court (except sheriff services and advertising), excluding recording cost ......................................... 56.50 Recording certificate in superior court shall be $3.00 for the first page and $2.00 for each additional page. (H) Conveying or encumbering a year's support: Whole service, excluding recording cost ............................. 39.00 (I) 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.................................... 34.50 1192 JOURNAL OF THE SENATE (J) Compromise claim: Receiving application; docketing and filing application; services in hear ing evidence for determination of the matter; and final order; excluding recording cost .................................................. 19.00 (K) Returns--Annual and final: Receiving return; filing, docketing, and examining annual and final re turns of executors, administrators, trustees, and guardians; oath; and order admitting, return to record: Of all estates worth not more than $5,000.00, excluding recording cost . 28.00 Of all estates worth more than $5,000.00, excluding recording cost 36.00 (L) Dismission of administrator, executor, or guardian: Receiving application; docketing and filing application; granting citation; services in determining statutory compliance in publication of citation and entitlement of applicant to dismission; and issuing letters; exclud ing recording cost............................................... 56.50 (M) Habeas corpus: Receiving application; docketing and filing application; issuance of writ; and filing answer of respondent; excluding recording cost ...... 51.50 (N) Order of title: Receiving application; docketing and filing application; granting citation; hearing evidence and determining matter; and order; excluding record ing cost ........................................................ 15.00 (O) Establishment of lost papers: Receiving application; docketing and filing application; granting citation or notice; and order; excluding recording cost...................... 15.00 (P) Constitutional homesteads: For the whole service in setting apart of homestead of realty and person alty when not litigated ......................................... 15.00 Where objections or demurrer is filed and heard, in addition to the pro ceedings ........................................................ 5.00 Surveyor, actual charge made (not included in fee base) .............. ---- (Q) Statutory homestead (pursuant to Code Section 44-13-100): For whole services in setting apart short homestead exemption........ 15.00 (R) Nonwaiverable homestead exemption (pursuant to Code Section 44-13- 42): Short homestead, $300.00 limit..................................... 4.00 (S) 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 ......... 40.00 For services when petition filed but subsequently withdrawn or dismissed before hearing .................................................. 20.00 (T) Letters of guardianship for mentally ill, mentally retarded, or mentally incompetent: For whole service, including hearing ($40.00) and appointment of guardi anship ($28.50) ................................................. 68.50 (U) Inventory and appraisement: Whole service for inventory, excluding recording cost................. 7.50 Whole service for appraisement, excluding recording cost ............. 7.50 (V) Sale of realty, personalty, or perishable property under administration or guardianship: Sale of perishable personalty, excluding recording cost ............... 40.00 (W) Leave of sale of realty and nonperishable personalty: Public sale ....................................................... 37.00 Private sale ...................................................... 51.50 (X) Sale bill: Whole service for same, excluding recording cost. ............... 3.00 (Y) No administration: WEDNESDAY, FEBRUARY 26, 1992 1193 Receiving application; filing and docketing same; granting and issuing ci tation and copy for legal gazette; service in determining statutory com pliance in publication of citation, intestacy of decedent, his heirs and being sui juris, property of decedent, no debts, and agreement amica bly to divide estate, etc.; and issuing order of 'No Administration Nec essary'; excluding recording cost.................................. 44.00 (Z) Petition for attorney's fee: Receiving application; filing and docketing the same; services in hearing and determining allegations of applications; and order; excluding re cording cost .................................................... 25.00 (AA) Public safety patrol trial: Holding trial ..................................................... 6.50 Receiving written application for warrant ........................... 3.50 (BB) Petition for change of birth certificate: Whole service for same ............................................ 25.00 (2) For general services: (A) Recording, per page ............................................... $1.50 (B) All pleadings, amendments, motions, etc., excluding recording cost, per page ........................................................... 2.50 (C) Photostatic copies (for use as plain copies or as parts of cert, copies) per page........................................................... .25 (D) All contested hearings (uncontested hearings included in base fee), per day............................................................ 20.00 (E) All contested hearings (uncontested hearings included in base fee), per one-half day or less ............................................. 10.00 (F) Exemplified copies, base fee ....................................... 3.00 Cost per page .................................................... .25 (3) For miscellaneous services: (A) Applicant to pay all publications 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.......... $8.00 (B) For every case litigated before the judge of the probate court where no costs are prescribed, per day ..................................... 20.00 (C) For every case litigated before the judge of the probate court where no costs are prescribed, per one-half day minimum charge ............. 10.00 (D) For filing and docketing any application, case, or petition where no costs are prescribed .................................................. 8.00 (E) 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 .......................... 1.00 (F) For each affidavit where no case is pending before the judge of the pro bate court...................................................... .50 (G) For issuing process against a person for not making return ........... 10.00 (H) For rule nisi...................................................... 10.00 (I) For each subpoena ................................................ .50 (J) For hearing election contests, to be taxed as cost per day............. 20.00 (K) For certificate of residency......................................... 3.50 (L) For recording marks and brands ................................... 5.00 (M) For bond when necessary .......................................... 4.00 (N) For recording vouchers ............................................ .25 (O) Base fee for entering an appeal and transmitting the proceeding to supe rior court ...................................................... 5.00 Cost per page of document ........................................ 1.50 1194 JOURNAL OF THE SENATE (Provided, however, that where a transcript of the evidence and proceed ings is filed with the court and does not require recopying, the court shall not receive $1.50 per page for the transcript of evidence.) (P) For filing and recording an official bond of county officers (to be paid by county) ........................................................ 3.00 (Q) For taking and recording oath of county officer (to be paid by county). 5.00 (R) For each fi. fa. issued by the clerk of the probate court .............. 3.00 (S) For seal and certificate ............................................ 3.00 (T) Disabled veterans, certificate of eligibility, filing fee .................. 3.00 (U) For every explosive permit......................................... 20.00 (V) For every peddler's license ......................................... 3.00 (W) For certified copy of letters of administration, letters testamentary, or guardianship, including seal and certificate ........................ 3.00 (X) For services in making settlement of accounts of administrators, execu tors, and guardians (when contested) ............................. 20.00 (Y) For registration of corporation, business profession, or commodity sub ject to special tax, each.......................................... 1.00 (Z) For every pistol license issued...................................... 20.00 (AA) For preparing all papers, appointing managers, consolidating returns in general and special election, each ballot box. ...................... 30.00 (BB) 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) ............ 25.00 (CC) For examining book and giving extract or fact that information sought is not therein ..................................................... 1.50 (DD) For safekeeping a will ............................................. 5.00 (EE) For petition to encroach if amount of encroachment is $500.00 or less . 15.00 (FF) For petition to encroach over $500.00 ............................... 30.00 (GG) For granting letters of administration, CTA, DBN, or DBN-CTA, whole service. ........................................................ 40.00 (HH) For granting letters to successor executor ........................... 51.50 (II) For petition to determine heirs..................................... 54.50 (JJ) For petition to enter safe-deposit box............................... 10.00 (KK) For receiving marriage application, issuing marriage license, and record ing (whole service)............................................... 10.00 (LL) For petition to accept funds for custody of minors, incompetents, and missing heirs (percentage of funds deposited)...................... 5% (MM) 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. The judges of the probate courts in such counties are entitled to an advance cost of $30.00 for deposit to be made before filing any proceeding, where required in accordance with Code Section 15-9-61. (f) Notwithstanding the proviaiono of subsection (a) of this Code section, in all counties of this state having a population of not leas than 88,000 nor more than 38,200 according to the United States decennial ccnsua of 1080 or any future auch census, the judgea of the probate courts arc entitled to the court costs specified in subsection (e) of this Code ocction Reserved." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 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. WEDNESDAY, FEBRUARY 26, 1992 1195 On the passage of all the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun of 46th Brown of 26th ^urton Coleman Collins Dawkins Deal Echols Edge Egan Foster Garner Gillis Harris Hasty Hijl Hooks Muggins ^nson Kldd _, Langford Marable Mye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott |tarr Stemberg Tate Taylor Timmons Turner Tysinger Walker of 43rd Those not voting were Senators: Baldwin Dean English Hammill Henson Phillips (excused) Shumake Thompson Walker of 22nd White On the passage of all the population bills, the yeas were 46, nays 0. All the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, except HB 1006, HB 1358 and HB 1651, having received the requisite consti tutional majority, were passed. HB 1358, having received the requisite constitutional majority, was passed as amended. HB 1006 and HB 1651, having received the requisite constitutional majority, were passed by substitute. Lieutenant Governor Howard introduced U.S. Senator David Boren and Paul Tsongas, a candidate for President of the United States, who briefly addressed the Senate. SENATE RULES CALENDAR Wednesday, February 26, 1992 TWENTY-THIRD LEGISLATIVE DAY SB 600 Housing and Finance Authority Act--intent, powers, bonds (Substitute) (Amendments) (F&PU--45th) SB 482 Public Officers, Employees--prohibit employment of certain relatives (Substi tute) (Ethcis--56th) SB 664 Driving Under the Influence Conviction--attach traffic convictions to judge's sentence (Substitute) (Judy--49th) SB 678 Corrections Department Peace Officer, Employee--exempt urine drug test (Amendments) (Corr--29th) 1196 JOURNAL OF THE SENATE SB 649 Civil Action Dismissal--when no written order taken for three years (S Judy--2nd) SB 614 Office of Fair Employment Practices--change name (Substitute) (S Judy--15th) SB 173 Airports--territorial restrictions for cities/counties (Substitute) (Trans--49th) SB 480 Financial Disclosure--prohibit certain honorariums exceeding expenses (Substi tute) (Ethics--56th) SB 634 Bicycles--prohibit child passenger under four years old (Substitute) (YA&HE--30th) SB 677 Health Insurance--payments to service provider (Substitute) (H&HS--22nd) SB 675 Juries--contempt powers of judge dealing with unexcused absentees (Judy--47th) SB 319 Food Caterers--revenue commissioner authorize alcoholic beverages (Substitute) (C Aff--23rd) SB 676 Controlled Substances Within Certain Distance of School--felony (Judy--47th) SB 665 Driving Under the Influence--provisions on driver's license suspension, plea of nolo contendere (Substitute) (Judy--49th) SB 688 Handicapped Parking--disabled occupy vehicle (YA&HE--7th) (Amendment) SB 714 Indigent Defense Funding Act--enact (Judy--2nd) SB 256 Employee Engaging in Lawful Activity Off Premises--no discrimination (Substi tute) (Amendments) (I&L--35th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 600. By Senators Dawkins of the 45th, Taylor of the 12th and Robinson of the 16th: A bill to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provisions relating to legislative findings and intent; to change the provisions relating to definitions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for actions when local governments fail to make certain payments; to provide for the use of bond proceeds. The Senate Committee on Finance and Public Utilities offered the following substitute to SB 600: A BILL To be entitled an Act to amend Chapter 26 of Title 50 of the Official Code of Georgia Annotated, the "Georgia Housing and Finance Authority Act," so as to change the provi sions relating to legislative findings and intent; to change the provisions relating to defini tions; to change the provisions relating to powers of the authority; to change the purpose for which bonds may be issued; to provide for actions when local governments fail to make certain payments; to provide for the use of bond proceeds; to provide for the powers of the authority regarding health care facilities; to exempt the authority from certain competitive bidding and other restrictions; to provide for the authority's responsibility with regard to obligations of the Hospital Financing Authority and its assets; to provide for construction; to provide for related matters; to specifically repeal Article 10 of Chapter 7 of Title 31 of the WEDNESDAY, FEBRUARY 26, 1992 1197 Official Code of Georgia Annotated, the "Hospital Financing Authority Act"; 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 26 of Title 50 of the Official Code of Georgia Annotated, the "Geor gia Housing and Finance Authority Act," is amended by striking Code Section 50-26-2, re lating to legislative findings, and inserting in its place a new Code section to read as follows: "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 improve or expand in the state, par ticularly those enterprises which desire to locate in the more rural areas of the stater; (3) There exists an inadequate supply of, and a pressing need for, financing and finan cial assistance for health equipment and facilities at lower than prevailing costs and a need to make this financing available to the largest number of hospitals feasible including, but not limited to, those hospitals which serve disproportionately high numbers of indigent pa tients; and (4) The credit and public finance market conditions require the exercise of the powers of the" state to assist certain local governments in the acquisition, construction, or equipping of public improvements by making funds available to local governments at reasonable rates of interesE (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 and health care; the elimination of the shortage of and the preservation of safe, decent, energy efficient, and affordable housing; and the elimination of the shortage of and the preservation of capital for housing finance. (c) The General Assembly finds that the public policies 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 local governments, for enterprises, for housing, and for housing finance, and for health facilities; and that all of the foregoing are public purposes and uses for which public moneys may be borrowed, expended, advanced, loaned, and granted. (d) It is the intent of the General Assembly to create an instrumentality that can facili tate economic development and, housing and housing finance, and financing for health facil ities 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 or financing for health facilities in this state on terms competitive with those available to businesses engaged in enterprises or available to those involved in housing or housing finance or the financing of health facili ties 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 or financing of health facilities. 1198 JOURNAL OF THE SENATE (f) It is further the intent of the General Assembly that the authority created by this chapter foster and promote the provision of adequate markets for borrowing money by local governments for the financing of their public improvements and, in particular, by those local governments not otherwise able to borrow readily for such purposes at reasonable rates of interest." ' Section 2. Said chapter is further amended by striking "and" after the semicolon in subparagraph (I) of paragraph (4) of Code Section 50-26-4, relating to definitions; by strik ing the period at the end of subparagraph (J) of paragraph (4) of Code Section 50-26-4 and inserting "; and" in its place; and by adding immediately thereafter a new subparagraph to read as follows: "(K) The costs of refinancing any obligation incurred to finance any of the costs listed in subparagraphs (A) through (J) of this paragraph." Section 3. Said chapter is further amended by inserting immediately following para graph (6) of Code Section 50-26-4, relating to definitions, a new paragraph to read as follows: "(6.5) 'Health facility' means any nonprofit health care facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of Title 31; owned or operated by a participating provider; and utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel." Section 4. Said chapter is further amended by striking paragraphs (11) and (12) of Code Section 50-26-4, relating to definitions, and inserting in their places new paragraphs to read as follows: "(11) 'Participating provider' means a nonprofit person, corporation, municipal corporation, public corporation, or political subdivision or other nonprofit entity, public or pri vate, which: (A) Is a hospital authority or is affiliated with a hospital authority organized and ex isting under the provisions of Article 4 of Chapter 7 of Title 31; or (B) Owns or operates, directly or indirectly, or is affiliated with, at least one nonprofit health facility which is licensed as a hospital by the Department of Human Resources under Article 1 of Chapter 7 of TifIe~3T and which contracts under this chapter with the authority for the financing, refinancing, lease, or other acquisition of a project. 4H} (12) 'Project' means a public improvement; housing and facilities used in connec tion therewith; housing finance; * facilities to be used by any enterprise other than those used in connection with the sale of goods at retail; or the acquisition, construction, or equip ping of a health facility. (13) 'Public improvement* means any equipment appurtenant to any capital facility financed by the authority or any facility for the acquisition or construction of which a local government may issue general obligation or revenue bonds under the laws of this stateT {13} (14) 'State' means the State of Georgia." Section 5. Said chapter is further amended by striking paragraph (11) of subsection (a) of Code Section 50-26-8, relating to powers of the authority, and inserting in its place a new paragraph to read as follows: "(11) To sell loans, mortgages and, security interests, and other obligations of the au thority at public or private sale; to negotiate modifications or alterations in mortgage-and loans, mortgages, security interests, and other obligations of the authority; to foreclose on any mortgage or security interest in default or commence any action to protect or enforce any right conferred upon it by any law, mortgage, security agreement, deed of trust, deed to secure debt, contract, or other agreement; to bid for and purchase property which was the subject of such loan, mortgage e* , security interest, or other obligation of the authority at WEDNESDAY, FEBRUARY 26, 1992 1199 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 contract for the benefit or protection of the authority or mortgage holders or holders of the authority's notes, bonds, or other obligations;". Section 6. Said chapter is further amended by striking the word "and" at the end of paragraph (30) of subsection (a) of Code Section 50-26-8, relating to powers of the authority; by striking the period and inserting a semicolon at the end of paragraph (31); and by adding new paragraphs to read as follows: "(32) To bid at competitive public sale for obligations of a local government issued for the purpose of financing a public improvement or to negotiate the purchase or sale of obli gations of a local government issued for the purpose of financing a public improvement, notwithstanding any other law to the contrary; (33) To lend money to a local government, either directly or through the purchase of obligations of a local government or the issuance or refinancing of obligations on behalf of a local government, and enter into such agreements with respect thereto as the authority deems appropriate, including a provision that on the failure of the local government to pay when due the principal of or interest on its obligation to the authority, the authority may without further action require the director of the Fiscal Division of the Department of Ad ministrative Services or require any other commissioner or head of any department or agency of the state to pay to the authority such amount of the next apportionment or distri bution of state revenues or other revenues collected by the state on behalf of that local government as that local government may thereafter become entitled to receive from the state and for which the Constitution does not direct the distribution of, until all delinquent payments, plus interest thereon at the rate agreed upon by the authority and the local gov ernment, have been paid; provided, however, that nothing in this chapter shall permit the authority to purchase a lease entered into by a local government under Code Section 36-6013; and (34) To make and execute contracts and all other instruments necessary or convenient for the performance of its duties and the exercise of its powers and functions under this chapter." Section 7. Said chapter is further amended by striking subsection (a) of Code Section 50-26-9, relating to authority to issue bonds, and inserting in its place a new subsection to read as follows: "(a) The authority may issue bonds for the purpose of facilitating economic develop ment; for the improvement of public health, safety, and welfare; and for other public pur poses through the provision of financing and financial assistance, either directly or indirectly 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) public improvements; -ft) (2) enterprises; {3H3) housing; (4) health facilities; and {#} (5) housing finance." Section 8. Said chapter is further amended by striking subsection (e) of Code Section 50-26-9, relating to authority to issue bonds, and inserting in its place a new subsection to read as follows: "(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. The state further agrees with the holders of any bonds issued by the authority for the benefit of one or more local governments that, if a local government 1200 JOURNAL OF THE SENATE fails to pay when due the principal of or interest on its obligation to the authority, the director of the Fiscal Division of the Department of Administrative Services or any other commissioner or head of any department or agency of the state will pay to the authority such amount of the next apportionment or distribution of state revenues or other revenues collected by the -state on behalf of that local government as that local government may thereafter become entitled to receive from the state and for which distribution is not di rected by the Constitution, until all delinquent payments, plus interest thereon at the rate agreed upon by the authority and the local government, have been paid." Section 9. Said chapter is further amended by striking subsection (d) of Code Section 50-26-10, relating to exemption of bond issuance from certain regulations, and inserting in its place a new subsection to read as follows: "(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 or any local government or instrumentality of a local government, whether or not such bonds or other obligations are then subject to redemption; and the authority may provide for such arrange ments as it may determine for the payment and security of the bonds being issued or for the payment and security of the bonds or other obligations to be paid off, refunded, or refinanced." Section 10. Said chapter is further amended by adding at the end thereof new Code sections to read as follows: "50-26-19. (a) The authority may initiate a program of financing the acquisition, con struction, and equipping of health care facilities in the state. In furtherance of this objec tive, the authority may also: (1) Establish eligibility standards for participating providers, provided that such stan dards shall encourage maximum feasible participation for participating providers serving disproportionately high numbers of indigent patients; (2) Contract with any entity securing the payment of bonds to authorize the entity to approve the participating providers that can finance or refinance a project with proceeds from the bond issue secured by that entity; (3) Lease to a participating provider specific projects upon terms and conditions that the authority considers proper, charge and collect rents therefor, terminate any such lease upon the failure of the lessee to comply with any of its obligations under the lease or other wise as the lease provides, and include in any such lease provisions that the lessee has the option to renew the term of the lease for such periods and at such rents as may be deter mined by the authority or to purchase any or all of the projects to which the lease applies; (4) Loan to a participating provider under any installment purchase contract or loan agreement money to finance, reimburse, or refinance the cost of specific projects and take back a secured or unsecured promissory note evidencing such a loan and security interest in the project financed or refinanced with such loan upon such terms and conditions as the authority considers proper; (5) Sell or otherwise dispose of any unneeded or obsolete projects under terms and conditions as determined by the authority; (6) Maintain, repair, replace, and otherwise improve or cause to be maintained, re paired, replaced, and otherwise improved a project owned by the authority; (7) Obtain or aid in obtaining property insurance on all projects owned or financed by the authority or accept payment if a project is damaged or destroyed; and WEDNESDAY, FEBRUARY 26, 1992 1201 (8) Enter into any agreement, contract, or other instrument with respect to any insur ance, guarantee, letter of credit, or other form of credit enhancement, accepting payment in such manner and form as provided therein if a participating provider defaults and assign any such insurance, guarantee, letter of credit, or other form of credit enhancement as se curity for bonds issued by the authority. (b) Before exercising any of the powers conferred by subsection (a) of this Code section, the authority may: (1) Require that the lease, installment purchase contract, or loan agreement involved be insured by a loan insurer, guaranteed by a loan guarantor, or secured by a letter of credit or other form of credit enhancement; and (2) Require any other type of security from the participating providers that it considers reasonable and necessary. (c) The authority may not finance a project for any participating provider unless the Health Planning Agency, or any successor thereof, has issued a certificate of need or compa rable certification of approval to the participating provider for the project to be financed by the Authority if the acquisition of such project by the participating provider would require a certificate of need or comparable certification of approval under Chapter 6 of Title 31. 50-26-20. A project financed under this chapter is not subject to any statutory require ment of competitive bidding or other restriction imposed on the procedure for award of contracts or the lease, sale, or other disposition of property with regard to any action taken under authority of this chapter. 50-26-21. The authority shall receive all assets of, and the authority shall be responsible for any contracts, leases, agreements, or other obligations of, the Hospital Financing Au thority created by Article 10 of Chapter 7 of Title 31. The authority is substituted as a party to any such contract, agreement, lease, or other obligation and is responsible for perform ance 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." Section 11. Nothing in this Act shall be construed to relieve any local government from referenda or other legal requirements otherwise required by law or by the state Constitution prior to the incurrence of debt by the local government with respect to any public improve ment financed through the authority. Section 12. Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Anno tated, the "Hospital Financing Authority Act," is repealed in its entirety. Section 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 14. All laws and parts of laws in conflict with this Act are repealed. Senator Phillips of the 9th and Edge of the 28th offered the following amendment: Amend the substitute to SB 600 offered by the Senate Committee on Finance and Pub lic Utilities by inserting at the end of line 17 of page 1 the following: "require that contracts with outside counsel and bonding houses be awarded on the basis of competitive bids; to". By striking the quotation marks on line 7 of page 13 and inserting between lines 7 and 8 on page 13 the following: "50-26-22. Contracts between the authority and outside counsel for legal work associ ated with issuing bonds and contracts between the authority and bonding houses or other bbuidsisn.'e"ss entities related to issuing bonds shall be awarded on the basis of competitive 1202 JOURNAL OF THE SENATE Senator Edge of the 28th asked unanimous consent to withdraw the amendment offered by Senators Phillips of the 9th and Edge of the 28th to the substitute to SB 600 offered by the Senate Committee on Finance and Public Utilities; the consent was granted, and the amendment was withdrawn. Senator Alien of the 2nd offered the following amendment: Amend the substitute to SB 600 offered by the Senate Committee on Finance and Pub lic Utilities as follows: On page 7, line 15, after the word "its", strike the word "obligation" and insert in lieu thereof the following: "general obligation bonds sold" On page 9, line 9, after the word "its", strike the word "obligation" and insert in lieu thereof the following: "general obligation bonds sold" By deleting on page 7, lines 8 through 11, which read as follows: (33) To lend money to a local government either directly or through the purchase of obligations of a local government or the issuance or refinancing of obligations on behalf of a local government, and enter and inserting in lieu thereof the following: (33) To purchase bonds of a local government or refunding bonds of a local government, and enter On page 4, line 10, after the words "local governments", insert the following: "without bond credit ratings by nationally recognized bond rating firms and" On page 10, line 26, after the word "patients", insert the following: "and further provided that such participating providers are without bond credit ratings from nationally recognized bond rating firms" Senator Alien of the 2nd asked unanimous consent to withdraw his amendment offered to the substitute to SB 600 offered by the Senate Committee on Finance and Public Utili ties; the consent was granted, and the amendment was withdrawn. Senator Phillips of the 9th offered the following amendment: Amend the substitute to SB 600 offered by the Senate Committee on Finance and Pub lic Utilities by inserting on line 9 of page 13 between the word "government" and the word "from" the following: ", including any county, municipality, or local school board,". Senator Phillips of the 9th asked unanimous consent to withdraw his amendment of fered to the substitute to SB 600 offered by the Senate Committee on Finance and Public Utilities; the consent was granted, and the amendment was withdrawn. Senator Edge of the 28th offered the following amendment: Amend the substitute to SB 600 offered by the Senate Committee on Finance and Pub lic Utilities by striking lines 8 through 11 of page 7 and inserting the following: "(33) To purchase bonds of a local government or refund bonds of a local government, and enter". WEDNESDAY, FEBRUARY 26, 1992 1203 On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 41, nays 0, and the amendment was adopted. Senator Phillips of the 9th offered the following amendment: Amend the substitute to SB 600 offered by the Senate Committee on Finance and Pub lic Utilities by inserting at the end of Line 13 of Page 13, the following: "No contract between a local government and the authority which authorizes the levy ing of taxes by such local government shall be enforceable without the assent of a majority of the qualified voters of such local government voting in an election held for that purpose." 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 Alien CBoulrltionns Deal Echols Edge Egan NFoeswtebrill Perry Phillips Ramsey Steinberg ,,T,hompson Tysinger White Those voting in the negative were Senators: Baldwin Bishop Bowen Broun of 46th Brown of 26th Coleman Dawkins Dean English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Pollard Ragan of 10th Ray Robinson Scott Starr Tate Taylor Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Clay Ragan of 32nd Shumake On the adoption of the amendment offered by Senator Phillips of the 9th, the yeas were 17, nays 36, and the amendment was lost. On the adoption of the substitute, the yeas were 37, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th 1204 JOURNAL OF THE SENATE Brown of 26th Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Pollard Ragan of 10th Those voting in the negative were Senators: Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Burton Egan Newbill Phillips Ragan of 32nd Thompson Not voting were Senators Clay and Shumake. On the passage of the bill, the yeas were 48, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Walker of the 43rd introduced the doctor of the day, Dr. Robert Kaufman, of Atlanta, Georgia. The following local bill of the House was taken up for the purpose of considering the House action thereon: HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. Senator Perdue of the 18th moved that the Senate adhere to the Senate substitute to HB 1254, and that a Conference Committee be appointed. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1254. The President appointed as a Conference Committee on the part of the Senate the following: Senators Perdue of the 18th, Hill of the 4th and Robinson of the 16th. WEDNESDAY, FEBRUARY 26, 1992 1205 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1263. By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th, Orr of the 9th, Colwell of the 4th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide for the return for taxation of boats in the county in which such boat is located. The following bill of the House was read the first time and referred to committee: HB 1263. By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide for the return for taxation of boats in the county in which such boat is located. Referred to Committee on Finance and Public Utilities. The President announced that the Senate would stand in recess from 12:12 o'clock P.M. until 1:35 o'clock P.M. At 1:35 o'clock P.M., the President called the Senate to order. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 482. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others: A bill to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to prohibit the appointment or employment of certain persons who are related by blood or marriage to the employer; to provide for a definition; to provide for applicability; to provide for a penalty. The Senate Committee on Ethics offered the following substitute to SB 482: A BILL To be entitled an Act to amend Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, so as to prohibit the appointment or employment of certain persons who are related by blood or marriage to the employer; to provide for a definition; to provide for applicability; to provide for a penalty; to authorize a state department or agency to adopt more restrictive rules or regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 11 of Title 45 of the Official Code of Georgia Annotated, relating to miscellaneous offenses concerning public officers and employees, is amended by adding at 1206 JOURNAL OF THE SENATE the end thereof a new Code section, to be designated Code Section 45-11-11, to read as follows: "45-11-11. (a) As used in this Code section, the term: (1) 'Public office' means any branch, department, board, bureau, commission, authority, or other agency of the state. (2) 'Public officer' means any person elected, appointed, or selected in any manner whatsoever to any public office of the state. (3) 'Related by blood or marriage' means related in one or more of the following degrees: (A) Mother or mother-in-law; (B) Father or father-in-law; (C) Sister or sister-in-law; (D) Brother or brother-in-law; (E) Grandmother or grandmother by marriage; (F) Grandfather or grandfather by marriage; (G) Son or son-in-law; (H) Daughter or daughter-in-law; (I) Granddaughter; or (J) Grandson; provided, however, that the granting of a divorce shall terminate all relationship by mar riage for applicability purposes of this Code section. (b) It shall be unlawful for any public officer to appoint or employ, as an officer, clerk, stenographer, deputy, or assistant who is to be paid out of the public funds, any person related by blood or marriage to the person having the authority to make such appointment or contract such employment as employer. This subsection shall only apply to persons ap pointed or employed on or after July 1, 1992. (c) This Code section shall not apply to: (1) Any employee who shall have been in such department or institution prior to the time his or her relation by blood or marriage became the head of such department or insti tution; or (2) Any child serving as a page of the General Assembly during the school year, either at regular or special sessions. (d) Any public officer who knowingly fails to comply with or who knowingly violates this Code section shall be guilty of a misdemeanor on the first offense and upon the second or subsequent offense 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 not to exceed $5,000.00, or both. (e) A state department or agency shall not be prohibited from adopting and enforcing a rule or regulation that is more restrictive than the prohibition contained in this Code section." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Newbill of the 56th offered the following amendment- Amend the substitute to SB 482 offered by the Senate Committee on Ethics by striking on line 3, page 3, the following: "state department or agency" WEDNESDAY, FEBRUARY 26, 1992 1207 and inserting "public office". On the adoption of the amendment, the yeas were 31, nays 2, and the amendment was adopted. On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative was Senator Kidd. Those not voting were Senators: Foster Langford Robinson Shumake Walker of 43rd On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 664. By Senators Deal of the 49th and Pollard of the 24th: A bill to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the de fendant's record of convictions for traffic offenses to the judge's sentence or judgment. 1208 JOURNAL OF THE SENATE The Senate Judiciary Committee offered the following substitute to SB 664: A BILL To be entitled an Act to amend Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, so as to provide that in any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the defendant's record of convictions for traffic offenses to the judge's sentence or judgment and transmit a copy of the defendant's record of convictions for traffic offenses to the convicted person's motor vehicle insurance company; to authorize certain additional court costs; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 40-6-391 of the Official Code of Georgia Annotated, relating to the offense of driving under the influence of alcohol or drugs, is amended by adding follow ing subsection (k) a new subsection (1) to read as follows: "(1) In any case where a person is convicted of the offense of driving under the influence of alcohol or drugs, the court shall attach a copy of the defendant's record of convictions for traffic offenses to the judge's sentence or judgment and transmit by mail or electronic means a copy of the defendant's record of convictions for traffic offenses to the convicted person's motor vehicle insurance company. The cost to the court of providing such copies to the convicted person's motor vehicle insurance company shall be assessed to that person as an additional court cost." Section 2. All laws and part of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Voting in the negative was Senator Kidd. WEDNESDAY, FEBRUARY 26, 1992 1209 Those not voting were Senators: Coleman Hasty Johnson Robinson Shumake Tate Walker of 43rd On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 678. By Senator Baldwin of the 29th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Department of Correc tions or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons. The Senate Committee on Corrections offered the following amendment: Amend SB 678 by striking on line 10 of page 2 the following: "The Department of Corrections or the", and inserting in lieu thereof the word "The". On the adoption of the amendment, the yeas were 37, nays 1, and the amendment was adopted. Senator Deal of the 49th offered the following amendment: Amend SB 678 by adding in the title on line 10 of page 1 between the semicolon and the word "to" the following: "to provide for most favorable pricing;". By striking the quotation marks at the end of line 18 on page 2. By adding between lines 18 and 19 on page 2 the following: "(c) Notwithstanding any other provisions of law to the contrary, any manufacturer or distributor of pharmaceutical products, diagnostic products, equipment, or reagents em ployed in the performance of such urine screen tests shall sell to the person, corporation, department, judicial agency, law enforcement agency, or governmental agency administering such tests those products, equipment, or reagents at the lowest or most favorable pricing arrangements available to any purchaser, be it foreign, domestic, public, private, govern mental, or nonprofit.'" Senator Deal of the 49th asked unanimous consent to withdraw his amendment to SB 678; the consent was granted, and the amendment was withdrawn. 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 of 46th Brown of 26th Burton Clay Collins Dean Echols Edge Egan Foster Garner Gillis Hammill 1210 JOURNAL OF THE SENATE Harris Hasty Henson H'11 Langford Marable Moye Newbill Perdue Perry Phillips Pollard RaganoflOth Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Thompson Timmons Turner Tysmger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Dawkins Deal Taylor Those not voting were Senators: Coleman English Robinson Shumake On the passage of the bill, the yeas were 49, nays 3. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1212. By Representatives Alford of the 57th, Baker of the 51st, Oliver of the 53rd, Redding of the 50th, Valenti of the 52nd and others: A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the county and municipal hotel-motel tax, so as to provide that said tax shall apply to rooms, lodgings, or accommodations furnished to the public by the Stone Mountain Memorial Association, the Jekyll Island--State Park Au thority, and the Lake Lanier Islands Development Authority and to persons, firms, or corporations furnishing such rooms. HB 353. By Representative Poston of the 2nd: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that attendance officers shall be members of the retirement system. The following bills of the House were read the first time and referred to committees: HB 353. By Representative Poston of the 2nd: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that attendance officers shall be members of the retirement system. Referred to Committee on Retirement. WEDNESDAY, FEBRUARY 26, 1992 1211 HB 1212. By Representatives Alford of the 57th, Baker of the 51st, Oliver of the 53rd and others: A bill to amend Code Section 48-13-51 of the Official Code of Georgia Annotated, relating to the county and municipal hotel-motel tax, so as to provide that said tax shall apply to rooms, lodgings, or accommodations furnished to the public by the Stone Mountain Memorial Association, the Jekyll Island--State Park Au thority, and the Lake Lanier Islands Development Authority and to persons, firms, or corporations furnishing such rooms. Referred to Committee on Finance and Public Utilities. The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 649. By Senator Alien of the 2nd: A bill to amend Code Section 9-11-41 of the Official Code of Georgia Annotated, relating to dismissal of civil actions, so as to provide that an action in which no written order is taken for a period of three years shall automatically stand dis missed; to provide for related matters; to provide an effective date; to provide for applicability. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis 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 Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Coleman English Hammill Shumake On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. 1212 JOURNAL OF THE SENATE SB 614. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the name of the Office of Fair Employment Practices to the "Commission on Equal Opportunity"; to change the name of the Fair Employment Practices Board to the "Board of Commissioners of the Commission on Equal Opportu nity"; to provide for divisions within the Commission on Equal Opportunity. The Senate Committee on Special Judiciary offered the following substitute to SB 614: A BILL To be entitled an Act to amend Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," so as to change the name of the Office of Fair Employment Practices to the "Commission on Equal Opportunity"; to change the name of the Fair Employment Practices Board to the "Board of Commissioners of the Commission on Equal Opportunity"; to change certain provisions relating to the composition of the board; to provide for divisions within the Commission on Equal Opportunity; to change certain provisions relating to the compensation of members of the Board of Commissioners of the Commission on Equal Opportunity; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 19 of Title 45 of the Official Code of Georgia Annotated, known as the "Fair Employment Practices Act of 1978," is amended by striking in their entirety paragraphs (1) and (2) of Code Section 45-19-22, relating to definitions, and in serting in lieu thereof new paragraphs (1) and (2) to read as follows: "(1) 'Administrator' means the administrator of the Office of Fair Employment PMC tiees Commission on Equal Opportunity provided for by Code Section 45-19-24, which agency is comprised of an Equal Employment Division and a Fair Housing Division. (2) 'Board' means the Fair Employment Practices Board of Commissioners of the Com mission on Equal Opportunity created by Code Section 45-19-23." Section 2. Said article is further amended by striking in its entirety Code Section 45-1923, relating to the creation of the former Fair Employment Practices Board, and inserting in lieu thereof a new Code Section 45-19-23 to read as follows: "45-19-23. (a) A Fair Employment Pfactieco Board of Commissioners of the Commis sion on Equal Opportunity is created. The board shall consist of nine persons. Subject to confirmation by the Senate, the members of the board shall be appointed by the Governor for three-year terms, except as otherwise provided in this subsection. Of the Governor's initial appointments, three shall be for one-year terms, three shall be for two-year terms, and three shall be for three-year terms. In the event of a vacancy during the term of any member appointed by the Governor whether by reason of death, resignation, or otherwise, the appointment of a successor by the Governor shall be only for the remainder of the unexpired term. The membership of the board shall be representative of a fair and reasona ble cross section of the population of the state and one-third of the members shall have experience in labor or Title VII law enforcement^ or other legal human rights experience; provided, however, that after July 1, 1993, at least three members of the board shall be representative of or have a background in realty, apartment management, or the building and contracting industry! (b) The board shall annually elect a chair and such other officers as it deems appropri ate and shall meet at least three times a year at a time and place specified in writing by the administrator. The board may also meet from time to time upon its own motion, as deemed necessary by a majority of the members thereof, for the purpose of conducting routine or special business. Each member of the board shall serve without pay; but the members who WEDNESDAY, FEBRUARY 26, 1992 1213 are not otherwise state officials or employees shall, while engaged in the official duties of the board, receive a per diem of $44.00 for each day said members arc engaged in their official duties plua the legal mileage allowance authorized for state employcco for the uoc of their personal automobilco while engaged in the official duties of the board the same expense allowance and travel cost reimbursement which members of certain boards and commissions receive pursuant to Code Section 45-7-21. (c) The board shall make a written report to the Governor and to the General Assembly by December 31 of each year. Such report shall advise the Governor and the members of the General Assembly of the board's activities and the administration of this article and shall make such recommendation for change, if any, as the board deems proper. (d) The board shall assist the administrator of the Office of Fair Employment Practices Commission on Equal Opportunity in an advisory capacity in carrying out the duties and functions of the office including but not limited to matters relating to fair employment prac tices and the effectiveness of the state programs and operations. (e) The board shall establish and certify to the Governor at the beginning of each fiscal year a list of not less than 12 persons, including females and minorities, licensed to practice law in Georgia, who have experience in labor law, in employment law, or administrative law, from which list the Governor may select, on the basis of rotation in sequential order, special masters as provided for in Code Section 45-19-37. The board may from time to time certify to the Governor additional persons to be added to the aforementioned list." Section 3. Said article is further amended by striking in its entirety Code Section 45-1924, relating to the creation of the former Office of Fair Employment Practices, and inserting in lieu thereof a new Code Section 45-19-24 to read as follows: "45-19-24. There is created the Office of Fair Employment Practices Commission on Equal Opportunity. The Governor shall appoint an administrator of the Office of Fair Eploymcnt Practices Commission on Equal Opportunity who shall serve at the pleasure of the Governor. The Office of Fair Employment Practices Commission on Equal Opportunity shall be attached to the office of the Governor for administrative purposes only. The ConT mission on Equal Opportunity shall have an Equal Employment Division to assist"the ad ministrator in carrying out the provisions of this article." Section 4. Said article is further amended by striking in its entirety paragraph (13) of Code Section 45-19-27, relating to additional powers and duties of the administrator, and inserting in lieu thereof a new paragraph (13) to read as follows: "(13) To make provision for technical and clerical assistance to the Fair Employment Practices Board of Commissioners of the Commission on Equal Opportunity;". 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 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 of 46th Brown of 26th Burton Clay Collins Dawkins Deal 1214 JOURNAL OF THE SENATE Dean Echols English Foster arner Huggins Johnson 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: Coleman Edge Egan Gillis Hammill Henson Shumake On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bill of the Senate, having been read the third time on January 13, 1992, and committed to the Senate Committee on Transportation, and favorably reported by the committee, was put upon its passage: SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning prop erty for, or operating, an airport outside their territorial boundaries except with the consent of the governing authority of the county, city, or other political sub division wherein the airport is to be located. The Senate Committee on Transportation offered the following substitute to SB 173: A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports by municipalities, counties, and other political subdivisions, so as to prohibit extraterritorial condemnation of property for an airport by a municipality, county, or other political subdi vision without the consent of the governing authority of the municipality or county wherein the property is located or of the General Assembly; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports by municipalities, coun ties, and other political subdivisions, is amended by striking Code Section 6-3-22, relating to WEDNESDAY, FEBRUARY 26, 1992 1215 methods of acquisition of property for airports and landing fields, in its entirety and in serting in lieu thereof a new Code Section 6-3-22 to read as follows: "6-3-22. Private property needed by a county, municipality, or other political subdivi sion for an airport or landing field or for the expansion of an airport or landing field may be acquired by grant, purchase, lease, or other means, if such county, municipality, or other political subdivision is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which the county, municipality, or other political subdivision is authorized to acquire real property for public purposes; provided, however, that the power of condemnation may be exercised extraterritorially only"with the consent of the governing authority of the county, municipal ity, or other political subdivision wherein the property is located, as expressed in a resolu tion adopted by such governing authority, or with the consent of the General Assembly, as expressed in a general law enacted by the General Assembly, after refusal of such consent by the governing authority of the county, municipality, or other political subdivision wherein the property is located^" Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey fjav Robinson Starr Steinbere ,,, i, , laylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Echols Gillis Scott Shumake Timmons On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. 1216 JOURNAL OF THE SENATE The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 480. By Senators Newbill of the 56th, Collins of the 17th, Clay of the 37th and others: A bill to amend Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, so as to prohibit members of the General Assembly or public officers elected statewide from accepting cer tain honorariums or monetary fees which exceed actual expenses incurred. The Senate Committee on Ethics offered the following substitute to SB 480: A BILL To be entitled an Act to amend Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, so as to prohibit members of the General Assembly or public officers elected state wide from accepting certain honorari ums, fees, or anything of value in excess of $50.00; to authorize reimbursement for actual expenses incurred; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to financial disclosure statements, is amended by adding a new Code section at the end thereof, to be designated Code Section 21-5-54, to read as follows: "21-5-54. (a) No member of the General Assembly or public officer elected state wide shall accept a monetary honorarium for such member's or public officer's participation in a speaking engagement, seminar or discussion panel, or other similar activity; provided, how ever, that such member or public officer may receive reimbursement of actual expenses in curred from such participation. This Code section shall only apply with respect to speaking engagements, seminars or discussion panels, or other similar activities which directly relate to the official duties of the public officer or the office of the public officer. (b) No member of the General Assembly or public officer elected state wide shall accept any thing of value which would induce the reasonable belief that the giving of such thing will influence the performance of his or her official action. The following are presumed not to constitute a thing of value that would influence the performance of official action: (1) Food or beverages consumed at a single meal or event; (2) A gift with a value of less than $50.00 or any gift with a value exceeding $50.00 if reported as required by a lobbyist disclosure statute; and (3) An award, plaque, certificate, memento, or similar item given in recognition of the recipient's civic, charitable, or professional service." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senators Langford of the 35th, Newbill of the 56th and Walker of the 43rd offered the following amendment: Amend the substitute to SB 480 offered by the Senate Committee on Ethics by in serting on line 6 of page 1, immediately after the following: "$50.00;", the following: "to provide for exceptions;". By striking lines 22 to 26 of page 1 and inserting the following: "from such participation. This Code section shall not apply with respect to speaking WEDNESDAY, FEBRUARY 26, 1992 1217 engagements, seminars or discussion panels, or other similar activities which focus on a sub ject or theme unrelated to the official duties of the public officer or the office of the public officer, and which are only incidentally related to such duties or office.". Senator Walker of the 22nd moved that SB 480 be committed to the Senate Committee on Ethics. On the motion, the President ordered a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Bishop Brown of 26th Coleman Echols English Foster Garner Hammill Harris Henson Hooks Kidd Langford Marable Moye Perry Ragan of 10th Ray Scott Tate Turner Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Baldwin Broun of 46th Burton Clay Collins Dawkins Deal Dean Edge Hasty Hill Huggins Johnson Newbill Perdue Phillips Pollard Ragan of 32nd Ramsey Robinson Starr ,,. Taylor Thompson Tysinger White Those not voting were Senators: Bowen Egan Gillis Shumake Steinberg Timmons On the motion, the yeas were 24, nays 26; the motion was lost, and SB 480 was not committed to the Senate Committee on Ethics. Senator Walker of the 22nd moved that SB 480 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: Alien Baldwin Bishop Coleman Dean Echols English Foster Garner Hammill Harris Hooks Kidd Langford Marable Moye Perry Ragan of 10th Ray Scott Tate Turner Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Broun of 46th Brown of 26th 1218 JOURNAL OF THE SENATE Burton Clay Collins Dawkins Deal Edge Egan Hasty Henson Hill Huggins Johnson Newbill Perdue Phillips Pollard Ragan of 32nd Ramsey Robinson Starr Steinberg Thompson Tysinger White Those not voting were Senators: Bowen Gillis Shumake Taylor Timmons On the motion, the yeas were 24, nays 27; the motion was lost, and SB 480 was not placed on the Table. On the adoption of the amendment offered by Senators Langford of the 35th, Newbill of the 56th and Walker of the 43rd to the substitute to SB 480 offered by the Senate Com mittee on Ethics, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton CCloalyeman Collins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks HKuidgdgins Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr SStteerinobbeerrge i," , Z>ylor Inompson Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Dawkins and Johnson. Those not voting were Senators: Bowen Gillis Shumake Timmons On the adoption of the amendment, the yeas were 50, nays 2, and the amendment of fered by Senators Langford of the 35th, Newbill of the 56th and Walker of the 43rd to the substitute to SB 480 offered by the Senate Committee on Ethics was adopted. On the adoption of the substitute, the yeas were 40, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. WEDNESDAY, FEBRUARY 26, 1992 1219 On 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 of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Alien Kidd Brown of 26th Walker of 43rd Those not voting were Senators: Bowen Gillis Scott Shumake Timmons On the passage of the bill, the yeas were 47, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Newbill of the 56th moved that SB 480 be immediately transmitted to the House. Senator Walker of the 22nd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 480. Pursuant to Senate Rule 94, the motion offered by Senator Walker of the 22nd takes precedence and has the effect of defeating the motion offered by Senator Newbill of the 56th. Senator Phillips of the 9th gave notice that, at the proper time, he would move that the Senate reconsider its action previously today in passing the following bill of the Senate: SB 678. By Senator Baldwin of the 29th: A bill to amend Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to general provisions concerning penal institutions, so as to provide that any peace officer, probation officer, or employee of the Department of Correc tions or other public agency who is certified by his or her supervising agency shall be exempt from certain provisions of the law for the limited purposes of administering a urine screen drug test to certain persons. 1220 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 260. By Senators Deal of the 49th and Kidd of the 25th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that all hearings involving delin quency shall be open to the public; to provide that certain other hearings shall be closed to the public; to change the provisions relating to juvenile law enforcement records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such finger prints, photographs, and records related thereto. The House substitute to SB 260 was as follows: A BILL To be entitled an Act to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide that certain hearings involving delinquency may be open to the public by the judge of the juvenile court; to pro vide that certain other hearings shall be closed to the public; to change the provisions relat ing to juvenile law enforcement and court records and inspection thereof; to change the provisions relating to when a child may be fingerprinted or photographed and the use and retention of such fingerprints, photographs, and records related thereto; to change the provi sions relating to sealing of records; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, is amended by striking subsection (c) of Code Section 1511-28, relating to conduct of hearings, recordation, and exclusions from hearings, and in serting in lieu thereof a new subsection (c) to read as follows: "(c) (1) Upon petition to the judge of the juvenile court, the judge, acting in his or her sole discretion, may open to the public any hearing which: (A) Involves delinquency; (B) Involves a child who is over 13 years of age; and (C) Involves an offense which would be a felony if committed by an adult or involves a second or subsequent delinquent act. (2) The general public shall be excluded from hearings involving delinquency, deprivationfof unruliness,:-9ily and only the parties, their counsel, witnesses, persons accompany ing a party for his assistance, and any other persons as the court finds have a proper interest in the proceeding or in the work of the court may be admitted by the court to hearings involving deprivation or unruliness. The court may temporarily exclude the child from the hearing except while allegations of his delinquency or unruly conduct are being heard." Section 2. Said chapter is further amended by striking Code Section 15-11-59, relating to juvenile law enforcement records, and inserting in lieu thereof a new Code Section 15-1159 to read as follows: "15-11-59. (a) Law enforcement and court records and files concerning a child shall be kept separate from the records and files of arrests of adults. (b) Unless a charge of delinquency is transferred for criminal prosecution under Code Section 15-11-39, or the interest of national security requires, or the court otherwise orders in the interest of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public, provided that any complaint, order, petition, or incident report created on or after July 1, 1991, relating to any charge of delinquency shall be open to public inspection and disclosure to the public if the judge of the juvenile WEDNESDAY, FEBRUARY 26, 1992 1221 court has opened the hearing on such delinquency to the public as provided in paragraph (1) of subsection (c) of Code Section 15-ll:2l (c) With the consent of the court, inspection of the records and files which are not otherwise open to public inspection is permitted by: (1) A juvenile court having the child before it in any proceeding; (2) The juvenile, the juvenile's parents, guardians, or guardian ad litem; {2} (3) Counsel for a party to the proceedings; {3} (4) The officers of public institutions or agencies to whom the child is committed; {4} (5) feaw Local, state, and federal law enforcement officers of other juriadictiona when necessary~for the discharge of their official duties; {6} (6) A court in which the child is convicted of a criminal offense, for the purpose of a presentence report or other dispositional proceeding; (7) A court appointed special advocate; 46}(8) Officials of penal institutions and other penal facilities to which the child is committedfor {?} (9) A parole board in considering the child's parole or discharge or in exercising supervision over the child. (d) The court and law enforcement officers shall allow authorized representatives of the Department of Human Resources, the Department of Corrections, and the Council of Juve nile Court Judges to inspect and copy law enforcement and court records for the purpose of obtaining statistics on juveniles. The judge may permit authorized representatives of recog nized organizations compiling statistics for proper purposes to inspect and make abstracts from such records under whatever conditions on their use and distribution the judge may deem proper and the judge may punish by contempt any violation of those conditions." Section 3. Said chapter is further amended by striking Code Section 15-11-60, relating to when a child may be fingerprinted or photographed, and inserting in lieu thereof a new Code Section 15-11-60 to read as follows: "15-11-60. (a) No child under 13 years of age shall be fingerprinted or photographed in the investigation of a crime except as provided in this Code section. Fingerprints and photo graphs of a child 13 or 14 years of age or older who is referred to the court may shall be taken and filed by law enforcement officers and fingerprints of a child 16 or more years of age who is referred to the court shall be taken and filed by law enforcement officers in investigating the commission of the Crimea of murder, voluntary manslaughter, involuntary manslaughter, rape, robbery, armed robbery, aggravated assault, aggravated battcryr-bwglary, and motor vehicle theft a felony. (b) Fingerprint and photograph files of children shall be kept separate from those of adults. Copies of fingerprints known to be those of a child shall be maintained on a local basis-only and shall not be sent to a central state of federal depository unless needed in the intcrcat of national accufity. (c) Fingerprint and photograph files of children may be inspected by law enforcement officers when necessary for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest. Fingerprint and photograph files may not be disseminated beyond the State of Georgia without prior authorization of the court in which they originated. (d) Upon application of the child, fingerprints and photographs of a child shall be re moved from the file and destroyed if: (1) A petition alleging delinquency is not filed, er the proceedings are dismissed, after either a petition ia filed or the case is transferred to the juvenile court aa provided in Code 1222 JOURNAL OF THE SENATE Section 16-11-13, or the child ia adjudicated not to be a delinquent child or the child is adjudicated not to be a delinquent child; or (2) The child reaches 21 years of age and there is no record that he committed a crimi nal offense after reaching K> 17 years of age. (e) If latent fingerprints are found during the investigation of an offense and a law enforcement officer has probable cause to believe that they are those of a particular child, he may fingerprint the child regardless of age or offense for purposes of immediate comparison with the latent fingerprints. If the comparison is negative, the fingerprint card and other copies of the fingerprints taken shall be immediately destroyed. If the comparison is positive and the child is referred to the court, the fingerprint card and other copies of the finger prints taken shall be delivered to the court for disposition. If the child is not referred to the court, the fingcfprinto ahall be immediately destroyed retained by law enforcement authorities. (f) Without the consent of the judge, a child shall not be photographed after he is taken into custody unless the case is transferred to another court for prosecution. (g) (1) The name or picture of any child under the jurisdiction of the court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court. (2) It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time. No person, firm, or corporation shall be guilty of any offense by making public the name or picture of any such child." Section 4. Said chapter is further amended by striking Code Section 15-11-61, relating to sealing of records, in its entirety and inserting in lieu thereof a new Code Section 15-1161 to read as follows: "15-11-61. (a) On application Upon the written request of a person who has been adju dicated delinquent or unruly or upon the written request of such person's parent or guard ian or on the court's own motion, and after a hearing, the court shall order the sealing or purging of the files and records in the proceeding, including those specified in Code Sections 15-11-59 and 15-11-60 but excluding files and records relating to any designated felony act committed after July 1, 1991, if the hearing on such designated felony act is opened to the public by the judge of the juvenile court under paragraph (1) of subsection (c) of Code Section 15-11-28 and excluding records and cards related to latent fingerprints where a com parison under subsection (e) of Code Section 15-11-60 is positive, if the court finds that: (1) Two years have elapsed since the final discharge of the person; (2) Since the final discharge of the person, he has not been convicted of a felony or of a misdemeanor involving moral turpitude or adjudicated a delinquent or unruly child and no proceeding is pending against him seeking conviction or adjudication; and (3) He has been rehabilitated. (b) Reasonable notice of the hearing shall be given to: (1) The district attorney; (2) The authority granting the discharge if the final discharge was from an institution or from parole; and (3) The law enforcement officers or department having custody of the files and records if the files and records specified in Code Sections 15-11-59 and 15-11-60 are included in the application or motion. (c) Upon the entry of the order the proceeding shall be treated as if it had never oc curred. All index references shall be deleted and the person, the court, the law enforcement officers, and the departments shall properly reply that no record exists with respect to the person upon inquiry in any matter. Copies of the order shall be sent to each agency or WEDNESDAY, FEBRUARY 26, 1992 1223 official therein named. Inspection of the sealed files and records thereafter may be permit ted by an order of the court upon petition by the person who is the subject of the records and only by those persons named in the order. (d) Notwithstanding the provisions of subsection (a) of this Code section, the court shalfpurge the files and records of any proceeding on any petition alleging that a child is delinquent or unruly if the child is adjudicated not to be delinquent or unruly or if the petition is dismissed. (e) The judge before whom the petition alleging delinquency or unruliness is heard shall in writing inform the juvenile and his legal counsel of the provisions of this Code section." Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Deal of the 49th moved that the Senate disagree to the House substitute to SB 260. On the motion, the yeas were 37, nays 0; the motion prevailed, and the Senate disagreed to the House substitute to SB 260. The following local bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 659. By Senator Baldwin of the 29th: A bill to amend an Act creating a Board of Commissioners for Troup County, as amended, so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commissioners cur rently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval. The House substitute to SB 659 was as follows: A BILL To be entitled an Act to amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4598), so as to provide new commissioner districts; to provide for definitions and insertions; to provide for the continuation in office of commis sioners currently serving and for the election of successors; to provide for submission of this Act to the United States Attorney General for approval; to provide for conditions for auto matic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4598), is amended by striking in their entireties subsections (a) and (b) of Section 2 and inserting in lieu thereof, respectively, the following: "(a) For the purpose of electing the members of the Board of Commissioners, there shall be five commissioner districts as follows: Commissioner District No. 1 shall consist of the entire County of Troup. Commissioner District No. 2 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0003 LAGRANGE THREE (Part) Tract: 9604. Block(s): 101, 120, 122, 123 Tract: 9605. Block(s): 105, 106, 107, 108, 109, 110, 111, 112, 113, 114A, 114B, 115, 116, 117, 1224 JOURNAL OF THE SENATE 118, 119, 120, 121, 122, 133, 134, 135, 136, 137, 138A, 138B, 139, 140, 141B, 142, 143, 144B, 164A, 196A, 196B, 196C, 197, 201, 202, 203A, 203B, 204, 205A, 205B, 205C, 205D, 205E, 206C, 208A, 208B, 209, 210, 211, 220B, 221, 301B, 301C, 301D, 301F, 301G, 301H, SOU, 303A, 303B, 307, 308 Tract: 9606. Block(s): 112A VTD: 0006 HOGANSVILLE VTD: 0008 ROUGH EDGE VTD: 0009 MOUNTVILLE VTD: 0010 MCLENDON (Part) Tract: 9601. Block(s): 202, 501, 502, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 524, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 563, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 589, 590, 593, 594, 595, 596, 597 Tract: 9602. Block(s): 101, 102, 105, 106, 107, 108, 112, 114, 115, 116, 123, 124, 125, 128, 141, 142, 143 VTD: 0015 HIGHLANDS (Part) Tract: 9607. Block(s): 301, 302, 303, 304, 305, 323, 324, 325, 326, 327, 328, 329, 330, 331, 333, 334, 420A, 420B, 420C, 501 Commissioner District No. 3 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9609. Block(s): 513C VTD: 0005 WEST POINT VTD: 0007 EAST VERNON (Part) Tract: 9603. Block(s): 203, 204, 206, 207, 228A, 234, 235, 236, 301, 302, 303, 304, 305, 306A, 306B, 307A, 307B, 308, 309, 310, 311, 312A, 312B, 312C, 312D, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331 Tract: 9609. Block(s): 401A, 401B, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 427, 428, 433, 434, 518B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 701, 702, 703, 704, 705, 707, 708, 709, 710, 711, 712, 713, 715, 737, 738, 739, 740 VTD: 0010 MCLENDON (Part) Tract: 9602. Block(s): 103, 104, 109, 110, 111, 113, 117, 118, 119, 120, 121, 122, 126, 127, 129, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279 VTD: 0011 LONG CANE VTD: 0012 WEST VERNON VTD: 0013 GRAY HILL Commissioner District No. 4 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0001 LAGRANGE ONE VTD: 0002 LAGRANGE TWO (Part) Tract: 9608. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 129, 130, 131, 132, 133, 134, 203, 204, 205, 206, 212, 213, 214, 215, 216, 217, 225, 226, 227, 228, 229, 306, 307, 308, 309, 310, 311, 312, 316, 317, 319, 320, 321, 322, 323, 401, 402, 403, 425, 426, 427, 428, 429, 430, 431, 437, 438 WEDNESDAY, FEBRUARY 26, 1992 1225 Tract: 9609. Block(s): 301, 302 VTD: 0003 LAGRANGE THREE (Part) Tract: 9605. Block(s): 144A, 145, 146, 147, 148, 149, 150, 151, 152, 153A, 162, 163, 206A, 206B, 207, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 222, 223, 301A, 301E, 302, 304, 305, 306, 309, 310, 311, 312, 401, 402, 403, 404, 405, 406, 407, 408, 418, 419, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 523, 525, 526 VTD: 0007 EAST VERNON (Part) Tract: 9603. Block(s): 201A, 201B, 201C, 202A, 202B, 205A, 205B, 208A, 208B, 208C, 209, 210, 211B, 212, 213, 214B, 214C, 226B, 227A, 227B, 228B, 229, 230, 231, 232, 233 VTD: 0010 MCLENDON (Part) Tract: 9602. Block(s): 130A, 130B, 131, 132, 133, 134, 135A, 135B, 139, 140, 144, 145 Commissioner District No. 5 shall consist of the following portion of Troup County: TROUP COUNTY VTD: 0002 LAGRANGE TWO (Part) Tract: 9604. Block(s): 429, 430, 431, 432, 433 Tract: 9608. Block(s): 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 207, 208, 209, 210, 211, 218, 219, 220, 221, 222, 223, 224, 230, 301, 302, 303, 304, 305, 313, 314, 315, 318, 324, 325, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 432, 433, 434, 435, 436, 439 Tract: 9609. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 201, 202, 203A, 203B, 203C, 204, 205A, 205B, 206, 207, 208, 209, 210, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313A, 313B, 313C, 314A, 314B, 315, 316, 317, 318, 319, 320, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513A, 513B, 514, 524A, 525, 526A, 529A, 530A, 530B, 533A, 559, 560, 561A, 562, 563, 564A, 565, 566, 567 VTD: 0003 LAGRANGE THREE (Part) Tract: 9605. Block(s): 141A, 153B, 155, 156, 157, 158, 409, 410, 411, 412, 413, 414, 415, 416, 417, 520, 521, 522, 524, 527, 528, 529, 530, 531, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622 Tract: 9606. Block(s): 114A, 115 VTD: 0004 LAGRANGE FOUR VTD: 0007 EAST VERNON (Part) Tract: 9609. Block(s): 203D, 421, 422, 423A, 423B, 423C, 424A, 424B, 425A, 425B, 425C, 425D, 425E, 425F, 425G, 426A, 426B, 429A, 429B, 429C, 430A, 430B, 430C, 430D, 430E, 430F, 431, 432, 513D, 515, 516, 517, 518A, 519, 524B, 524C, 526B, 527, 528, 529B, 530C, 530D, 531, 532, 533B, 561B, 564B VTD: 0014 SUNNYSIDE VTD: 0015 HIGHLANDS (Part) Tract: 9606. Block(s): 201A, 202, 203, 204, 207, 208, 213, 214A, 215A, 216, 217, 232, 233, 234, 235 Tract: 9607. Block(s): 306, 307A, 307B, 308A, 308B, 308C, 309, 315A, 315B, 316A, 316B, 316C, 317A, 317B, 317C, 317D, 318, 319, 320A, 320B, 321, 322, 332A, 332B, 337, 338, 410, 411, 412, 413, 414, 415A, 415B, 415C, 416, 417, 418, 419 1226 JOURNAL OF THE SENATE (b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any commissioner district contains a con flict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Troup County which is not included in any commissioner district de scribed in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Troup County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commis sioner district if such part is not contiguous to such commissioner district. Such noncontigu ous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia." Section 2. Said Act is further amended by striking in its entirety Section 3 and inserting in lieu thereof the following: "Section 3. (a) The commissioners serving on the effective date of this Act shall con tinue to serve for the remainder of their terms and until their successors are duly elected and qualified. Each such commissioner shall represent the commissioner district described in this Act which corresponds in number to the former district represented by each such commissioner. (b) The successors to the commissioners representing Commissioner Districts 2, 3, and 4 shall be elected at the general election held in November, 1992, to take office on the first day of January, 1993. The successors to the commissioners representing Commissioner Dis tricts 1 and 5 shall be elected at the general election held in November, 1994, to take office on the first day of January, 1995. Each such commissioner and all successors shall serve a term of four years and until his successor is duly elected and qualified." Section 3. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the governing authority of Troup County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. 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 659. On the motion, the yeas were 34, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 659. WEDNESDAY, FEBRUARY 26, 1992 1227 The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 634. By Senators Garner of the 30th, English of the 21st and Gillis of the 20th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to prohibit carrying children under a certain age as passengers on bicycles; to require use of bicycle paths under certain conditions; to require the use of bicycle helmets by minors under a certain age. The Senate Committee on Youth, Aging, and Human Ecology offered the following sub stitute to SB 634: A BILL To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change provisions relating to bicycle safety; to define a term; to regulate the carrying of children under certain ages as passengers on bi cycles; to require the use of bicycle helmets by minors under a certain age; to require proof of compliance in connection with certain bicycle rentals and leases; 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. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended in Code Section 40-1-1, relating to definitions of terms, by adding a new paragraph (6.1) to read as follows: "(6.1) 'Bicycle path' means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle riders." Section 2. Said title is further amended in Code Section 40-6-292, relating to riding and carrying passengers on bicycles, by adding new subsections (c) and (d) to read as follows: "(c) No person shall transport a child under the age of one year as a passenger on a bicycle on a highway, bicycle path, or sidewalk. (d) No child between the ages of one year and four years shall ride as a passenger on a bicycle unless the child is securely seated in a child passenger bicycle seat according to the child passenger bicycle seat's manufacturer's instructions and the child passenger bicycle seat is properly affixed to the bicycle according to the child passenger bicycle seat's manu facturer's instructions." Section 3. Said title is further amended in Code Section 40-6-296, relating to bicycle equipment, by adding a new subsection (e) to read as follows: "(e) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet. (2) For the purposes of this subsection, the term 'bicycle helmet' means a piece of pro tective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation. (3) For the purposes of this subsection, a person shall be deemed to wear a helmet only if a helmet of good fit is fastened securely upon the head with the straps of the helmet. (4) No bicycle without an accompanying protective bicycle helmet shall be rented or leased to or for the use of any person under the age of 16 years unless that person is in possession of a bicycle helmet at the time of the rental or lease." Section 4. If any provision of this Act is held by a court to be invalid, such invalidity 1228 JOURNAL OF THE SENATE shall not affect the remaining provisions of this Act; and to this end the provisions of this Act are declared severable. 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 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 of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Brown of 26th Hammill Ragan of 32nd Scott Shumake Walker of 22nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 677. By Senator Walker of the 22nd: A bill to amend Code Section 33-29-3 of the Official Code of Georgia Annotated, relating to requirements of individual policies of accident and sickness insurance, so as to provide that payments for certain services payable under individual poli cies of accident and sickness insurance shall be paid directly to the provider of such services subject to the written direction of insured; to provide for notice to providers when payment is made to the insured. WEDNESDAY, FEBRUARY 26, 1992 1229 The Senate Committee on Health and Human Services offered the following substitute to SB 677: A BILL To be entitled an Act to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, so as to provide for the payment of benefits to licensed nonparticipating or nonpreferred providers who have rendered services; to provide for a discharge of obligation; to provide an exception; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance in general, is amended by adding a new Code section to read as follows: "33-24-54. (a) Notwithstanding any provisions of Code Sections 33-1-3, 33-1-5, 33-2417, and Chapter 20 of this title or any other provisions of this title which might be con strued to the contrary, whenever a policy, subscriber contract, or other policy of accident and sickness insurance issued pursuant to this title by whatever name called provides that any of its benefits are payable to a participating provider of health care services licensed under the provisions of Chapters 9, 11, 30, 34, 35, and 39 of Title 43 for services rendered, such benefits shall be payable directly to any similarly licensed nonparticipating or nonpre ferred provider who has rendered such services and has a written assignment of benefits from the insured or subscriber and the insurer has received written notice of such assign ment; provided, however, that nothing contained in this Code section shall be deemed to prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized under the provisions of Code Sections 33-30-20 through 33-30-27 of this title. (b) Payments made by an insurer under subsection (a) of this Code section to a nonpar ticipating or nonpreferred provider shall discharge the insurer's obligation with respect to the amount so paid. (c) The provisions of this Code section shall not apply to credit insurance, disability income insurance, or limited accident and sickness policies such as hospital indemnity poli cies, specified disease policies, or limited accident policies, or similar limited policies." 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 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 Bishop Broun of 46th Burton Clay Coleman Collins Deal Dean Echols Egan English Foster Garner Harris Hasty Hill Hooks Huggins Johnson 1230 JOURNAL OF THE SENATE Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Dawkins. Those not voting were Senators: Baldwin Bowen Brown of 26th Edge Gillis Hammill Henson Phillips Shumake On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 3:06 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. THURSDAY, FEBRUARY 27, 1992 1231 Senate Chamber, Atlanta, Georgia Thursday, February 27, 1992 Twenty-fourth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator 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. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1231. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to update certain population figures relating to the authority of certain boards of directors of development authorities. HB 1712. By Representative Martin of the 26th: A bill to amend an Act establishing a municipal court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court. HB 1719. By Representative Mobley of the 64th: A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to reapportion the commissioner districts. HB 1731. By Representative Dobbs of the 74th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated registration pe riods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated. HB 1762. By Representative Lord of the 107th: A bill to provide a new charter for the City of Kite. HB 1849. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to provide a homestead exemption from all Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of the homestead for certain residents of Rabun County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over. 1232 JOURNAL OF THE SENATE HB 1852. By Representatives Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Wilder of the 21st, Aiken of the 21st and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that in the event of a vacancy in the position of two commissioners, a majority vote of the members present at the meeting shall be sufficient for the commission to take action. SB 661. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act entitled "An Act to increase the homestead exemption from county ad valorem taxes for residents of Clayton County who own and oc cupy their residences," so as to increase the amount of such exemption; to pro vide for a referendum. SB 662. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act providing for a supplement to the salaries of the judges of the Superior Court of the Clayton Judicial Circuit, as amended, so as to change the county supplement to the state salary of said judges; to provide an effective date. SB 663. By Senators Starr of the 44th and Collins of the 17th: A bill to amend an Act providing for a county supplement to the state salary of the district attorney of the Clayton Judicial Circuit, as amended, so as to change the amount of said supplement; to provide an effective date. HB 1655. By Representatives Buck of the 95th, Harris of the 84th and Birdsong of the 104th: A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law. HB 1503. By Representative Watson of the 114th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property gen erally, so as to provide for the application of the state minimum fire safety standards. HB 1649. By Representatives Baker of the 51st, Chambless of the 133rd, Oliver of the 53rd and Pettit of the 19th: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for required qualifi cation of foreign limited liability companies; to provide for a definition; to pro vide for the laws governing a foreign limited liability company. HB 1308. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment. THURSDAY, FEBRUARY 27, 1992 1233 HB 1311. By Representative Murphy of the 18th: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of officers and members of the General Assembly, so as to provide for limitations with respect to reimbursement of transportation costs for air travel. HB 1175. By Representatives Oliver of the 53rd and Baker of the 51st: A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses in hearings for guardians of incapacitated adults, so as to provide that physicians or licensed psychologists performing cer tain evaluations or examinations shall receive compensation not to exceed $75.00. HB 1211. By Representative Campbell of the 23rd: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to authorize municipal courts to try and dispose of violations of Code Section 16-721, relating to criminal trespass. HB 1679. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th, Oliver of the 53rd and Martin of the 26th: A bill to amend Code Section 5-6-35 of the Official Code of Georgia Annotated, relating to cases in which an application for appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Work ers' Compensation; to amend Chapter 9 of Title 34 of the Official Code of Geor gia Annotated, relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the em ployer who are liable for an employee's injury or death. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 841. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 758. By Senator Starr of the 44th: A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300 so as to repeal said Act. Referred to Committee on Urban and County Affairs (General). SB 759. By Senators Collins of the 17th, Edge of the 28th, Deal of the 49th and Perdue of the 18th: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to visitation rights of grandparents, so as to provide factors to be used in granting visitation rights to grandparents. Referred to Committee on Special Judiciary. 1234 JOURNAL OF THE SENATE SB 760. By Senator Henson of the 55th: A bill to amend Code Section 12-12-7 of the Official Code of Georgia Annotated, relating to the powers and duties of the Asbestos Licensing Board, so as to pro vide that such board shall have the authority to require up to 24 hours of train ing for certain persons working with asbestos and to certify such persons. Referred to Committee on Natural Resources. SB 761. By Senators Taylor of the 12th, Hooks of the 14th, Ray of the 19th and others: A bill to amend Chapter 9 of Title 43 of the Official Code of Georgia Annotated, relating to chiropractors, so as to change certain educational requirements for chiropractic students. Referred to Committee on Health and Human Services. SB 762. By Senators Phillips of the 9th and White of the 48th: A bill to amend an Act relating to education districts for the election of members of the Board of Education of Gwinnett County, as amended, so as to change the provisions relating to education districts for the board; to provide for definitions and insertions; to provide for election and terms of office of the members of such board; to provide for submission of this Act to the United States Attorney General. Referred to Committee on Urban and County Affairs. SB 763. By Senators Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, as amended, so as to change the composition of the education districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances. Referred to Committee on Urban and County Affairs. SB 764. By Senators Bowen of the 13th and Timmons of the llth: A bill to amend Chapter 9 of Title 40 of the Official Code of Georgia Annotated, relating to reporting of accidents and proof of financial responsibility, so as to impose a time limit on the filing of a safety responsibility claim. Referred to Committee on Insurance and Labor. SB 765. By Senators Bowen of the 13th and Timmons of the llth: A bill to amend Chapter 13 of Title 43 of the Official Code of Georgia Annotated, "The Driver Training School License Act," so as to change provisions related to the minimum required surety bond; to change provisions establishing fees for applications and examinations; to change provisions providing for the period of validity of licenses; to provide an effective date. Referred to Committee on Insurance and Labor. SB 766. By Senator Tysinger of the 41st: A bill to be entitled an Act to provide a homestead exemption from certain DeKalb County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county; to provide for annual adjustments; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; THURSDAY, FEBRUARY 27, 1992 1235 to provide for specific repeal of a certain prior homestead exemption; to provide for applicability. Referred to Committee on Urban and County Affairs. SB 767. By Senator Tysinger of the 41st: A bill to be entitled an Act to provide a homestead exemption from certain DeKalb County School District ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that school district; to provide for annual adjustments; to provide for defini tions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for the specific repeal of a certain prior homestead exemption. Referred to Committee on Urban and County Affairs. SB 768. By Senators Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval. Referred to Committee on Urban and County Affairs. SB 769. By Senators Poster of the 50th, Scott of the 36th, Tate of the 38th and others: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees. Referred to Committee on Education. SR 509. By Senators Ragan of the 32nd and Phillips of the 9th: A resolution proposing an amendment to the Constitution so as to provide that bills that propose to raise revenue or appropriate money equal to or in excess of two-tenths of 1 percent of the state budget in effect at the time of the proposed bill shall require the approval of two-thirds of the members elected to each branch of the General Assembly in a roll-call vote; to provide for the submission of this amendment for ratification or rejection. Referred to Committee on Appropriations. The following bills and resolution of the House were read the first time and referred to committees: HB 1175. By Representatives Oliver of the 53rd and Baker of the 51st: A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses in hearings for guardians of incapacitated adults, so as to provide that physicians or licensed psychologists performing cer tain evaluations or examinations shall receive compensation not to exceed $75.00. Referred to Committee on Health and Human Services. HB 1211. By Representative Campbell of the 23rd: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to 1236 JOURNAL OF THE SENATE authorize municipal courts to try and dispose of violations of Code Section 16-721, relating to criminal trespass. Referred to Committee on Special Judiciary. HB 1308. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment. Referred to Committee on Insurance and Labor. HB 1311. By Representative Murphy of the 18th: A bill to amend Code Section 28-1-8 of the Official Code of Georgia Annotated, relating to compensation and allowances of officers and members of the General Assembly, so as to provide for limitations with respect to reimbursement of transportation costs for air travel. Referred to Committee on Ethics. HB 1503. By Representative Watson of the 114th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property gen erally, so as to provide for the application of the state minimum fire safety standards. Referred to Committee on Insurance and Labor. HB 1649. By Representatives Baker of the 51st, Chambless of the 133rd and Oliver of the 53rd: A bill to amend Title 14 of the Official Code of Georgia Annotated, relating to corporations, partnerships, and associations, so as to provide for required qualifi cation of foreign limited liability companies; to provide for a definition; to pro vide for the laws governing a foreign limited liability company. Referred to Committee on Judiciary. HB 1655. By Representatives Buck of the 95th, Harris of the 84th and Birdsong of the 104th: A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law. Referred to Committee on Banking and Financial Institutions. HB 1679. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th and others: A bill to amend Code Section 5-6-35 of the O.C.G.A., relating to cases in which an application for appeal is required, so as to provide for appeals from decisions of the appellate division of the State Board of Workers' Compensation; to amend Chapter 9 of Title 34 of the O.C.G.A., relating to workers' compensation, so as to provide for the rights of the employee or the employer to proceed against persons other than the employer who are liable for an employee's injury or death. Referred to Committee on Insurance and Labor. THURSDAY, FEBRUARY 27, 1992 1237 HR 841. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia. Referred to Committee on Finance and Public Utilities. HB 1231. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to update certain population figures relating to the authority of certain boards of directors of development authorities. Referred to Committee on Urban and County Affairs (General). HB 1712. By Representative Martin of the 26th: A bill to amend an Act establishing a municipal court of the City of Atlanta, so as to revise certain costs and service fees charged by the clerk and marshal of said court. Referred to Committee on Urban and County Affairs. HB 1719. By Representative Mobley of the 64th: A bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, so as to reapportion the commissioner districts. Referred to Committee on Urban and County Afffairs. HB 1731. By Representative Dobbs of the 74th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated registration pe riods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated. Referred to Committee on Urban and County Affairs. HB 1762. By Representative Lord of the 107th: A bill to provide a new charter for the City of Kite. Referred to Committee on Urban and County Affairs. HB 1849. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to provide a homestead exemption from all Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of the homestead for certain residents of Rabun County who have annual incomes not exceeding $10,000.00 and who are 65 years of age or over. Referred to Committee on Urban and County Affairs. HB 1852. By Representatives Coker of the 21st, Vaughan of the 20th, Atkins of the 21st and others: A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that in the event of a vacancy in the position of two commissioners, a majority vote of the members present at the meeting shall be sufficient for the commission to take action. Referred to Committee on Urban and County Affairs. 1238 JOURNAL OF THE SENATE The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Consumer Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 728. Do pass. HB 1437. Do pass. Respectfully submitted, Senator Langford of the 35th District, Chairman Mr. President: The Committee on Corrections has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 503. Do pass by substitute. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1103. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 666. Do pass. HB 1284. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1275. Do pass. HB 1520. Do pass. THURSDAY, FEBRUARY 27, 1992 1239 HB 1612. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1392. Do pass as amended. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 615. Do pass by substitute. HB 150. Do pass by substitute. SB 700. Do pass. HB 1508. Do pass. SB 730. Do pass. HB 1545. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1517. HB 1684. HB 1765. HB 1768. HB 1770. Do pass. Do pass by substitute. Do pass. Do pass. Do pass. HB 1772. pjg ^73. H,,_B 1774. HB 1789' Do pass. j)o pass D^o pass. Do pass. HB 1771. Do pass. HB 1799. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 400. By Senator Egan of the 40th: A bill to amend Code Section 32-6-111 of the Official Code of Georgia Annotated, relating to establishment of limited-access roads, so as to limit the location of certain toll collection facilities within certain distances of residential property; to provide an effective date. SB 500. By Senator Ramsey of the 54th: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, Title 35 of the Official Code of Georgia Annotated, 1240 JOURNAL OF THE SENATE relating to law enforcement, and Title 46 of the Official Code of Georgia Anno tated, relating to public utilities and public transportation, so as to create a Com mercial Division of the Department of Public Safety; to provide for the powers, duties, and responsibilities of such division. SB 554. By Senator Dean of the 31st: A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by chief clerk upon vacancy in office of probate court, so as to provide that the chief clerk shall assume the same com pensation as the probate judge less any longevity raises received by such judge. SB 680. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and Walker of the 22nd: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide for en forcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effec tive date. SB 681. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others: A bill to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a long-term care fa cility, so as to provide for additional notices if a facility intends to cease to con tinue to participate in the Medicaid program; to provide for transfer planning and requirements related to transfers, discharges, and planning therefor; to pro vide an effective date. SB 720. By Senators Johnson of the 47th and Garner of the 30th: A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions relating to the qualifications for members of the Municipal Gas Authority of Georgia to allow employees of a gas department of a political subdi vision to be members; to provide an effective date. SB 731. By Senator Turner of the 8th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Financing Authority Act," so as to change certain pro visions relating to definitions; to provide an effective date. SB 733. By Senators Hill of the 4th, Perry of the 7th, White of the 48th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issu ance of National Guard license plates to the spouses of members. SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others: A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any crim inal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, further, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative in tent; to define certain terms. THURSDAY, FEBRUARY 27, 1992 1241 SR 474. By Senator Brown of the 26th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bibb County, Georgia, to the Macon Housing Authority; to provide an effective date. SR 486. By Senators Starr of the 44th and English of the 21st: A resolution proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, and parts there for in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to reg ulate tractor, farm equipment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, in order to prevent frauds; to provide for the submission of this amendment for ratification or rejection. HB 311. By Representative Childers of the 15th: A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Geor gia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application. HB 394. By Representatives Oliver of the 121st, Floyd of the 135th, Baker of the 51st and others: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a spouse who is a designated benefi ciary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse. HB 501. By Representatives Lord of the 107th and Parrish of the 109th: A bill to amend Article 5 of Chapter 16 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Sheriffs' Retirement Fund of Georgia, so as to provide that any member who was ap pointed to fill an anticipated vacancy in the office of sheriff shall be eligible for prior service credit for such service. HB 519. By Representative Holmes of the 28th: A bill to amend Code Section 15-11-41 of the Official Code of Georgia Annotated, as enacted by an Act approved April 16, 1990, relating to limitations of time on orders of disposition committing a delinquent or unruly child to the Division of Youth Services, so as to provide for additional periodic reviews. HB 588. By Representatives Oliver of the 121st, Murphy of the 18th, Groover of the 99th and others: A bill to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to membership of certain judicial employees in the Employees' Retire ment System of Georgia, so as to provide for additional judicial employees; to authorize creditable service for certain prior service. 1242 JOURNAL OF THE SENATE HB 634. By Representatives Cummings of the 17th, Baker of the 51st, Irwin of the 57th and Clark of the 13th: A bill to amend Article 5 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement under the Georgia Firemen's Pension Fund, so as to provide that certain members may under cer tain circumstances obtain credit for certain service rendered as a fireman or vol unteer fireman. HB 635. By Representatives Cummings of the 17th, Baker of the 51st, Clark of the 13th and Irwin of the 57th: A bill to amend Article 6 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to retirement under the Georgia Firemen's Pension Fund, so as to provide that if any member who elects reduced retirement benefits payable to the member's surviving spouse divorces or is predeceased by such spouse, then the member's retirement benefit will increase to the level it would have been if he had not exercised such option. HB 711. By Representatives Baker of the 51st, Cummings of the 17th and Alford of the 57th: A bill to amend Code Section 47-7-82 of the Official Code of Georgia Annotated, relating to membership in the Georgia Firemen's Pension Fund by a fire depart ment employee other than a fireman or volunteer fireman, so as to authorize con tinued membership for certain persons having certain administrative oversight responsibilities. HB 900. By Representatives Lee of the 72nd and Cummings of the 17th: A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provi sions relating to ineligibility for appointment as a senior judge or district attor ney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits. HB 1149. By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th: A bill to amend Code Section 15-21-94 of the Official Code of Georgia Annotated, relating to assessment and collection of sums for the county jail fund, so as to provide for the assessment and collection of funds to be paid over to the gov erning authority of the county with which the city has contracted. HB 1216. By Representative Campbell of the 23rd: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while a license is suspended or revoked, so as to authorize any municipal court of any municipality to impose the punishment provided in this Code Section notwithstanding the limits set forth in its municipal charter. HB 1230. By Representatives Cummings of the 17th and Baker of the 51st: A bill to amend Article 6 of Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to retirement, retirement allowances, disability benefits, and related matters under the Public School Employees Retirement System, so as to provide that members may become eligible for retirement benefits upon applica tion under certain conditions. THURSDAY, FEBRUARY 27, 1992 1243 HB 1234. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated. HB 1440. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the ap plication of certain requirements for emission inspection; to provide a short title. HB 1566. By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 7 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of barbers, so as to delete certain provisions relating to barber students. HB 1571. By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of cosmetology, so as to delete certain provisions re quiring the licensure of certain students. HB 1572. By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 39 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of psychologists, so as to change the termination date of and to continue the State Board of Examiners of Psychologists and the laws re lating to such board. HB 1573. By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 27 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of nursing home administrators, so as to provide for an additional ex officio member of the State Board of Nursing Home Administrators. HB 1596. By Representatives Cummings of the 17th, Baker of the 51st, Jamieson of the llth and Porter of the 119th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribution Plan. HR 647. By Representatives Buck of the 95th, Colwell of the 4th and Hammond of the 20th: A resolution authorizing and directing the conveyance of certain state owned property located in Cobb County, Georgia, to the Board of Regents of the Uni versity System of Georgia. HR 778. By Representative Colwell of the 4th: A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Athens, Clarke County, Georgia; Macon, Bibb County, Georgia: Moultrie, Colquitt County, Georgia; Thomasville, Thomas County, Georgia; and Tifton, Tift County, Georgia. 1244 JOURNAL OF THE SENATE HR 787. By Representative Hudson of the 117th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer main in, on, over, under, upon, across, or through property owned by the State of Georgia in Wilcox County, Georgia. HR 788. By Representatives Smith of the 156th and Fennel of the 155th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of a marina facility in, on, over, under, upon, across, or through property owned by the State of Georgia in Glynn County, Georgia. The President called for the morning roll call, and the following Senators answered to their names. Albert Baldwin Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Those not answering were Senators: Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Alien Bishop Brown of 26th Langford Moye Shumake Steinberg Taylor The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Perdue of the 18th introduced the chaplain of the day, Reverend Willie L. Reid, Sr., pastor of Fellowship Bible Baptist Church, Warner Robins, Georgia, who offered scripture reading and prayer. THURSDAY, FEBRUARY 27, 1992 1245 The following resolutions of the Senate were read and adopted: SR 507. By Senator Bowen of the 13th: A resolution commending Mr. Harold G. Thompson. SR 508. By Senator Bowen of the 13th: A resolution commending Deputy Devin South. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, February 27, 1992 TWENTY-FOURTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) HB 1517 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act revising, superseding, and consolidating the laws re lating to the governing authority of DeKalb County and creating a chairman and board of commissioners of said county, so as to change the penalties for ordinance violations. *HB 1684 Kidd, 25th BALDWIN COUNTY A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County. (SUBSTI TUTE) HB 1765 Edge, 28th COWETA COUNTY A bill to amend an Act creating a Board of Commissioners of Coweta County, so as to reapportion the commissioner districts. HB 1768 Clay, 37th CITY OF ACWORTH A bill to amend an Act reincorporating and providing a new charter for the City of Acworth in Cobb County, so as to provide that the municipal court shall be authorized to create a probation office under the supervision of the chief judge. HB 1770 Huggins, 53rd WALKER COUNTY 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 com pensation of the personnel of said officer. 1246 JOURNAL OF THE SENATE HB 1771 Muggins, 53rd WALKER COUNTY 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 compensation of the personnel of said office. HB 1772 Huggins, 53rd WALKER COUNTY A bill to amend an Act creating a new charter for the City of LaFayette, so as to change and define the corporate limits of the City of LaFayette. HB 1773 Huggins, 53rd WALKER COUNTY A bill to amend an Act creating the office of tax commissioner of Walker County, so as to change the provisions relating to the compensation of the personnel of the tax commissioner. HB 1774 Johnson, 47th CITY OF HARTWELL A bill to provide a new charter for the City of Hartwell in Hart County. HB 1789 Hasty, 51st GORDON COUNTY A bill to create the Calhoun Recreation Authority and to authorize such au thority to acquire, construct, equip, maintain, and operate athletic and recre ational centers, facilities, and areas and the usual and convenient facilities appertaining to such undertakings, and extentions and improvements of such facilities. HB 1799 Hooks, 14th TAYLOR COUNTY A bill to amend an Act providing that the judge of the Probate Court of Taylor County shall serve as chief magistrate of the Magistrate Court of Taylor County, so as to change the compensation of the chief magistrate. The substitute to the following bill was as follows: *HB 1684: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1684: A BILL To be entitled an Act to amend an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), so as to change the manner of selecting the chief magistrate and other magistrates of said magistrate court; to change the provisions relating to the number of magistrates for the Magistrate Court of Baldwin County; to change the provisions relating to the filling of vacancies; to change the provisions relating to the annual salary of the chief magistrate and other magistrates; to change the provisions relating to funds and fees received by the magistrate court; to provide for the expenses of operating the THURSDAY, FEBRUARY 27, 1992 1247 magistrate court; to repeal certain provisions relating to annual reports, removal of magis trates, and costs and expenses of training required of magistrates; to provide for a referen dum; to provide procedures in connection with such referendum; to provide effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PARTI Section 1. An Act providing for the appointment of the chief magistrate and other mag istrates of the Magistrate Court of Baldwin County, approved March 14, 1983 (Ga. L. 1983, p. 4027), is amended by striking in its entirety subsection (a) of Section 2 and inserting in lieu thereof a new subsection (a) to read as follows: "(a) The present vacancy in the office of chief magistrate of Baldwin County for the unexpired term expiring December 31, 1992, shall be filled in accordance with the provisions of subsection (e) of Code Section 15-10-20 of the O.C.G.A. by an appointment by majority vote of the judges of the Superior Court of Baldwin County. In accordance with subsection (d) of Code Section 15-10-20 of the O.C.G.A., for the term beginning January 1, 1993, the chief magistrate shall be elected by the voters of the county at the general election in 1992, in a partisan election in the same manner as county officers are elected. Thereafter, the chief magistrate shall be elected in accordance with said subsection (d) of Code Section 1510-20 of the O.C.G.A." Section 2. Said Act is further amended by striking in its entirety Section 3, which reads as follows: "Section 3. (a) A vacancy in the office of chief magistrate of the Magistrate Court of Baldwin County shall be filled in the same manner as the original appointment for the remainder of the unexpired term. (b) A vacancy in the office of any other magistrate shall be filled by appointment by the chief magistrate for the remainder of the unexpired term.", and inserting in lieu thereof the following: "Section 3. Reserved." PART II Section 3. Said Act is further amended by striking in their entirety subsections (b) and (c) of Section 1 and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The clerk of the magistrate court, constables, and other court personnel of the magistrate court shall be appointed by the chief magistrate; provided, however, that the number of such court personnel shall be approved by the governing authority of Baldwin County." Section 4. Said Act is further amended by striking Sections 4 through 7 in their entirety and inserting in lieu thereof new Sections 4, 5, and 6 to read as follows: "Section 4. In accordance with the provisions of subsection (a) of Code Section 15-10-23 of the O.C.G.A. permitting local law to provide for a minimum annual salary for the chief magistrate, the minimum annual salary of the chief magistrate of Baldwin County is set at $25,000.00. Section 5. In accordance with the provisions of subsection (f) of Code Section 15-10-20 of the O.C.G.A. permitting local law to provide for the number and method of selection of magistrates, in addition to the chief magistrate there shall be not less than two additional magistrates for Baldwin County. In accordance with subsection (b) of Code Section 15-10-23 of the O.C.G.A. allowing local law to provide for a minimum salary for magistrates, each such magistrate other than the chief magistrate shall receive a minimum monthly salary of $300.00 per month. Section 6. (a) On the effective date of this section, any funds remaining in, or due to, or 1248 JOURNAL OF THE SENATE under the control or direction of the chief magistrate or the treasury of the Magistrate Court of Baldwin County created in accordance with Section 5 of an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Bald win County, approved March 14, 1983 (Ga. L. 1983, p. 4027), are declared and deemed funds of Baldwin County and shall be paid into the general funds of Baldwin County in the man ner provided in Code Section 15-10-85 of the O.C.G.A. On and after the effective date of this section, any funds or fees due or owed to the Magistrate Court of Baldwin County shall be paid into the general funds of Baldwin County in the manner provided in Code Section 15-10-85 of the O.C.G.A., except that the Magistrate Court of Baldwin County is authorized to hold in trust disputed funds paid into the court pending the resolution of disputes before the court. (b) The governing authority of Baldwin County shall pay from the general funds of the county the debts and expenses of the Magistrate Court of Baldwin County for salaries, fix tures, supplies, and equipment necessary for the proper functioning of the magistrate court, in accordance with general law." PART III Section 5. Part II of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 6. (a) Part I of this Act shall become effective as provided in subsection (b) of this section. (b) In the event the Supreme Court of Georgia in the case entitled Robert H. Green, Judge, v. Drinnon Inc. DBA Union Recorder Docket No. S92A086 now pending in said court holds that the method of selecting the chief magistrate of the Magistrate Court of Baldwin County provided in an Act approved March 14, 1983 (Ga. L. 1983, p. 4027), Act No. 157, is valid and unless prohibited by the federal Voting Rights Act of 1965, as amended, then the election superintendent of Baldwin County, on the first date following the final decision of the Supreme Court upholding such provision on which a special election on such question can be held shall, in conformity with Code Section 21-2-540 of the O.C.G.A., issue the call for and conduct a special election relative to the selection of the chief magistrate of the Magistrate Court of Baldwin County. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words: "[ ] YES [ ] NO Shall Part I of an Act be approved which provides that the chief magistrate of the Magistrate Court of Baldwin County shall be elected by the voters of the county in a partisan election in the same manner as county officers are elected and which provides for a different method of selecting other magis trates and for filling vacancies in the office of chief magistrate or magis trate?" All persons desiring to vote for approval of Part I of the Act shall vote "Yes," and those persons desiring to vote for rejection of Part I of the Act shall vote "No." If more than onehalf of the votes cast on such question are for approval of Part I of this Act, it shall become of full force and effect upon the certification of the results of said special election. If Part I of this Act is not so approved or if the election is not conducted as provided in this section, Part I of this Act shall not become effective and shall be automatically repealed upon the certification of the results of said special election. The expense of such election shall be borne by Baldwin County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State. Section 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 44, nays 0, and the substitute was adopted. THURSDAY, FEBRUARY 27, 1992 1249 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 Broun of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Tate ,,, Jaylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Bowen Brown of 26th Egan Garner Johnson Langford Ray Scott Shumake Steinberg Walker of 22nd On the passage of all the local bills, the yeas were 44, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1684, having received the requisite constitutional majority, were passed. HB 1684, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th introduced a group from Peach County who are involved with the Georgia Peach Festival, which was commended by SR 473, adopted previously. SENATE RULES CALENDAR Thursday, February 27, 1992 TWENTY-FOURTH LEGISLATIVE DAY SB 588 Education--program of community education, development grants (Substitute) (Ed--33rd) HB 1541 Sales Tax--exempt sale of lottery tickets (Substitute) (F&PU--45th) SR 477 Transportation Trust Fund--create for transportation purposes (Amendment) (Trans--1st) SB 721 Local Boards of Education--additional powers (Ed--24th) SB 704 Lobbyists--register with State Ethics Commission (Substitute) (Ethics--49th) SB 701 Insurance Regulation--certain restrictions regarding workers' compensation (I&L--28th) 1250 JOURNAL OF THE SENATE SR 475 Workers' Compensation Trust Fund--benefits to injured not covered (I&L--28th) SB 637 Environmental Protection Division/Department of Natural Resources--report on lake, river conditions (Substitute) (Nat R--47th) SB 675 Juries--contempt powers of judge dealing with unexcused absentees (Judy--47th) SB 319 Food Caterers--revenue commissioner authorize alcoholic beverages (Substi tutes) (C Aff--23rd) SR 482 School Systems--urge adopt water safety programs (Ed--55th) SB 676 Controlled Substances Within Certain Distance of School--felony (Judy--47th) SB 724 Insurance--approval of assumption reinsurance agreements (I&L--24th) SR 490 Legislation Imposing Unrealistic Corporate Average Fuel Energy (CAFE) Stan dards on Automobile Industry--urge reject (Nat R--12th) SB 714 Indigent Defense Funding Act--enact (Judy--2nd) SB 723 Workers' Compensation Fund--restrictions on cities/counties to create (I&L--24th) SB 725 Shore Assistance Act--define terms, provide area of operation (Amendment) (Nat R--3rd) SB 665 Driving Under the Influence--provisions on driver's license suspension, plea of nolo contendere (Substitute) (Judy--49th) SB 688 Handicapped Parking--disabled occupy vehicle (Amendment) (YA&HE--7th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 588. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to provide for a program of community education and development grants; to authorize the De partment of Education to make grants to local boards of education for certain programs and activities; to repeal Article 7 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to community education and development. The Senate Committee on Education offered the following substitute to SB 588: A BILL To be entitled an Act to amend Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Community Affairs, so as to repeal Article 7 of such chapter, the "Community Education and Development Act"; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to THURSDAY, FEBRUARY 27, 1992 1251 the Department of Community Affairs, is amended by striking in its entirety Article 7, the "Community Education and Development Act," and inserting in lieu thereof the following: "ARTICLE 7 RESERVED" Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Burton Clav fman CUa1w11kTMms Dj-j eal Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins J,,o.h,n,son KMladrdable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg m Tatie TTahyolmorpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien Broun of 46th Brown of 26th Garner Langford Shumake Starr On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1541. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery. Senate Sponsor: Senator Dawkins of the 45th. 1252 JOURNAL OF THE SENATE The Senate Committee on Finance & Public Utilities offered the following substitute to HB 1541: A BILL To be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes; to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to provide for a state lottery; to provide a short title; to define certain terms; to create the Georgia Lottery Corporation; to provide for a board of directors and for matters relative thereto; to provide for a Lottery Retailer Advisory Board and for matters related thereto; to provide for the employment of a chief executive officer and for matters relative thereto; to provide powers of such corpora tion; to provide for regulations and policies of the board; to provide certain duties of the chief executive officer; to provide for the allocation of revenues and the expenditure of funds; to provide for minority participation; to provide for the qualification and selection of vendors; to provide for the bonding of vendors; to provide for exceptions to such bonding requirement; to provide for a network of retailers and for matters relative thereto; to pro vide for a fidelity fund in lieu of the bonding requirement for retailers; to provide for the cancellation of retail contracts; to provide for the handling of funds by retailers; to provide for the assumption of certain proceeds as gross sales; to provide limitations on the sale of lottery tickets; to provide for the applicability of state income taxation and attachments, garnishments, or executions; to provide for the payment of prizes; to provide for the applica bility of laws relating to open meetings and inspection of public documents; to provide for criminal investigations; to define certain offenses and establish certain penalties; to author ize certain agreements; to provide for competitive bidding; to provide for appeal of decisions of the board; to authorize the corporation to perform certain functions; to provide for audits and reports; to create the Georgia Lottery Corporation Legislative Oversight Committee; to provide for membership, duties, and staffing of and assistance to such oversight committee; to provide for severability; to provide a conditional effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking the word "or" at the end of paragraph (52), by striking the symbol "." at the end of paragraph (53) and inserting in lieu thereof the symbol and word "; or", and by inserting immediately following paragraph (53) the following: "(54) The sale of lottery tickets authorized by Chapter 27 of Title 50." Section 2. Title 50 of the Official Code of Georgia Annotated, relating to state govern ment, is amended by inserting at the end thereof the following: "CHAPTER 27 50-27-1. This chapter shall be known and may be cited as the 'Georgia Lottery for Edu cation Act.' 50-27-2. It is found and declared by the General Assembly: (1) That net proceeds of lottery games conducted pursuant to this chapter shall be used to support improvements and enhancements for educational purposes and programs and that such net proceeds shall be used to supplement, not supplant, existing resources for educational purposes and programs; (2) That lottery games are an entrepreneurial enterprise and that the state shall create a public body, corporate and politic, known as the Georgia Lottery Corporation, with com prehensive and extensive powers as generally exercised by corporations engaged in en trepreneurial pursuits; (3) That lottery games shall be operated and managed in a manner which provides THURSDAY, FEBRUARY 27, 1992 1253 continuing entertainment to the public, maximizes revenues, and ensures that the lottery is operated with integrity and dignity and free of political influence; and (4) That the Georgia Lottery Corporation shall be accountable to the General Assembly and to the public through a system of audits and reports. 50-27-3. As used in this chapter, the term: (1) 'Administrative expenses' means operating expenses, excluding amounts set aside for prizes, regardless of whether such prizes are claimed and excluding amounts held as a fidelity fund pursuant to Code Section 50-27-19. (2) 'Board' means the board of directors of the Georgia Lottery Corporation. (3) 'Capital outlay projects' means the acquisition, construction, installation, modifica tion, renovation, repair, extension, renewal, replacement, or rehabilitation of land, interests in land, buildings, structures, facilities, or other improvements and the acquisition, installa tion, modification, renovation, repair, extension, renewal, replacement, rehabilitation, or fur nishing of fixtures, machinery, equipment, computers, software, laboratories, furniture, text books, and reference material or other property of any nature whatsoever used on, in, or in connection with educational facilities. (4) 'Casino gambling' means a location or business for the purpose of conducting illegal gambling activities, but excluding the sale and purchase of lottery tickets or shares as au thorized by this chapter. (5) 'Chief executive officer' means the chief executive officer of the Georgia Lottery Corporation. (6) 'Corporation' means the Georgia Lottery Corporation. (7) 'Educational facilities' means land, structures, and buildings owned or operated by and through the board of regents, the State Board of Education, the Department of Techni cal and Adult Education, or by any city, county, or independent school system within this state; provided, however, that a public road or highway leading to an educational facility shall not be considered an educational facility. (8) 'Educational purposes and programs' means capital outlay projects for educational facilities; tuition grants, scholarships, or loans to citizens of this state to enable such citizens to attend colleges and universities located within this state, regardless of whether such col leges and universities are owned or operated by the board of regents or to attend institu tions operated under the authority of the Department of Technical and Adult Education; voluntary pre-kindergarten; and an education shortfall reserve. (9) 'Lottery,' 'lotteries,' 'lottery game,' or 'lottery games' means any game of chance approved by the board and operated pursuant to this chapter, including, but not limited to, instant tickets, on-line games, and games using mechanical or electronic devices but exclud ing pari-mutuel betting and casino gambling as defined in this Code section. (10) 'Major procurement contract' means any gaming product or service costing in ex cess of $75,000.00, including, but not limited to, major advertising contracts, annuity con tracts, prize payment agreements, consulting services, equipment, tickets, and other prod ucts and services unique to the Georgia lottery, but not including materials, suppliers, equipment, and services common to the ordinary operations of a corporation. (11) 'Member* or 'members' means a director or directors of the board of directors of the Georgia Lottery Corporation. (12) 'Member of a minority' means an individual who is a member of a race which comprises less than 50 percent of the total population of the state. (13) 'Minority business' means any business which is owned by: (A) An individual who is a member of a minority who reports as his personal income for Georgia income tax purposes the income of such business; 1254 JOURNAL OF THE SENATE (B) A partnership in which a majority of the ownership interest is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the income of the partnership; or (C) A corporation organized under the laws of this state in which a majority of the common stock is owned by one or more members of a minority who report as their personal income for Georgia income tax purposes more than 50 percent of the distributed earnings of the corporation. (14) 'Net proceeds' means all revenue derived from the sale of lottery tickets or shares and all other moneys derived from the lottery less operating expenses. (15) 'Operating expenses' means all costs of doing business, including, but not limited to, prizes, commissions, and other compensation paid to retailers, advertising and marketing costs, personnel costs, capital costs, depreciation of property and equipment, funds for com pulsive gambling education and treatment, amounts held in or paid from a fidelity fund pursuant to Code Section 50-27-19, and other operating costs. (16) 'Pari-mutuel betting" means a method or system of wagering on actual races involv ing horses or dogs at tracks which involves the distribution of winnings by pools. Such term shall not mean lottery games which may be predicated on a horse racing or dog racing scheme that does not involve actual track events. Such term shall not mean traditional lot tery games which may involve the distribution of winnings by pools. (17) 'Person' means any individual, corporation, partnership, unincorporated associa tion, or other legal entity. (18) 'Retailer' means a person who sells lottery tickets or shares on behalf of the corpo ration pursuant to a contract. (19) 'Share' means any intangible evidence of participation in a lottery game. (20) 'Ticket' means any tangible evidence issued by the lottery to provide participation in a lottery game. (21) 'Vendor' means a person who provides or proposes to provide goods or services to the corporation pursuant to a major procurement contract, but does not include an em ployee of the corporation, a retailer, or a state agency or instrumentality thereof. Such term does not include any corporation whose shares are publicly traded and which is the parent company of the contracting party in a major procurement contract. 50-27-4. There is created a body corporate and politic to be known as the Georgia Lot tery Corporation which shall be deemed to be an instrumentality of the state, and not a state agency, and a public corporation. Venue for the corporation shall be in Fulton County. 50-27-5. (a) The corporation shall be governed by a board of directors composed of seven members to be appointed by the Governor. Members shall be appointed with a view toward equitable geographic representation. (b) Members shall be residents of the State of Georgia, shall be prominent persons in their businesses or professions, and shall not have been convicted of any felony offense. The Governor should consider appointing to the board an attorney, an accountant, and a person having expertise in marketing. (c) Members shall serve terms of five years, except that of the initial members ap pointed, three shall be appointed for initial terms of two years, two shall be appointed for initial terms of four years, and two shall be appointed for initial terms of five years. Any vacancy occurring on the board shall be filled by the Governor by appointment for the unexpired term. (d) All members appointed by the Governor shall be confirmed by the Senate. Members appointed when the General Assembly is not in regular session shall serve only until the Senate has confirmed the appointment at the next regular or special session of the General THURSDAY, FEBRUARY 27, 1992 1255 Assembly. If the Senate refuses to confirm an appointment, the member shall vacate his office on the date the confirmation fails. (e) Members of the board shall not have any direct or indirect interest in an undertak ing that puts their personal interest in conflict with that of the corporation, including, but not limited to, an interest in a major procurement contract or a participating retailer. (f) Members of the board shall be reimbursed for actual and reasonable expenses in curred for each day's service spent in the performance of the duties of the corporation. (g) The members shall elect from their membership a chairperson and vice chairperson. The members shall also elect a secretary and treasurer who can be the chief executive officer of the corporation. Such officers shall serve for such terms as shall be prescribed by the bylaws of the corporation or until their respective successors are elected and qualified. No member of the board shall hold more than any one office of the corporation, except that the same person may serve as secretary and treasurer. (h) The board of directors may delegate to any one or more of its members, to the chief executive officer, or to any agent or employee of the corporation such powers and duties as it may deem proper. (i) 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 corporation. (j) Action may be taken and motions and resolutions adopted by the board at any meet ing thereof by the affirmative vote of a majority of present and voting board members. (k) No vacancy in the membership of the board shall impair the right of the members to exercise all the powers and perform all the duties of the board. 50-27-6. (a) The chairperson of the board of directors shall appoint a Lottery Retailer Advisory Board to be composed of ten lottery retailers representing the broadest possible spectrum of geographical, racial, and business characteristics of lottery retailers. The func tion of the advisory board shall be to advise the board of directors on retail aspects of the lottery and to present the concerns of lottery retailers throughout the state. (b) Members appointed to the Lottery Retailer Advisory Board shall serve terms of two years; provided, however, that five of the initial appointees shall serve initial terms of one year. (c) The advisory board shall establish its own rules and internal operating procedures. Members of the advisory board shall serve without compensation or reimbursement of ex penses. The advisory board may report to the board of directors or to the oversight commit tee in writing at any time. The board of directors may invite the advisory board to make an oral presentation to the board of directors at regular meetings of the board. 50-27-7. The board of directors shall provide the chief executive officer with privatesector perspectives of a large marketing enterprise. The board shall: (1) Approve, disapprove, amend, or modify the budget recommended by the chief exec utive officer for the operation of the corporation; (2) Approve, disapprove, amend, or modify the terms of major lottery procurements recommended by the chief executive officer; (3) Hear appeals of hearings required by this chapter; (4) Adopt regulations, policies, and procedures relating to the conduct of lottery games and as specified in Code Section 50-27-9; and (5) Perform such other functions as specified by this chapter. 50-27-8. The board of directors shall appoint and shall provide for the compensation of a chief executive officer who shall be an employee of the corporation and who shall direct the day-to-day operations and management of the corporation and shall be vested with such 1256 JOURNAL OF THE SENATE powers and duties as specified by the board and by law. The chief executive officer shall serve at the pleasure of the board. 50-27-9. (a) The corporation 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 and which are generally exer cised by corporations engaged in entrepreneurial pursuits, 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 seal; (3) To adopt, amend, and repeal bylaws, regulations, and policies and procedures for the regulation of its affairs and the conduct of its business; to elect and prescribe the duties of officers and employees of the corporation; and to perform such other matters as the cor poration may determine. In the adoption of bylaws, regulations, policies, and procedures or in the exercise of any regulatory power, the corporation shall be exempt from the require ments of Chapter 13 of this title, the 'Georgia Administrative Procedure Act'; (4) To procure or to provide insurance; (5) To hold copyrights, trademarks, and service marks and enforce its rights with re spect thereto; (6) To initiate, supervise, and administer the operation of the lottery in accordance with the provisions of this chapter and regulations, policies, and procedures adopted pursuant thereto; (7) To enter into written agreements with one or more other states or sovereigns for the operation, participation in marketing, and promotion of a joint lottery or joint lottery games; (8) To conduct such market research as is necessary or appropriate, which may include an analysis of the demographic characteristics of the players of each lottery game and an analysis of advertising, promotion, public relations, incentives, and other aspects of communication; (9) To acquire or lease real property and make improvements thereon and acquire by lease or by purchase personal property, including, but not limited to, computers; mechani cal, electronic, and on-line equipment and terminals; and intangible property, including, but not limited to, computer programs, systems, and software; (10) To enter into contracts to incur debt in its own name and enter into financing agreements with the state, agencies or instrumentalities of the state, or with any commercial bank or credit provider; provided, however, that any such debt must be approved by the Georgia State Financing and Investment Commission; (11) To be authorized to administer oaths, take depositions, issue subpoenas, and com pel the attendance of witnesses and the production of books, papers, documents, and other evidence relative to any investigation or proceeding conducted by the corporation; (12) To appoint and select officers, agents, and employees, including professional and administrative staff and personnel and hearing officers to conduct hearings required by this chapter, and to fix their compensation, pay their expenses, and provide a benefit program, including, but not limited to, a retirement plan and a group insurance plan; (13) To select and contract with vendors and retailers; (14) To enter into contracts or agreements with state or local law enforcement agencies for the performance of law enforcement, background investigations, and security checks; (15) To enter into contracts of any and all types on such terms and conditions as the corporation may determine; THURSDAY, FEBRUARY 27, 1992 1257 (16) To establish and maintain banking relationships, including, but not limited to, establishment of checking and savings accounts and lines of credit; (17) To advertise and promote the lottery and lottery games; (18) To act as a retailer, to conduct promotions which involve the dispensing of lottery tickets or shares, and to establish and operate a sales facility to sell lottery tickets or shares and any related merchandise; and (19) To adopt and amend such regulations, policies, and procedures as necessary to carry out and implement its powers and duties, organize and operate the corporation, regu late the conduct of lottery games in general, and any other matters necessary or desirable for the efficient and effective operation of the lottery or the convenience of the public. The promulgation of any such regulations, policies and procedures shall be exempt from the requirements of Chapter 13 of this title, the 'Georgia Administrative Procedure Act.' (b) The powers enumerated in subsection (a) of this Code section are cumulative of and in addition to those powers enumerated elsewhere in this chapter, and no such powers limit or restrict any other powers of the corporation. 50-27-10. The board may adopt regulations, policies, and procedures regulating the con duct of lottery games in general, including, but not limited to, regulations, policies, and procedures specifying: (1) The type of games to be conducted, including, but not limited to, instant lotteries, on-line games, and other games traditional to the lottery. Such games may include the sell ing of tickets or shares or the use of electronic or mechanical devices; (2) The sale price of tickets or shares and the manner of sale; provided, however, that all sales shall be for cash only and payment by checks, credit cards, charge cards, or any form of deferred payment is prohibited; (3) The number and amount of prizes; (4) The method and location of selecting or validating winning tickets or shares; (5) The manner and time of payment of prizes, which may include lump sum payments or installments over a period of years; (6) The manner of payment of prizes to the holders of winning tickets or shares, includ ing without limitation provision for payment of prizes not exceeding $600.00 after deducting the price of the ticket or share and after performing validation procedures appropriate to the game and as specified by the board. The board may provide for a limited number of retailers who can pay prizes of up to $5,000.00 after performing validation procedures ap propriate to the game and as specified by the board without regard to where such ticket or share was purchased; (7) The frequency of games and drawings or selection of winning tickets or shares; (8) The means of conducting drawings; (9) The method to be used in selling tickets or shares which may include the use of electronic or mechanical devices; (10) The manner and amount of compensation to lottery retailers; and (11) Any and all other matters necessary, desirable, or convenient toward ensuring the efficient and effective operation of lottery games, the continued entertainment and con venience of the public, and the integrity of the lottery. 50-27-11. (a) The chief executive officer of the corporation shall direct and supervise all administrative and technical activities in accordance with the provisions of this chapter and with the regulations, policies, and procedures adopted by the board. It shall be the duty of the chief executive officer to: (1) Facilitate the initiation and supervise and administer the operation of the lottery games; 1258 JOURNAL OF THE SENATE (2) Employ and direct such personnel as deemed necessary; (3) Employ by contract and compensate such persons and firms as deemed necessary; (4) Promote or provide for promotion of the lottery and any functions related to the corporation; (5) Prepare a budget for the approval of the board; (6) Require bond from such retailers and vendors in such amounts as required by the board; (7) Report quarterly to the state auditor and the board a full and complete statement of lottery revenues and expenses for the preceding quarter; and (8) Perform other duties generally associated with a chief executive officer of a corpora tion of an entrepreneurial nature. (b) The chief executive officer may for good cause suspend, revoke, or refuse to renew any contract entered into in accordance with the provisions of this chapter or the regula tions, policies, and procedures of the board. (c) The chief executive officer or his designee may conduct hearings and administer oaths to persons for the purpose of assuring the security or integrity of lottery operations or to determine the qualifications of or compliance by vendors and retailers. 50-27-12. (a) The corporation shall establish and maintain a personnel program for its employees and fix the compensation and terms of compensation of its employees, including, but not limited to, production incentive payments. (b) No employee of the corporation shall have a financial interest in any vendor doing business or proposing to do business with the corporation. (c) No employee of the corporation with decision-making authority shall participate in any decision involving a retailer with whom the employee has a financial interest. (d) No employee of the corporation who leaves the employment of the corporation may represent any vendor or lottery retailer before the corporation for a period of two years following termination of employment with the corporation. (e) Background investigation shall be conducted on each applicant who has reached the final selection process prior to employment by the corporation at the level of division direc tor and above and at any level within any division of security and as otherwise required by the board. The corporation shall be authorized to pay for the actual cost of such investiga tions and may contract with the Georgia Bureau of Investigation for the performance of such investigations. The results of such a background investigation shall not be considered a record open to the public pursuant to Article 4 of Chapter 18 of this title. (f) No person who has been convicted of a felony or bookmaking or other forms of illegal gambling or of a crime involving moral turpitude shall be employed by the corporation. (g) The corporation shall bond corporation employees with access to corporation funds or lottery revenue in such an amount as provided by the board and may bond other employ ees as deemed necessary. 50-27-13. (a) (1) All lottery proceeds shall be the property of the corporation. (2) From its lottery proceeds the corporation shall pay the operating expenses of the corporation. As nearly as practical, at least 45 percent of the amount of money from the actual sale of lottery tickets or shares shall be made available as prize money; provided, however, that this paragraph shall be deemed not to create any lien, entitlement, cause of action, or other private right, and any rights of holders of tickets or shares shall be deter mined by the corporation in setting the terms of its lottery or lotteries. (3) As nearly as practical, for each fiscal year, net proceeds shall equal at least 35 per cent of the lottery proceeds. However, for the first two full fiscal years and any partial first THURSDAY, FEBRUARY 27, 1992 1259 fiscal year of the corporation, net proceeds need only equal 30 percent of the proceeds as nearly as practical. (b) (1) On or before the fifteenth day of each quarter, the corporation shall transfer to the general fund of the state treasury, for credit to the Lottery for Education Account for the preceding quarter, the amount of all net proceeds during the preceding quarter. The director of the Fiscal Division of the Department of Administrative Services shall separately account for net proceeds by establishing and maintaining a Lottery for Education Account within the state treasury. (2) Upon their deposit into the state treasury, any moneys representing a deposit of net proceeds shall then become the unencumbered property of the State of Georgia and the corporation shall have no power to agree or undertake otherwise. Such moneys shall be invested by the director in accordance with state investment practices. All earnings attribu table to such investments shall likewise be the unencumbered property of the state and shall accrue to the credit of the Lottery for Education Account. (c) (1) In the budget report to the General Assembly, as a separate budget category entitled 'lottery proceeds,' the Governor shall estimate the amount of net proceeds and trea sury earnings thereon to be credited to the Lottery for Education Account during the fiscal year and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net proceeds, treasury earnings thereon, and unappropriated surplus shall be designated lottery proceeds. (2) In the budget report the Governor shall further make specific recommendations as to the education programs and purposes for which appropriations should be made from the Lottery for Education Account. The General Assembly shall appropriate from the Lottery for Education Account by specific reference to it, or by reference to 'lottery proceeds.' All appropriations of lottery proceeds to any particular budget unit shall be made together in a separate part entitled, identified, administered, and accounted for separately as a distinct budget unit for lottery proceeds. Such appropriations shall otherwise be made in the man ner required by law for appropriations. (3) It is the intent of the General Assembly that appropriations from the Lottery for Education Account shall be for educational purposes and projects only. (4) If, for any educational purpose or program, less is appropriated in or during the fiscal year than is authorized, the excess shall be available for appropriation the following fiscal year and shall not retain its character as funds for the particular purpose. (d) Appropriations for educational purposes and programs from the account not com mitted during the fiscal year shall lapse to the general fund and shall be credited to the Lottery for Education Account. (e) Except as qualified by this chapter, appropriations from the Lottery for Education Fund shall be subject to Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget Act.' (f) In compliance with the requirement of the Constitution that there shall be a sepa rate accounting of lottery proceeds, no deficiency in the Lottery for Education Account shall be replenished by book entries reducing any nonlottery reserve of general funds, including specifically but without limitation the revenue shortfall reserve or the midyear adjustment reserve; nor shall any nonlottery surplus in the general fund be reduced. No surplus in the Lottery for Education Account shall be reduced to correct any nonlottery deficiencies in sums available for general appropriations, and no surplus in the Lottery for Education Ac count shall be included in any surplus calculated for setting aside any nonlottery reserve or midyear adjustment reserve. In calculating net revenue collections for the revenue shortfall reserve and midyear adjustment reserve, the state auditor shall not include the net proceeds. 50-27-14. It is the intent of the General Assembly that the corporation encourage par ticipation by minority businesses. Accordingly, the board of directors shall adopt a plan which achieves to the greatest extent possible a level of participation by minority businesses 1260 JOURNAL OF THE SENATE taking into account the total number of all retailers and vendors, including any subcontrac tors. The corporation is authorized and directed to undertake training programs and other educational activities to enable such minority businesses to compete for contracts on an equal basis. The board shall monitor the results of minority business participation and shall report the results of minority business participation to the Governor at least on an annual basis. 50-27-15. (a) The corporation shall investigate the financial responsibility, security, and integrity of any lottery system vendor who is a finalist in submitting a bid, proposal, or offer as part of a major procurement. At the time of submitting such bid, proposal, or offer to the corporation, the corporation may require the following items: (1) A disclosure of the vendor's name and address and, as applicable, the names and addresses of the following: (A) If the vendor is a corporation, the officers, directors, and each stockholder in such corporation; provided, however, that in the case of owners of equity securities of a publicly traded corporation, only the names and addresses of those known to the corporation to own beneficially 5 percent or more of such securities need be disclosed; (B) If the vendor is a trust, the trustee and all persons entitled to receive income or benefits from the trust; (C) If the vendor is an association, the members, officers, and directors; and (D) If the vendor is a partnership or joint venture, all of the general partners, limited partners, or joint venturers; (2) A disclosure of all the states and jurisdictions in which the vendor does business and the nature of the business for each such state or jurisdiction. (3) A disclosure of all the states and jurisdictions in which the vendor has contracts to supply gaming goods or services, including, but not limited to, lottery goods and services, and the nature of the goods or services involved for each such state or jurisdiction; (4) A disclosure of all the states and jurisdictions in which the vendor has applied for, has sought renewal of, has received, has been denied, has pending, or has had revoked a lottery or gaming license of any kind or had fines or penalties assessed to his license, con tract, or operation and the disposition of such in each such state or jurisdiction. If any lottery or gaming license or contract has been revoked or has not been renewed or any lottery or gaming license or application has been either denied or is pending and has re mained pending for more than six months, all of the facts and circumstances underlying the failure to receive such a license shall be disclosed; (5) A disclosure of the details of any finding or plea, conviction, or adjudication of guilt in a state or federal court of the vendor for any felony or any other criminal offense other than a traffic violation; (6) A disclosure of the details of any bankruptcy, insolvency, reorganization, or corpo rate or individual purchase or takeover of another corporation, including bonded indebted ness, or any pending litigation of the vendor; and (7) Such additional disclosures and information as the corporation may determine to be appropriate for the procurement involved. If at least 25 percent of the cost of a vendor's contract is subcontracted, the vendor shall disclose all of the information required by this Code section for the subcontractor as if the subcontractor were itself a vendor. (b) A lottery procurement contract shall not be entered into with any lottery system vendor who has not complied with the disclosure requirements described in subsection (a) of this Code section, and any contract with such a vendor is voidable at the option of the corporation. Any contract with a vendor who does not comply with such requirements for periodically updating such disclosures during the tenure of contract as may be specified in THURSDAY, FEBRUARY 27, 1992 1261 such contract may be terminated by the corporation. The provisions of this Code section shall be construed broadly and liberally to achieve the ends of full disclosure of all informa tion necessary to allow for a full and complete evaluation by the corporation of the compe tence, integrity, background, and character of vendors for major procurements. (c) A major procurement contract shall not be entered into with any vendor who has been found guilty of a felony related to the security or integrity of the lottery in this or any other jurisdiction. (d) A major procurement contract shall not be entered into with any vendor if such vendor has an ownership interest in an entity that had supplied consultation services under contract to the corporation regarding the request for proposals pertaining to those particu lar goods or services. (e) No lottery system vendor nor any applicant for a major procurement contract may pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, excluding food and beverages having an aggregate value not exceed ing $100.00 in any calendar year, to the chief executive officer, any board member, or any employee of the corporation or to a member of the immediate family residing in the same household as any such person. 50-27-16. (a) (1) Each vendor shall, at the execution of the contract with the corpora tion, post a performance bond or letter of credit from a bank or credit provider acceptable to the corporation in an amount as deemed necessary by the corporation for that particular bid or contract. In lieu of the bond, a vendor may, to assure the faithful performance of its obligations, deposit and maintain with the corporation securities that are interest bearing or accruing and that are rated in one of the three highest classifications by an established nationally recognized investment rating service. Securities eligible under this Code section are limited to: (A) Certificates of deposit issued by solvent banks or savings associations approved by the corporation and which are organized and existing under the laws of this state or under the laws of the United States; (B) United States bonds, notes, and bills for which the full faith and credit of the gov ernment of the United States is pledged for the payment of principal and interest; and (C) Corporate bonds approved by the corporation. The corporation which issued the bonds shall not be an affiliate or subsidiary of the depositor. Such securities shall be held in trust and shall have at all times a market value at least equal to the full amount estimated to be paid annually to the lottery vendor under contract. (2) Because of certain economic considerations, minority businesses may not be able financially to comply with the bonding, deposit of securities, or letter of credit requirements of paragraph (1) of this subsection. Notwithstanding any other provisions of this subsection, in order to assure minority participation in major procurement contracts to the most feasi ble and practicable extent possible, the chief executive officer is authorized and directed to waive the bonding, deposit of securities, and letter of credit requirements of paragraph (1) of this subsection for a period of five years from the time that a minority business enters into a major procurement contract for any minority business which substantiates financial hardship pursuant to the policies and procedures established by the board. (b) Each vendor shall be qualified to do business in this state and shall file appropriate tax returns as provided by the laws of this state. All contracts under this Code section shall be governed by the laws of this state. (c) No contract shall be let with any vendor in which a public official, as defined by Code Section 45-10-20, has an ownership interest of 10 percent or more. (d) All major procurement contracts must be competitively bid pursuant to policies and procedures approved by the board unless there is only one qualified vendor and that vendor has an exclusive right to offer the service or product. 1262 JOURNAL OF THE SENATE 50-27-17. (a) The General Assembly recognizes that to conduct a successful lottery, the corporation must develop and maintain a state-wide network of lottery retailers that will serve the public convenience and promote the sale of tickets or shares and the playing of lottery games while ensuring the integrity of the lottery operations, games, and activities. (b) The corporation must make every effort to provide small retailers a chance to par ticipate in the sales of lottery tickets or shares. (c) The corporation shall provide for compensation to lottery retailers in the form of commissions in an amount of not less than 5 percent of gross sales and may provide for other forms of compensation for services rendered in the sale or cashing of lottery tickets or shares. (d) The corporation shall issue a certificate of authority to each person with whom it contracts as a retailer for purposes of display. Every lottery retailer shall post and keep conspicuously displayed in a location on the premises accessible to the public its certificate of authority. No certificate shall be assignable or transferable. (e) The board shall develop a list of objective criteria upon which the qualification of lottery retailers shall be based. Separate criteria shall be developed to govern the selection of retailers of instant tickets and on-line retailers. In developing these criteria, the board shall consider such factors as the applicant's financial responsibility, security of the appli cant's place of business or activity, accessibility to the public, integrity, and reputation. The board shall not consider political affiliation, activities, or monetary contributions to political organizations or candidates for any public office. The criteria shall include but not be lim ited to the following: (1) The applicant shall be current in filing all applicable tax returns to the State of Georgia and in payment of all taxes, interest, and penalties owed to the State of Georgia, excluding items under formal appeal pursuant to applicable statutes. The Department of Revenue is authorized and directed to provide this information to the corporation; (2) No person, partnership, unincorporated association, corporation, or other business entity shall be selected as a lottery retailer who: (A) Has been convicted of a criminal offense related to the security or integrity of the lottery in this or any other jurisdiction; (B) Has been convicted of any illegal gambling activity, false statements, false swearing, or perjury in this or any other jurisdiction or convicted of any crime punishable by more than one year of imprisonment or a fine of more than $1,000.00 or both; (C) Has been found to have violated the provisions of this chapter or any regulation, policy, or procedure of the corporation unless either ten years have passed since the viola tion or the board finds the violation both minor and unintentional in nature; (D) Is a vendor or any employee or agent of any vendor doing business with the corporation; (E) Resides in the same household as an officer of the corporation; (F) Has made a statement of material fact to the corporation knowing such statement to be false; or (G) Is engaged exclusively in the business of selling lottery tickets or shares; provided, however, that this subsection shall not preclude the corporation from selling or giving away lottery tickets or shares for promotional purposes; (3) Persons applying to become lottery retailers shall be charged a uniform application fee for each lottery outlet. Retailers who participate in on-line games shall be charged a uniform application fee for each on-line outlet; (4) Any lottery retailer contract executed pursuant to this Code section may, for good cause, be suspended, revoked, or terminated by the chief executive officer or his designee if THURSDAY, FEBRUARY 27, 1992 1263 the retailer is found to have violated any provision of this chapter or objective criteria estab lished by the board. Review of such activities shall be in accordance with the procedures outlined in this chapter and shall not be subject to Chapter 13 of this title, the 'Georgia Administrative Procedure Act'; and (5) All lottery retailer contracts may be renewable annually in the discretion of the corporation unless sooner canceled or terminated. (f) No lottery retailer or applicant to be a lottery retailer shall pay, give, or make any economic opportunity, gift, loan, gratuity, special discount, favor, hospitality, or service, ex cluding food and beverages having an aggregate value not exceeding $100.00 in any calendar year, to the chief executive officer, any board member, or any employee of the corporation or to a member of the immediate family residing in the same household as any such person. 50-27-18. (a) No lottery retailer contract shall be transferable or assignable. No lottery retailer shall contract with any person for lottery goods or services except with the approval of the board. (b) Lottery tickets and shares shall only be sold by the retailer stated on the lottery retailer certificate. 50-27-19. In lieu of any bonding requirement for lottery retailers, the board shall estab lish a fidelity fund separate from all other funds and shall assess each retailer a one-time fee not to exceed $100.00 per sales location. Any losses the corporation experiences due to the misfeasance or malfeasance of a lottery retailer shall be paid out of the fidelity fund. The director is authorized to invest the funds in the fidelity fund or to place such funds in one or more interest-bearing accounts. At the end of each fiscal year, the director shall pay to the general lottery fund any amount in the fidelity fund which exceeds $500,000.00, and such funds shall be commingled with and treated as net proceeds from the lottery. Any time the balance in the fidelity fund falls below $250,000.00, the director is authorized to assess each lottery retailer an amount not to exceed $50.00 per sales location every six months to re plenish the fund. Notwithstanding any other provision of this Code section to the contrary, the corporation is authorized to make such assessment to each retailer in any amount neces sary to keep the fidelity fund fiscally sound. 50-27-20. (a) Any retail contract executed by the corporation pursuant to this chapter shall specify the reasons for which a contract may be canceled, suspended, revoked, or ter minated by the corporation, which reasons shall include but not be limited to: (1) Commission of a violation of this chapter, a regulation, or a policy or procedure of the corporation; (2) Failure to accurately or timely account for lottery tickets, lottery games, revenues, or prizes as required by the corporation; (3) Commission of any fraud, deceit, or misrepresentation; (4) Insufficient sales; (5) Conduct prejudicial to public confidence in the lottery; (6) The retailer filing for or being placed in bankruptcy or receivership; (7) Any material change as determined in the sole discretion of the corporation in any matter considered by the corporation in executing the contract with the retailer; or (8) Failure to meet any of the objective criteria established by the corporation pursuant to this chapter. (b) If, in the discretion of the chief executive officer or his designee cancellation, denial, revocation, suspension, or rejection of renewal of a lottery retailer contract is in the best interest of the lottery, the public welfare, or the State of Georgia, the chief executive officer or his designee may cancel, suspend, revoke, or terminate, after notice and a right to a 1264 JOURNAL OF THE SENATE hearing, any contract issued pursuant to this chapter. Such contract may, however, be tem porarily suspended by the chief executive officer or his designee without prior notice pend ing any prosecution, hearing, or investigation, whether by a third party or by the chief exec utive officer. A contract may be suspended, revoked, or terminated by the chief executive officer or his designee for any one or more of the reasons enumerated in this Code section. Any hearing held shall be conducted by the chief executive officer or his designee. A party to the contract aggrieved by the decision of the chief executive officer or his designee may appeal the adverse decision to the board. Such appeal shall be pursuant to the regulations, policies, and procedures set by the board and is not subject to Chapter 13 of this title, the 'Georgia Administrative Procedure Act.' 50-27-21. (a) All proceeds from the sale of the lottery tickets or shares shall constitute a trust fund until paid to the corporation either directly or through the corporation's author ized collection representative. A lottery retailer and officers of a lottery retailer's business shall have a fiduciary duty to preserve and account for lottery proceeds and lottery retailers shall be personally liable for all proceeds. Proceeds shall include unsold instant tickets re ceived by a lottery retailer and cash proceeds of the sale of any lottery products, net of allowable sales commissions and credit for lottery prizes sold to or paid to winners by lot tery retailers. Sales proceeds and unused instant tickets shall be delivered to the corporation or its authorized collection representative upon demand. (b) The corporation shall require retailers to place all lottery proceeds due the corpora tion in accounts in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid over to the corporation. At the time of such deposit, lottery proceeds shall be deemed to be the property of the corporation. The corporation may re quire a retailer to establish a single separate electronic funds transfer account where availa ble for the purpose of receiving moneys from ticket or share sales, making payments to the corporation, and receiving payments for the corporation. Unless otherwise authorized in writing by the corporation, each lottery retailer shall establish a separate bank account for lottery proceeds which shall be kept separate and apart from all other funds and assets and shall not be commingled with any other funds or assets. (c) Whenever any person who receives proceeds from the sale of lottery tickets or shares in the capacity of a lottery retailer becomes insolvent or dies insolvent, the proceeds due the corporation from such person or his estate shall have preference over all debts or demands. 50-27-22. If a lottery retailer's rental payments for the business premises are contractu ally computed, in whole or in part, on the basis of a percentage of retail sales and such computation of retail sales is not explicitly defined to include sales of tickets or shares in a state operated or state managed lottery, only the compensation received by the lottery re tailer from the corporation may be considered the amount of the lottery retail sale for pur poses of computing the rental payment. 50-27-23. (a) No person shall sell a ticket or share at a price other than established by the corporation unless authorized in writing by the chief executive officer. No person other than a duly certified lottery retailer shall sell lottery tickets, but this subsection shall not be construed to prevent a person who may lawfully purchase tickets or shares from making a gift of lottery tickets or shares to another. Nothing in this chapter shall be construed to prohibit the corporation from designating certain of its agents and employees to sell or give lottery tickets or shares directly to the public. (b) Lottery tickets or shares may be given by merchants as a means of promoting goods or services to customers or prospective customers subject to prior approval by the corporation. (c) No lottery retailer shall sell a lottery ticket or share except from the locations listed in his contract and as evidenced by his certificate of authorization unless the corporation authorizes in writing any temporary location not listed in his contract. (d) No lottery tickets or shares shall be sold to persons under 18 years of age, but this THURSDAY, FEBRUARY 27, 1992 1265 Code section does not prohibit the purchase of a lottery ticket or share by a person 18 years of age or older for the purpose of making a gift to any person of any age. In such case, the corporation shall direct payment of proceeds of any lottery prize to an adult member of the person's family or a legal representative of the person on behalf of such person. The person named as custodian shall have the same powers and duties as prescribed for a custodian pursuant to Article 5 of Chapter 5 of Title 44. 50-27-24. (a) Proceeds of any lottery prize shall be subject to the Georgia state income tax. (b) Any attachments, garnishments, or executions authorized and issued pursuant to law shall be withheld if timely served upon the corporation. This subsection shall not apply to a retailer. (c) The corporation shall adopt regulations, policies, and procedures to establish a sys tem of verifying the validity of tickets or shares claimed to win prizes and to effect payment of such prizes, except that: (1) No prize, any portion of a prize, or any right of any person to a prize awarded shall be assignable. Any prize or any portion of a prize remaining unpaid at the death of a prize winner shall be paid to the estate of the deceased prize winner or to the trustee of a trust established by the deceased prize winner as settlor if a copy of the trust document or instru ment has been filed with the corporation along with a notarized letter of direction from the settlor and no written notice of revocation has been received by the corporation prior to the settlor's death. Following a settlor's death and prior to any payment to such a successor trustee, the corporation shall obtain from the trustee a written agreement to indemnify and hold the corporation harmless with respect to any claims that may be asserted against the corporation arising from payment to or through the trust. Notwithstanding any other provi sions of this Code section, any person, pursuant to an appropriate judicial order, shall be paid the prize to which a winner is entitled; (2) No prize shall be paid arising from claimed tickets that are stolen, counterfeit, al tered, fraudulent, unissued, produced or issued in error, unreadable, not received, or not recorded by the corporation within applicable deadlines; lacking in captions that conform and agree with the play symbols as appropriate to the particular lottery game involved; or not in compliance with such additional specific regulations and public or confidential valida tion and security tests of the corporation appropriate to the particular lottery game involved; (3) No particular prize in any lottery game shall be paid more than once, and in the event of a determination that more than one claimant is entitled to a particular prize, the sole remedy of such claimants is the award to each of them of an equal share in the prize; and (4) A holder of a winning cash ticket or share from a lottery game shall claim a cash prize within 180 days, or for a multistate or multisovereign lottery game within 180 days, after the drawing in which the cash prize was won. In any Georgia lottery game in which the player may determine instantly if he has won or lost, he shall claim a cash prize within 90 days, or for a multistate lottery game within 180 days, after the end of the lottery game. If a valid claim is not made for a cash prize within the applicable period, the cash prize shall constitute an unclaimed prize for purposes of Code Section 50-27-24. (d) No prize shall be paid upon a ticket or share purchased or sold in violation of this chapter. Any such prize shall constitute an unclaimed prize for purposes of this Code section. (e) The corporation is discharged of all liability upon payment of a prize. (f) No ticket or share shall be purchased by and no prize shall be paid to any member of the board of directors; any officer or employee of the corporation; or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person. No ticket or share shall be purchased by and no prize shall 1266 JOURNAL OF THE SENATE be paid to any officer, employee, agent, or subcontractor of any vendor or to any spouse, child, brother, sister, or parent residing as a member of the same household in the principal place of residence of any such person if such officer, employee, agent, or subcontractor has access to confidential information which may compromise the integrity of the lottery. (g) No lottery game utilizing an electronic or mechanical machine may use a machine which dispenses coins or currency. (h) Unclaimed prize money shall not constitute net lottery proceeds. A portion of un claimed prize money, not to exceed $200,000.00 annually, shall be directed to the Depart ment of Human Resources for the treatment of compulsive gambling disorder and educa tional programs related to such disorder. In addition, unclaimed prize money may be added to the pool from which future prizes are to be awarded or used for special prize promotions. 50-27-25. (a) Except as authorized in this chapter, the corporation is subject to the provisions of Article 4 of Chapter 18 of this title and Chapter 14 of this title. The corpora tion is specifically authorized to determine which information relating to the operation of the lottery is confidential. Such information includes trade secrets; security measures, sys tems, or procedures; security reports; information concerning bids or other contractual data, the disclosure of which would impair the efforts of the corporation to contract for goods or services on favorable terms; employee personnel information unrelated to compensation, du ties, qualifications, or responsibilities; and information obtained pursuant to investigations which is otherwise confidential. Information deemed confidential pursuant to this Code sec tion is exempt from the provisions of Article 4 of Chapter 18 of this title. Meetings or por tions of meetings devoted to discussing information deemed confidential pursuant to this Code section are exempt from Chapter 14 of this title. (b) The corporation shall perform full criminal background investigations prior to the execution of any vendor contract. (c) The corporation or its authorized agent shall: (1) Conduct criminal background investigations and credit investigations on all poten tial retailers; (2) Supervise ticket or share validation and lottery drawings; (3) Inspect at times determined solely by the corporation the facilities of any vendor or lottery retailer in order to determine the integrity of the vendor's product or the operations of the retailer in order to determine whether the vendor or the retailer is in compliance with its contract; (4) Report any suspected violations of this chapter to the appropriate district attorney or the Attorney General and to any law enforcement agencies having jurisdiction over the violation; and (5) Upon request, provide assistance to any district attorney, the Attorney General, or a law enforcement agency investigating a violation of this chapter. 50-27-26. Any person who knowingly sells a lottery ticket or share to a person under 18 years of age or permits a person under 18 years of age to play any lottery games shall be fined not less than $100.00 nor more than $500.00 for the first offense and for each subse quent offense not less than $200.00 nor more than $1,000.00. It shall be an affirmative de fense to a charge of a violation under this Code section that the retailer reasonably and in good faith relied upon representation of proof of age in making the sale. 50-27-27. (a) Any person who, with intent to defraud, falsely makes, alters, forges, ut ters, passes, or counterfeits a state lottery ticket shall be punished by a fine not to exceed $50,000.00 or imprisonment for not longer than five years or both. (b) Any person who influences or attempts to influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery equipment or materials shall be punished by a fine not to exceed $50,000.00 or by imprisonment for not longer than five years or both. THURSDAY, FEBRUARY 27, 1992 1267 50-27-28. No person shall knowingly or intentionally make a material false statement in any application for a license or proposal to conduct lottery activities or make a material false entry in any book or record which is compiled or maintained or submitted to the board pursuant to the provisions of this chapter. Any person who violates the provisions of this Code section shall be punished by a fine not to exceed $25,000.00 or the dollar amount of the false entry or statement, whichever is greater, or by imprisonment for not longer than five years or both. 50-27-29. (a) The corporation may enter into intelligence sharing, reciprocal use, or re stricted use agreements with the federal government, law enforcement agencies, lottery reg ulation agencies, and gaming enforcement agencies of other jurisdictions which provide for and regulate the use of information provided and received pursuant to the agreement. (b) Records, documents, and information in the possession of the corporation received pursuant to an intelligence-sharing, reciprocal use, or restricted use agreement entered into by the corporation with a federal department or agency, any law enforcement agency, or the lottery regulation or gaming enforcement agency of any jurisdiction shall be considered in vestigative records of a law enforcement agency and are not subject to Article 4 of Chapter 18 of this title and shall not be released under any condition without the permission of the person or agency providing the record or information. 50-27-30. (a) The corporation shall enter into its contracts for major procurements after competitive bidding. The requirement for competitive bidding does not apply in the case of a single vendor having exclusive rights to offer a particular service or product. Procedures adopted by the board shall be designed to allow the selection of proposals that provide the greatest long-term benefit to the state, the greatest integrity for the corporation, and the best service and products for the public. (b) In any bidding process, the corporation may administer its own bidding and pro curement or may utilize the services of the Department of Administrative Services or other state agency or subdivision thereof. 50-27-31. (a) Any retailer, vendor, or applicant for a retailer or vendor contract ag grieved by an action of the board may appeal that decision to the Superior Court of Fulton County. (b) The Superior Court of Fulton County shall hear appeals from decisions of the board and based upon the record of the proceedings before the board may reverse the decision of the board only if the appellant proves the decision to be: (1) Clearly erroneous; (2) Arbitrary and capricious; (3) Procured by fraud; (4) A result of substantial misconduct by the board; or (5) Contrary to the United States Constitution or the Constitution of Georgia or the provisions of this chapter. (c) The superior court may remand an appeal to the board to conduct further hearings. (d) Any person who appeals the award of a major procurement contract for the supply of a lottery ticket system, share system, or an on-line or other mechanical or electronic system shall be liable for all costs of appeal and defense in the event the appeal is denied or the contract award upheld. Cost of appeal and defense shall specifically include but not be limited to court costs, bond, legal fees, and loss of income to the corporation resulting from institution of the appeal if, upon the motion of the corporation, the court finds the appeal to have been frivolous. 50-27-32. (a) The corporation may borrow, or accept and expend, in accordance with the provisions of this chapter, such moneys as may be received from any source, including income from the corporation's operations, for effectuating its corporate purposes, including 1268 JOURNAL OF THE SENATE the payment of the initial expenses of initiation, administration, and operation of the corpo ration and the lottery. (b) Any debt of the corporation may be validated pursuant to the provisions of subsec tion (e) of Code Section 50-17-25, and the provisions of such subsection relating to the State Financing and Investment Commission shall be deemed to apply to the corporation. (c) The corporation shall be self-sustaining and self-funded. Moneys in the state general fund shall not be used or obligated to pay the expenses of the corporation or prizes of the lottery, and no claim for the payment of an expense of the lottery or prizes of the lottery may be made against any moneys other than moneys credited to the corporation operating account. (d) The corporation may purchase, lease, or lease-purchase such goods or services as are necessary for effectuating the purposes of this chapter. The corporation may make procure ments which integrate functions such as lottery game design, lottery ticket distribution to retailers, supply of goods and services, and advertising. In all procurement decisions, the corporation shall take into account the particularly sensitive nature of the state lottery and shall act to promote and ensure security, honesty, fairness, and integrity in the operation and administration of the lottery and the objectives of raising net proceeds for the benefit of educational programs and purposes. 50-27-33. (a) To ensure the financial integrity of the lottery, the corporation through its board of directors shall: (1) Submit quarterly and annual reports to the Governor, state auditor, and the over sight committee created by Code Section 50-27-34, disclosing the total lottery revenues, prize disbursements, operating expenses, and administrative expenses of the corporation during the reporting period. The annual report shall additionally describe the organizational structure of the corporation and summarize the functions performed by each organizational division within the corporation; (2) Adopt a system of internal audits; (3) Maintain weekly or more frequent records of lottery transactions, including the dis tribution of tickets or shares to retailers, revenues received, claims for prizes, prizes paid, prizes forfeited, and other financial transactions of the corporation; (4) Contract with a certified public accountant or firm for an annual financial audit of the corporation. The certified public accountant or firm shall have no financial interest in any vendor with whom the corporation is under contract. The certified public accountant or firm shall present an audit report not later than seven months after the end of the fiscal year. The certified public accountant or firm shall evaluate the internal auditing controls in effect during the audit period. The cost of this annual financial audit shall be an operating expense of the corporation. The state auditor may at any time conduct an audit of any phase of the operations of the Georgia Lottery Corporation at the expense of the state and shall receive a copy of the annual independent financial audit. A copy of any audit per formed by the certified public accountant or firm or the state auditor shall be transmitted to the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives, the state auditor, and the oversight committee chairperson; (5) Submit to the Office of Planning and Budget and the state auditor by June 30 of each year a copy of the annual operating budget for the corporation for the next fiscal year. This annual operating budget shall be approved by the board and be on such forms as prescribed by the Office of Planning and Budget; (6) For informational purposes only, submit to the Office of Planning and Budget on September 1 of each year a proposed operating budget for the corporation for the suc ceeding fiscal year. This budget proposal shall also be accompanied by an estimate of the net proceeds to be deposited into the Lottery for Education Account during the succeeding fiscal year. This budget shall be on such forms as prescribed by the Office of Planning and Budget; and THURSDAY, FEBRUARY 27, 1992 1269 (7) Adopt the same fiscal year as that used by state government. 50-27-34. (a) There is created as a joint committee of the General Assembly the Georgia Lottery Corporation Legislative Oversight Committee, to be composed of the members of the House Committee on Industry and the Senate Committee on Economic Development. The chairmen of such committees shall serve as cochairmen of the oversight committee. The oversight committee shall periodically inquire into and review the operations of the Georgia Lottery Corporation, as well as periodically review and evaluate the success with which the authority is accomplishing its statutory duties and functions as provided in this chapter. The oversight committee may conduct any independent audit or investigation of the author ity it deems necessary. (b) The Georgia Lottery Corporation shall provide the oversight committee not later than December 1 of each year with a complete report of the level of participation of minor ity businesses in all retail and major procurement contracts awarded by the corporation." Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no man ner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall become effective upon ratification by the voters of this state at the 1992 November general election of that proposed amendment to Article 1, Section II of the Constitution authorizing the General Assembly to provide by law for a lottery or lotter ies run by or on behalf of the state; provided, however, that if such amendment is not so ratified, this Act shall be null and void and shall stand repealed in its entirety; and pro vided, further, that the portion of Section 2 of this Act which enacts Code Sections 50-27-5 and 50-27-6 shall become effective upon approval by the Governor or upon this Act becom ing law without such approval. Section 5. All laws and parts of laws in conflict with this Act are repealed. Senator Edge of the 28th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by striking on lines 1 through 4 on page 1 the following: "amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to ex emptions from sales and use taxes, so as to provide that the sale of lottery tickets shall be exempt from such taxes;". By striking on lines 14 through 22 of page 2 the following: "Section 1. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxes, is amended by striking the word 'or' at the end of paragraph (52), by striking the symbol'.' at the end of paragraph (53) and inserting in lieu thereof the symbol and word '; or', and by inserting immediately following paragraph (53) the following: '(54) The sale of lottery tickets authorized by Chapter 27 of Title 50.'" ber "B1y".striking on line 23 of page 2 the number "2" and inserting in lieu thereof the num By striking on line 15 of page 44 the number "3" and inserting in lieu thereof the number "2". By striking on line 27 of page 44 the number "4" and inserting in lieu thereof the number "3". 1270 JOURNAL OF THE SENATE ber "B4y".striking on line 7 of page 45 the number "5" and inserting in lieu thereof the num On the adoption of the amendment offered by Senator Edge of the 28th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Burton Collins Dean Echols Edge Perry Phillips Tysinger White Those voting in the negative were Senators: Baldwin Bishop Bowen Broun of 46th Clay Coleman Dawkins Deal Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Brown of 26th Langford Newbill Ragan of 32nd Shumake Taylor On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 11, nays 39, and the amendment was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by inserting on line 33 of page 10, immediately following the symbol ".", the following: "The chief executive officer's salary shall in no event be greater than that paid to the Governor." Senator Egan of the 40th offered the following amendment: Amend the amendment offered by Senator Collins of the 17th (0139) to the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by striking the word "salary" on line 7 and substituting "compensation". On the adoption of the amendment offered by Senator Egan to the amendment offered by Senator Collins of the 17th, the yeas were 23, nays 6, and the amendment was adopted. On the adoption of the amendment offered by Senator Collins of the 17th, as amended, the President ordered a roll call, and the vote was as follows: THURSDAY, FEBRUARY 27, 1992 1271 Those voting in the affirmative were Senators: Albert Bowen Burton Clay Collins Echols Edge Egan Newbill Perry Phillips Ragan of 10th Ragan of 32nd Timmons Tysinger Those voting in the negative were Senators: Alien Baldwin Bishop Broun of 46th Coleman Dean English Foster Garner Gillis Hammill Harris Hasty Henson Hm Hooks Huggins Johnson Kidd Marable Moye Perdue Ramsey Ray Robinson Scott Starr Tate Taylor Walker of 22nd Walker of 43rd White Those not voting were Senators: Brown of 26th Langford Pollard Shumake Steinberg Thompson Turner On the adoption of the amendment offered by Senator Collins of the 17th, as amended, the yeas were 15, nays 34, and the amendment was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by inserting on line 22 of page 13, between the symbol ";" and the word "and", the following: "provided, however, that such activity shall be authorized only in publicly owned inter national airports;" On the adoption of the amendment offered by Senator Collins of the 17th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Bowen Burton Collins Edge Newbill Phillips Those voting in the negative were Senators: Albert Alien Baldwin Bishop Broun of 46th Clay Coleman Dawkins Deal Dean Echols Egan English Foster Gillis Hammill Ragan of 32nd Tysinger Harris Hasty Henson Hill Hooks Huggins Johnson Kidd 1272 JOURNAL OF THE SENATE Marable Perdue Perry Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Brown of 26th Garner Langford Moye Pollard Shumake On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 8, nays 42, and the amendment was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by striking on line 3 of page 19 the word "estimate" and inserting in lieu thereof the word "state". By striking on line 5 of page 19 the words "to be" and inserting in lieu thereof the words "which were". By inserting on line 6 of page 19, following the words "during the", the words "most recent". By striking from lines 6 through 10 of page 19 the following: "and the amount of unappropriated surplus estimated to be accrued in the account at the beginning of the fiscal year. The sum of estimated net proceeds, treasury earnings thereon, and unappropriated surplus", and inserting in lieu thereof the words "together with earnings thereon, which". On the adoption of the amendment offered by Senator Collins of the 17th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bowen Burton Clay Collins Edge Newbill Phillips Ragan of 32nd Tysinger White Those voting in the negative were Senators: Baldwin Bishop Broun of 46th Coleman Dawkins Ectols TJ English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Hu**ins Johnson Kidd Marable Moye Perdue Perry Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Turner Walker of 22nd Walker of 43rd THURSDAY, FEBRUARY 27, 1992 1273 Those not voting were Senators: Brown of 26th Deal Langford Pollard Shumake Thompson Timmons On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 12, nays 37, and the amendment was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by striking on line 18 of page 25 the words "and directed". On the adoption of the amendment offered by Senator Collins of the 17th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bowen Burton Collins Edge Egan Newbill Perry Phillips Ragan of 32nd Tysinger White Those voting in the negative were Senators: Baldwin Bishop Broun of 46th Clav Pawkms }:eal Dean English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson T^-JJ Kldd u Marable Mye Perdue Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate mi Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Alien Brown of 26th Coleman Echols Langford Pollard Shumake On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 12, nays 37, and the amendment was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by striking on lines 16 through 19 of page 33 the following: "(b) Lottery tickets or shares may be given by merchants as a means of promoting goods or services to customers or prospective customers subject to prior approval by the corporation." 1274 JOURNAL OF THE SENATE By striking from lines 20 and 26 of page 33 the letters "c" and "d", respectively, and inserting in lieu thereof, respectively, the letters "b" and "c". On the adoption of the amendment offered by Senator Collins of the 17th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Bowen Burton Clay Collins Edge Egan Newbill Perry Phillips Ragan of 32nd White Those voting in the negative were Senators: Albert Baldwin Bishop Broun of 46th Dawkins Deal Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg _ ,ia , Taylor Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Alien Brown of 26th Coleman Langford Shumake Thompson Tysinger On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 11, nays 38, and the amendment was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by striking from lines 27 through 34 of page 33 and 1 through 3 of page 34 the following: ", but this Code section does not prohibit the purchase of a lottery ticket or share by a person 18 years of age or older for the purpose of making a gift to any person of any age. In such case, the corporation shall direct payment of proceeds of any lottery prize to an adult member of the person's family or a legal representative of the person on behalf of such person. The person named as custodian shall have the same powers and duties as prescribed for a custodian pursuant to Article 5 of Chapter 5 of Title 44". On the adoption of the amendment offered by Senator Collins of the 17th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bowen Burton Clay Collins Edge THURSDAY, FEBRUARY 27, 1992 1275 Newbill Perry Phillips Ragan of 10th Ragan of 32nd Thompson White Those voting in the negative were Senators: Baldwin Bishop Broun of 46th Coleman Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Alien Brown of 26th Henson Langford Pollard Shumake Tysinger On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 13, nays 36, and the amendment was lost. Senator Collins of the 17th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by striking on line 24 of page 36 the word "not". By striking on line 25 of page 36 the symbol and word ". A" and inserting in lieu thereof the symbol and words "; provided, however, that a". By striking on lines 29 through 31 of page 36 the following: "In addition, unclaimed prize money may be added to the pool from which future prizes are to be awarded or used for special prize promotions." On the adoption of the amendment offered by Senator Collins of the 17th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Burton Clay Collins Edge Egan Newbill Phillips Ragan of 32nd Tysinger White Those voting in the negative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Coleman Dawkins Deal Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins 1276 JOURNAL OF THE SENATE Johnson Kidd Marable Moye Perdue Perry Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Walker of 22nd Walker of 43rd Those not voting were Senators: Brown of 26th Langford Pollard Shumake Thompson Turner On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 11, nays 39, and the amendment was lost. Senator Garner of the 30th moved that Senator Brown of the 26th be excused from the Senate due to a family emergency. On the motion, the yeas were 40, nays 0; the motion prevailed, and Senator Brown of the 26th was excused from the Senate. Senator Newbill of the 56th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by adding on page 8 line 26 after "(f)" the following: "Upon approval by the chairperson, members" and striking the word "Members". On the adoption of the amendment offered by Senator Newbill of the 56th, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th v^ton ^ LC/ooflileinmsan Dawkins peaj Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hagty Henson HT"Tiolol k, s Huggms Johnson Marable Mye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott S0Stt, eair.nrbLerg Tate Taylor Thompson Timmons Turner Tysinger White Voting in the negative were Senators Kidd and Walker of 43rd. Those not voting were Senators: Brown of 26th (excused) Pollard Langford Shumake Walker of 22nd THURSDAY, FEBRUARY 27, 1992 1277 On the adoption of the amendment offered by Senator Newbill of the 56th, the yeas were 49, nays 2, and the amendment was adopted. Senator Henson of the 55th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities by inserting on line 17 of page 13, immediately following the symbol ";", the following: "provided, however, that expenditures for advertising shall not exceed 4 percent of gross revenues in any fiscal year;" On the adoption of the amendment offered by Senator Henson of the 55th, the yeas were 14, nays 26, and the amendment was lost. Senator Echols of the 6th offered the following amendment: Amend the substitute to HB 1541 offered by the Senate Committee on Finance and Public Utilities on page 17, line 31, by changing "45" to "50". On the adoption of the amendment offered by Senator Echols of the 6th, Senator Dawkins of the 45th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Bowen Clay CEcohlloinlss Egan English Garner Gillis Hammill HHoenoskos n Kidd Perry Phillips Ragan of 10th j^ b_cott Timmons Turner Those voting in the negative were Senators: Albert Alien Baldwin Broun of 46th Burton Deal Dean Edge Foster Harris Hasty Hill Huggins Johnson Mo?'* Newbill Perdue Pollard Ramsey Robinson Starr Steinberg Tate Tavlor TMompson Tysmger Walker of 22nd Walker of 43rd White Those not voting were Senators: Brown of 26th (excused) Ragan of 32nd Langford Shumake On the adoption of the amendment by Senator Echols of the 6th, the yeas were 20, nays 32, and the amendment was lost. 1278 JOURNAL OF THE SENATE On the adoption of the substitute, the yeas were 48, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Clay Coleman Dawkins TU\cna ll Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill 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 voting in the negative were Senators: Burton Collins Perdue Perry Phillips Pollard Tysinger Those not voting were Senators: Brown of 26th (excused) Langford Shumake On the passage of the bill, the yeas were 46, nays 7. The bill, having received the requisite constitutional majority, was passed by substitute. Lieutenant Governor Howard introduced "Rhubarb" Jones, who, having been com mended by SR 500 adopted previously, introduced his wife, Charm, and briefly addressed the Senate. The President announced that the Senate would stand in recess from 12:40 o'clock P.M. until 1:45 o'clock P.M. At 1:45 o'clock P.M., the President called the Senate to order. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption. SR 477. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: THURSDAY, FEBRUARY 27, 1992 1279 A RESOLUTION Proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund from which funds shall be disbursed for transportation pur poses; to provide for payments into the fund and disbursements therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by redesignating existing subparagraph (b) as subparagraph (b)(l) and adding a new subparagraph (2) to read as follows: "(2) A Transportation Trust Fund is created. An amount equal to all moneys derived from any increase in motor fuel taxes above 7 V4 VTD: 0029 RIVERDALE 4 VTD: 0030 RIVERDALE 5 VTD: 0031 RIVERDALE 6 VTD: 0032 RIVERDALE 7 VTD: 0038 JONESBORO 4 AND JONESBORO 9 VTD: 0039 JONESBORO 10 VTD: 0040 JONESBORO 12 VTD: 0041 LAKE CITY 1 VTD: 0042 JONESBORO 11 CRAWFORD COUNTY VTD: 0003 3 (Part) Tract: 0701. Block(s): 101, 102, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128 Tract: 0702. Block(s): 101, 102, 104, 105, 106, 107, 108, 109 VTD: 0004 4 VTD: 0005 5 VTD: 001A 1A (Part) Tract: 0702. Block(s): 304, 343, 344, 345, 354, 355, 357, 358, 359, 387, 389, 390, 391, 392, 393, 394, 395 HENRY COUNTY VTD: 0010 FLIPPEN VTD: 0015 HAMPTON VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0701.02 Block(a): 161, 162, 201, 202, 203, 204, 205, 206 Tract: 0701.03 Block(s): 101, 102, 103, 104, 130A, 130C, 132B, 133, 134, 135, 136, 137, 138, 139, 201B, 238B, 239B, 240B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324B, 325, 326B, 326C, 327, 328, 329, 330, 331, 332, 401, 402, 403, 404, 405B, 406B, 441, 442B, 443B, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 467, 468, 469 Tract: 0702.01 Block(s): 102, 103, 104, 105, 106, 107, 108, 109 VTD: 0025 LOCUST GROVE VTD: 0035 LOWES VTD: 0040 MCDONOUGH AND WESTSIDE VTD: 0045 MCMULLEN (Part) Tract: 0702.02 Block(s): 226 VTD: 0050 SANDY RIDGE VTD: 0055 SHAKERAG VTD: 0060 SIXTH VTD: 0065 STOCKBRIDGE VTD: 0075 TUSSAHAW MUSCOGEE COUNTY VTD: 0006 WYNNTON VTD: 0015 EDGEWOOD VTD: 0016 GENTIAN VTD: 0017 BRITT DAVID VTD: 0018 BLANCHARD VTD: 0019 REESE ROAD VTD: 0020 MORNINGSIDE VTD: 0021 MIDLAND VTD: 0022 UPATOI 1290 JOURNAL OF THE SENATE VTD: 0023 WOOD VTD: 0024 NORTH HIGHLAND (Part) Tract: 0005. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 207, 208, 209, 210, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 Tract: 0006. Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 118, 119, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218 VTD: 0026 SAINT ELMO (Part) Tract: 0012. Block(s): 103, 105, 121, 122, 123, 201, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219 VTD: 0027 CLUBVIEW VTD: 0028 BIBB CITY VTD: 0029 JOHNSON VTD: 0030 ARNOLD VTD: 0031 BEALLWOOD VTD: 0032 DOUBLE CHURCHES VTD: 0033 FORTSON VTD: 0034 21A VTD: 0035 32B PEACH COUNTY VTD: 0005 DISTRICT 1 VTD: 0020 BYRON District: 4 ROCKDALE COUNTY DEKALB COUNTY VTD: 0001 ALLGOOD VTD: 0003 ASHFORD PARK VTD: 0006 AVONDALE ESTATES VTD: 0008 BRIAR VISTA VTD: 0009 BRIARCLIFF NORTH VTD: 0010 BRIARCLIFF SOUTH VTD: 0011 BRIARLAKE VTD: 0012 BRIARWOOD VTD: 0013 BROCKETT VTD: 0014 CALLANWOLDE VTD: 0017 CARRIAGE CLUSTER AND WOODRIDGE VTD: 0020 CHAMBLEE NORTH VTD: 0021 CHAMBLEE SOUTH VTD: 0024 CLAIRMONT VTD: 0025 CLAIRMONT HILLS VTD: 0028 CORALWOOD VTD: 0030 CROSS KEYS VTD: 0032 DORAVILLE NORTH VTD: 0033 DORAVILLE SOUTH VTD: 0034 DRESDEN VTD: 0035 DRUID HILLS AND MARY LIN VTD: 0036 DUNAIRE VTD: 0040 EMBRY HILLS VTD: 0041 EMORY VTD: 0042 EPWORTH VTD: 0043 EVANSDALE VTD: 0045 FERNBANK VTD: 0047 FORREST HILLS THURSDAY, FEBRUARY 27, 1992 1291 VTD: 0048 GLENNWOOD VTD: 0051 HAMBRICK VTD: 0052 HAWTHORNE VTD: 0053 HENDERSON MILL VTD: 0054 HERITAGE VTD: 0056 HUGH HOWELL VTD: 0058 IDLEWOOD VTD: 0061 JOHNSON ESTATES VTD: 0062 JOLLY VTD: 0067 LAKESIDE VTD: 0068 LAUREL RIDGE VTD: 0069 LAVISTA AND LIVSEY VTD: 0072 MAINSTREET NORTH VTD: 0073 MAINSTREET SOUTH VTD: 0074 MARGARET HARRIS VTD: 0076 MCCLENDON VTD: 0079 MEDLOCK VTD: 0080 MEMORIAL NORTH VTD: 0081 MEMORIAL SOUTH VTD: 0086 MONTCLAIR VTD: 0087 MONTREAL VTD: 0091 NORTH DECATUR VTD: 0092 NORTHLAKE VTD: 0093 NORTHWOODS VTD: 0094 OAK GROVE VTD: 0095 OAKCLIFF VTD: OOAC PINE LAKE VTD: OOAD PLEASANTDALE VTD: OOAE PONCE DE LEON VTD: OOAK REHOBOTH VTD: GOAL ROCKBRIDGE VTD: 00AM ROCK CHAPEL VTD: OOAQ ROWLAND ROAD VTD: OOAR SAGAMORE VTD: OOAU SCOTT VTD: OOAX SILVER HILL VTD: OOAY SILVER LAKE VTD: OOBA SKYLAND VTD: OOBB SMOKE RISE VTD: OOBD SOUTH DECATUR VTD: OOBF STONE MILL VTD: OOBG STONE MOUNTAIN VTD: OOBP TUCKER VTD: OOBU WARREN VTD: OOBW WESLEY WOODS VTD: OOBX WESTCHESTER VTD: OOCB WINNONA FULTON COUNTY VTD: 0077 6A VTD: 0079 6C VTD: 0080 6D VTD: 0081 6E GWINNETT COUNTY VTD: 0002 1295B VTD: 0003 405A VTD: 0004 405B VTD: 0005 405C 1292 JOURNAL OF THE SENATE VTD: 0006 405D VTD: 0007 405E VTD: 0008 405F VTD: 0009 405G VTD: 0010 408A VTD: 0011 408B VTD: 0012 408C VTD: 0013 408D VTD: 0014 408E VTD: 0015 408F VTD: 0016 408G VTD: 0019 1263B VTD: 0021 1578A VTD: 0022 1578B VTD: 0023 1578C VTD: 0028 407A VTD: 0029 407B VTD: 0031 544A VTD: 0032 544B VTD: 0033 544C VTD: 0034 406A VTD: 0035 406B VTD: 0037 406D VTD: 0039 406F VTD: 0040 406G VTD: 0042 4061 VTD: 0043 406J VTD: 0045 571A VTD: 0050 405H VTD: 0051 408H VTD: 0053 1263D VTD: 0054 1578D VTD: 0056 407E VTD: 0057 406K VTD: 0060 406N VTD: 0061 4060 VTD: 0064 4051 VTD: 0065 4081 VTD: 0066 408J VTD: 0068 407F (Part) Tract: 0505.08 Block(s): 801A, 801B, 801C, 801D, 801E, 801F, 802, 803, 804, 805, 806, 807, 808, 809, 810, 811, 812, 813 Tract: 0505.09 Block(s): 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118, 119A, 119B, 119C, 120A, 120B, 121, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 402, 403, 501, 502, 503, 601A, 601B, 601C, 602A, 602B, 603 Tract: 0507.05 Block(s): 120, 121, 162A, 162B, 163 VTD: 0069 544E VTD: 0070 406P VTD: 0071 406Q VTD: 0072 571C VTD: 0073 408K VTD: 0074 404C VTD: 0075 406R THURSDAY, FEBRUARY 27, 1992 1293 VTD: 0076 571D VTD: 0077 571B VTD: 0078 544D District: 5 CLAYTON COUNTY VTD: 0023 OAK 1 (Part) Tract: 0401. Block(s): 301, 302, 303, 304A, 304B, 309, 401A, 401B, 402, 403, 404A, 404B, 404C, 405, 406, 407, 408, 411, 412, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 515, 516, 522, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715, 716, 903A, 904, 905, 913, 914, 915, 916, 917, 918 VTD: 0024 OAK 2 AND OAK 3 VTD: 0026 RIVERDALE 1 VTD: 0028 RIVERDALE 3 VTD: 0033 RIVERDALE 8 COBB COUNTY VTD: 0046 HOWELLS 1 VTD: 0047 HOWELLS 2 DEKALB COUNTY VTD: 0038 EAST LAKE VTD: 0049 GORDON VTD: 0065 KIRKWOOD VTD: 0088 MORELAND VTD: OOAA PETERSON VTD: OOBM TOOMER VTD: OOBY WHITEFOORD NORTH VTD: OOCA WHITEFOORD SOUTH FULTON COUNTY VTD: 0001 1A VTD: 0002 IB VTD: 0003 1C VTD: 0004 ID VTD: 0005 IE VTD: 0008 U VTD: 0010 1L VTD: 0011 1M VTD: 0013 IP VTD: 0014 1R VTD: 0015 IS VTD: 0016 2A VTD: 0017 2B VTD: 0018 2C VTD: 0019 2D VTD: 0020 2E VTD: 0023 2H VTD: 0024 2J VTD: 0025 2K VTD: 0026 2L VTD: 0030 2R VTD: 0031 2S VTD: 0035 2W VTD: 0038 2Z VTD: 0039 3A VTD: 0040 3B VTD: 0041 3C VTD: 0042 3D 1294 VTD: 0043 3E VTD: 0044 3F VTD: 0045 3G VTD: 0046 3H VTD: 0047 3J VTD: 0048 3K VTD: 0049 3L VTD: 0050 3M VTD: 0051 3N VTD: 0052 3P VTD: 0053 3R VTD: 0055 4A VTD: 0056 4B VTD: 0057 4C VTD: 0058 4D VTD: 0059 4E VTD: 0061 4G VTD: 0062 4H VTD: 0064 4K VTD: 0065 4L VTD: 0066 4M VTD: 0067 4N VTD: 0069 4R VTD: 0070 4S VTD: 0071 4T VTD: 0073 5A VTD: 0074 5B VTD: 0076 5K VTD: 0078 6B VTD: 0082 6F VTD: 0083 6G VTD: 0084 6H VTD: 0085 6J VTD: 0086 6K VTD: 0087 6N VTD: 0089 7A VTD: 0090 7B VTD: 0091 7C VTD: 0092 7D VTD: 0094 7F VTD: 0096 7H VTD: 0097 7J VTD: 0098 7K VTD: 0099 7L VTD: OOA1 7M VTD: OOA2 7N VTD: OOA3 7P VTD: OOA4 7R VTD: OOA5 7S VTD: OOA8 8A VTD: OOA9 8B VTD: GOBI 8C VTD: OOB2 8D VTD: OOB3 8E VTD: OOB4 8F VTD: OOB5 8G VTD: OOB6 8H JOURNAL OF THE SENATE THURSDAY, FEBRUARY 27, 1992 1295 VTD: OOB7 8J VTD: OOB8 8K VTD: OOB9 8L VTD: OOC1 8M VTD: OOC2 8N VTD: OOC3 8P VTD: OOC4 8R VTD: OOC7 8V VTD: OOC9 9A VTD: OOD1 9B VTD: OOD2 9C VTD: OOD3 9D VTD: OOD4 9E VTD: OOD5 9F VTD: OOD7 9H VTD: OOE1 9L VTD: OOE3 9N VTD: OOE4 9P VTD: OOE6 98 VTD: OOE7 10A VTD: OOE8 10B VTD: OOE9 10C VTD: OOF1 10D VTD: OOF2 IDE VTD: OOFS 10F VTD: OOF4 10G VTD: OOFS 10H VTD: OOF6 10J VTD: OOF7 10K VTD: OOFS 10L VTD: OOF9 10M VTD: OOG1 ION VTD: OOG2 11A VTD: OOG3 11B VTD: OOG4 11C VTD: OOG5 11D VTD: OOG6 HE VTD: OOG8 11G VTD: OOG9 11H VTD: OOH1 11J VTD: OOH2 UK VTD: OOH3 11L VTD: OOH4 11M VTD: OOH5 UN VTD: OOH6 IIP VTD: OOH7 11R VTD: OOH9 12A VTD: OOJ1 12B VTD: OOJ2 12C VTD: OOJ3 12D VTD: OOJ4 12E VTD: OOJ5 12F VTD: OOJ6 12G VTD: OOJ7 12H VTD: OOJ8 12J VTD: OOJ9 12K VTD: OOK1 12L 1296 JOURNAL OF THE SENATE VTD: OOK2 12M VTD: OOK3 12N VTD: OOK4 12P VTD: OOK6 CP01 VTD: OOK7 CP02 VTD: OOK8 CP03 VTD: OOL1 CP05 VTD: OOL2 CP06 VTD: OOL6 EP01 VTD: OOL7 EP02 VTD: OOL8 EPOS VTD: OOM1 EPOS VTD: OOM2 EP06 VTD: OOM3 EP07 VTD: OOM5 EP09 VTD: OOM6 EP10 VTD: OOM7 EP11 VTD: OOM8 EP12 VTD: OON1 EP14 VTD: OON2 EP15 VTD: OON3 FA01 VTD: OON4 HP01 VTD: OON5 HP02 VTD: OOR1 PA01 VTD: OOT1 SC08 VTD: OOT2 SC09 VTD: OOT3 SC10 VTD: OOT4 SCll VTD: OOT5 SC12 VTD: OOT6 SC13 VTD: OOT7 SC14 VTD: OOT9 SC16 VTD: OOU1 SC17 VTD: OOU3 SC19 VTD: OOU5 SC21 VTD: OOU8 SS02 VTD: OOU9 SS03 VTD: OOV1 SS04 VTD: OOV2 SS05 VTD: OOV3 SS06 VTD: OOV4 SS07 VTD: OOV5 SS08 VTD: OOV6 SS09 VTD: OOV7 SS10 VTD: OOV8 SS11 VTD: OOV9 SS12 VTD: OOW1 SS13 VTD: OOW2 SS14 VTD: OOW4 SS16 VTD: OOW5 SS18 VTD: OOW6 SS19 VTD: OOW7 SS20 VTD: OOW8 SS21 VTD: 00X1 UC01 VTD: 00X2 UC02 VTD: 00X5 SS23 VTD: 00X7 9T THURSDAY, FEBRUARY 27, 1992 1297 VTD: OOY3 SC01 VTD: OOY4 SC02 VTD: OOY5 SC03 VTD: OOY6 SC04 VTD: OOY7 SC05 VTD: OOY9 SC07 District: 6 CHEROKEE COUNTY VTD: 0002 BELLS VTD: 0009 HICKORY FLAT VTD: 0010 LICK SKILLET VTD: 0011 LITTLE RIVER VTD: 0016 WOODSTOCK COBB COUNTY VTD: 0001 ACWORTH VTD: 0003 BELLS FERRY 1 VTD: 0004 BELLS FERRY 2 VTD: 0005 BELLS FERRY 3 VTD: 0006 BIG SHANTY 1 VTD: 0007 BIG SHANTY 2 VTD: 0008 BIG SHANTY 3 VTD: 0010 BISHOP LAKE VTD: 0011 CHATTAHOOCHEE 1 VTD: 0012 CHATTAHOOCHEE 2 VTD: 0013 CHEATHAM HILL 1 VTD: 0014 CHESTNUT RIDGE VTD: 0016 DICKERSON VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 101B, 101C, 101D, 103, 104, 121B, 122B Tract: 0311.03 Block(s): 109B, 110A, HOD, HOE, 110F, 116B, 201B, 204B, 204C, 205C, 205D, 205E, 205F, 206, 207B, 207C, 210B, 211B, 212, 213, 214, 218B, 219, 220, 221B, 222B, 223B, 224B, 224C, 226C, 226D, 226E, 226F, 230B, 231B, 232B, 233B, 234, 235, 236, 237, 239, 301B, 302B, 303C, 303D, 304B, 310B Tract: 0311.07 Block(s): 205B Tract: 0311.08 Block(s): 102A, 102E, 102F, 102G, 103B, 106B, 107B, 201B, 204B, 204C, 204D, 205B, 215B, 411B, 411C VTD: 0018 DOBBINS 2 (Part) Tract: 0303.21 Block(s): 302B, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403B, 403C, 403D Tract: 0304.04 Block(s): 101E, 102B, 103B, 104, 105, 301B, 401C, 401D, 401E, 503B, 504, 601B, 603B Tract: 0304.06 Block(s): 101C, 101D, 101E, 101F, 101G, 301B, 301C, 401C, 401D, 401E, 401F, 501D Tract: 0305.03 Block(s): 208B Tract: 0310.01 Block(s): 910C, 910L, 925B, 925C Tract: 0311.08 Block(s): 102H, 102J, 202B, 209B, 310B, 311, 312, 313B, 313C, 314B, 316, 317, 1298 JOURNAL OF THE SENATE 318, 320B, 321B, 322, 401D, 401E, 403, 404A, 404B, 405A, 405C, 406, 407, 408, 409B, 41 ID VTD: 0019 DODGEN VTD: 0020 DUE WEST VTD: 0021 EASTSIDE VTD: 0022 ELIZABETH 1 (Part) Tract: 0305.01 Block(s): 901B, 902B, 902C, 903B, 904, 905C, 905D, 908B, 909 Tract: 0305.02 Block(s): 601C Tract: 0305.03 Block(s): 108B Tract: 0306. Block(s): 601, 602, 603, 701, 702, 703B, 704B, 705B, 706C, 707, 708B, 708C, 708D, 708E, 708F, 709, 710, 711B, 711C, 711D, 712, 713B VTD: 0023 ELIZABETH 2 VTD: 0024 ELIZABETH 3 VTD: 0025 ELIZABETH 4 VTD: 0026 ELIZABETH 5 AND SEWELL MILL 1 VTD: 0033 FULLERS 1 AND FULLERS 2 VTD: 0035 FULLERS 3 VTD: 0036 FULLERS 4 VTD: 0037 FULLERS 5 VTD: 0038 GARRISON MILL VTD: 0039 GRITTERS 1 VTD: 0040 GRITTERS 2 VTD: 0041 GRITTERS 3 VTD: 0042 GRITTERS 4 VTD: 0043 GRITTERS 5 VTD: 0044 GRITTERS 6 VTD: 0045 GRITTERS 7 VTD: 0049 KENNESAW 1 VTD: 0050 KENNESAW 2 VTD: 0051 LOST MOUNTAIN VTD: 0057 MARIETTA 1 (Part) Tract: 0303.21 Block(s): 302A, 402A, 403A Tract: 0304.04 Block(s) 101A, 101B Tract: 0304.06 Block(s): 101A, 101B, 301A, 401A, 401B, 402A, 402B, 501A, 501B, 501C Tract: 0311.09 Block(s): 101A, 101C VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 108A, 113B, 113C, 113D, 114A, 115A, 115B, 801A, 802A Tract: 0305.01 Block(s): 908A Tract: 0306. Block(s): 703A, 704A, 705A, 706A, 708A, 708G VTD: 0061 MARIETTA 5 (Part) Tract: 0305.01 Block(s): 301A, 307A, 308A, 601A, 601E, 602A, 602B, 602C, 602D, 602E, 604A, 604B, 604C, 605A, 605B, 606A, 606B, 701A, 710A, 711A, 712, 717A, 718A, 901A, 902A, 903A, 905A, 905B, 906, 907 Tract: 0305.02 THURSDAY, FEBRUARY 27, 1992 1299 Block(s): 114A, 201A, 201E, 202A, 202B, 302A, 303A, 303B, 304A, 305A, 311, 312, 313, 314, 315, 316A, 601A, 601B, 603, 604, 605, 606, 607A, 607B Tract: 0306. Block(s): 706B, 711A, 713A VTD: 0062 MARIETTA 6 (Part) Tract: 0304.01 Block(s): 901A, 906A, 907A, 919A, 920A, 920D Tract: 0304.02 Block(s): 601A, 604A, 615A Tract: 0304.04 Block(s): 301A, 302 Tract: 0304.05 Block(s): 101, 102, 103, 104, 201, 202, 203A, 203B, 204, 205A, 401A, 402A, 601A, 602A, 603A, 603B, 701A, 704A, 801, 802, 803 Tract: 0305.02 Block(s): 112A, 114B, 305B, 317A, 318A Tract: 0305.03 Block(s): 101, 102, 103, 104, 105, 106, 107, 108A, 109, 110, 111, 112, 202A, 205A, 207, 208A, 209, 210, 211, 212, 213, 214, 215, 216, 302A, 307A, 307B, 308A, 309A, 309B, 314A, 315A, 315B, 316A, 316B, 317, 318A, 402A, 403, 406A, 407, 408, 409, 410, 411A, 412A, 413A, 414, 415, 416, 417, 418, 419A, 501A, 502A, 502B, 503A, 601, 602, 603, 604 VTD: 0063 MARIETTA 7 (Part) Tract: 0304.04 Block(s): 101C, 101D, 102A, 103A, 201, 202, 303, 401A, 401B, 402, 403, 404, 405, 501, 502, 503A, 601A, 602, 603A. 604, 701, 702, 703, 704, 801 Tract: 0304.05 Block(s): 401B, 406A, 407B, 408, 410 Tract: 0304.06 Block(s): 602A, 602B, 602D, 701A, 801A VTD: 0064 MARS HILL 1 VTD: 0065 MARS HILL 2 VTD: 0066 MARS HILL 3 VTD: 0067 MT. BETHEL 1 VTD: 0068 MT. BETHEL 2 VTD: 0069 MT. BETHEL 3 VTD: 0071 NORTON PARK 1 VTD: 0072 NORTON PARK 2 VTD: 0073 OAKDALE 1 VTD: 0074 OAKDALE 2 VTD: 0075 OREGON 1 VTD: 0079 PARKAIRE VTD: 0081 POST OAK 1 VTD: 0082 POST OAK 2 AND POST OAK 9 VTD: 0083 POST OAK 3 VTD: 0084 POST OAK 4 VTD: 0085 POST OAK 5 VTD: 0086 POST OAK 6 VTD: 0087 POST OAK 8 VTD: 0090 RED ROCK VTD: 0092 SEWELL MILL 2 VTD: 0093 SEWELL MILL 3 AND SEWELL MILL 4 VTD: 0095 SMYRNA 1 VTD: 0096 SMYRNA 2 VTD: 0097 SMYRNA 3 VTD: 0098 SMYRNA 4 VTD: 0099 SMYRNA 5 1300 JOURNAL OF THE SENATE VTD: OOA1 SMYRNA 6 VTD: OOA2 SMYRNA 7 VTD: OOA3 SOPE CREEK 1 VTD: OOA4 SOPE CREEK 2 VTD: OOA5 SOPE CREEK 3 VTD: OOA9 VININGS 1 VTD: OOB1 VININGS 2 VTD: OOB2 VININGS 3 VTD: OOB3 GRITTERS 8 VTD: OOB4 GRITTERS 11 VTD: OOB5 GRITTERS 10 VTD: OOB6 KEMP VTD: OOB7 GRITTERS 9 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 115D, 801C, 802B, 803, 804, 805, 806, 807, 808, 814, 815, 816, 817, 818, 819, 820, 821, 822, 824, 825, 826 VTD: OOC1 OREGON 5 DEKALB COUNTY VTD: 0002 ASHFORD DUNWOODY VTD: 0005 AUSTIN VTD: 0023 CHESTNUT VTD: 0037 DUNWOODY VTD: 0057 HUNTLEY HILLS VTD: 0064 KINGSLEY VTD: 0089 MT VERNON VTD: 0090 NANCY CREEK VTD: 0099 PEACHTREE VTD: OOAW SHALLOWFORD VTD: OOBQ VANDERLYN VTD: OOBR VERMACK FULTON COUNTY VTD: OOK5 AP01 VTD: OON7 MP01 VTD: OON8 NC01 VTD: OON9 NC02 VTD: OOP1 NC03 VTD: OOP2 NC04 VTD: OOPS NC05 VTD: OOP4 NC06 VTD: OOP5 NC07 VTD: OOP6 NCOS VTD: OOP7 NC09 VTD: OOP9 NC11 VTD: OOR2 RW01 VTD: OOR3 RW02 VTD: OOR4 RW03 VTD: OOR5 RW04 VTD: OOR7 RW05 VTD: OOR8 RW06 VTD: OOR9 RW07 VTD: OOU7 SS01 VTD: OOW3 SS15 VTD: OOW9 SS22 VTD: 00X3 AP02 VTD: 00X6 SS17 VTD: OOY2 RW09 THURSDAY, FEBRUARY 27, 1992 1301 GWINNETT COUNTY VTD: 0018 1263A VTD: 0024 404A VTD: 0030 407C VTD: 0036 406C VTD: 0038 406E VTD: 0041 406H VTD: 0049 1604 VTD: 0052 1263C VTD: 0055 407D VTD: 0058 406L VTD: 0059 406M VTD: 0067 404B District: 7 CHATTOOGA COUNTY FLOYD COUNTY BARTOW COUNTY POLK COUNTY PAULDING COUNTY HARALSON COUNTY CARROLL COUNTY DOUGLAS COUNTY HEARD COUNTY TROUP COUNTY COBB COUNTY VTD: 0002 AUSTELL VTD: 0009 BIRNEY 1 VTD: 0015 CLARKDALE VTD: 0017 DOBBINS 1 (Part) Tract: 0311.01 Block(s): 106B VTD: 0018 DOBBINS 2 (Part) Tract: 0304.06 Block(s): 102B Tract: 0308. Block(s): 208, 209C 209D, 215B, 312B, 312C, 318B Tract: 0310.01 Block(s): 901, 902, 903, 904, 905, 906, 907A, 907B, 908B, 909A, 909B, 910E, 910F, 910G, 910H, 910J, 910K, 910M, 910N, 910P, 913, 914, 915A, 915B, 915C, 915D, 916, 917, 918, 919A, 919B, 920, 921, 922, 923, 924A, 924B, 924C Tract: 0311.08 Block(s): 301, 302, 303B, 305, 306, 307, 309 VTD: 0022 ELIZABETH 1 (Part) Tract: 0306. Block(s): 101B, 102B, 103B, 104B, 105, 106B, 106C, 107, 109B, 114, 115B, 115C, 118B, 118C, 119B, 119C, 120B, 121, 122B, 124B, 125B, 127B, 132B, 132C, 201B, 202, 203, 217, 308B, 308C, 325B, 405C, 417B, 419B, 420B, 421B, 422B, 423B, 424F, 424G, 424H, 424J, 424K, 424L, 424M, 425B, 425C, 501A, 501C, 501D, 501E, 502B, 506B, 604, 605, 606C, 606D, 606E, 607B, 607C, 609, 901C, 901D, 902B, 902C, 902D, 902E, 917E VTD: 0027 FAIR OAKS 1 VTD: 0028 FAIR OAKS 2 VTD: 0029 FAIR OAKS 3 VTD: 0030 FAIR OAKS 4 VTD: 0031 FAIR OAKS 5 VTD: 0032 FAIR OAKS 6 (Part) 1302 JOURNAL OF THE SENATE Tract: 0306. Block(s): 108B, 109C, HOC, 113B, 128B Tract: 0307. Block(s): 118C Tract: 0308. Block(s): 206B Tract: 0309.02 Block(s): 123A, 201, 202A, 203A, 204, 205, 206A, 207A, 209, 210, 211, 212, 213, 303, 304, 305, 306, 307, 402B, 402C, 402D, 701B, 701C Tract: 0309.03 Block(s): 101D, 102, 201B, 202B, 202C, 202D Tract: 0310.02 Block(s): 101, 102, 209A, 210C, 213B, 213C, 213D, 224A VTD: 0048 HOWELS 3 VTD: 0052 MABLETON 1 VTD: 0053 MABLETON 2 VTD: 0054 MABLETON 3 VTD: 0055 MABLETON 4 VTD: 0056 MACLAND VTD: 0057 MARIETTA 1 (Part) Tract: 0304.06 Block(s): 102A Tract: 0307. Block(s): 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 309, 310, 314, 315, 318, 321, 322, 323 Tract: 0308. Block(s): 206A, 207, 209A, 209B, 210, 211, 214, 215A, 216, 217, 302, 303, 304, 305, 306, 307, 308, 404, 405, 406, 407, 408, 411, 412, 413, 501, 511, 601, 602, 603, 604, 605, 606, 607, 608, 611, 701, 702, 703, 704, 705, 706, 707, 712, 713, 801, 802, 807, 808 Tract: 0310.01 Block(s): 908A, 910A, 910B, 911, 912 Tract: 0311.09 Block(s): 501, 502, 503A, 504, 505 VTD: 0058 MARIETTA 2A VTD: 0059 MARIETTA 3 (Part) Tract: 0306. Block(s): 219, 222, 223, 224, 227, 228, 229, 230, 231, 232, 233, 302, 303, 304, 305, 307, 308A, 309, 311, 312, 313, 314, 315, 316, 317, 323, 325A, 326, 401, 403 Tract: 0307. Block(s): 401, 407A, 418 Tract: 0308. Block(s): 301, 309, 310, 311, 312A, 313, 314, 315, 316, 317, 318A, 320, 401, 402, 403, 502, 503, 504, 505, 506, 507, 508, 509, 510, 512, 513 Tract: 0309.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123B, 124, 202B, 203B, 206B, 206C, 207B, 401, 501, 502, 503, 504, 507, 508, 509, 510, 601, 602, 603, 604, 605, 606, 607 VTD: 0060 MARIETTA 4 (Part) Tract: 0302.07 Block(s): 823A Tract: 0305.02 Block(s): 602 Tract: 0306. Block(s): 101A, 102A, 103A, 104A, 106A, 108A, 109A, 110A, HOB, 111, 112, 113A, 115A, 116, 117, 118A, 119A, 120A, 122A, 123, 124A, 125A, 126, 127A, 128A, THURSDAY, FEBRUARY 27, 1992 1303 132A, 201A, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 218, 220, 221, 225, 226, 318, 319, 320, 321, 322, 402, 404, 405A, 405B, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417A, 418, 419A, 420A, 421A, 422A, 423A, 424A, 424B, 424C, 424D, 424E, 425A, 426, 501B, 502A, 503, 504, 505, 506A, 606A, 606B, 607A, 608, 901A, 901B, 902A, 903, 904, 905, 917A, 917B, 917C, 917D, 919 Tract: 0307. Block(s): 402, 403, 404, 405, 406, 407B, 412, 416, 417, 420, 421, 501, 503, 504, 505, 506, 507, 508, 509, 510, 518, 519 Tract: 0309.01 Block(s): 301A, 302, 303, 304 VTD: 0061 MARIETTA 5 (Part) Tract: 0307. Block(s): 101, 102, 103, 104, 105, 108, 111, 112, 113, 114, 115, 116, 118A, 118B, 119, 120, 121, 122, 123, 312, 313, 316, 317, 502, 511, 512, 513, 514, 515, 516, 517, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 701, 702, 703, 704, 705, 706, 707, 708, 709, 710, 711, 712, 713, 714, 715 VTD: 0062 MARIETTA 6 (Part) Tract: 0307. Block(s): 106, 107, 109, 201 VTD: 0063 MARIETTA 7 (Part) Tract: 0308. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 201, 202, 203, 204, 205, 806, 809 VTD: 0070 MT. HARMONY VTD: 0076 OREGON 2 VTD: 0077 OREGON 3 VTD: 0078 OREGON 4 VTD: 0080 PEBBLEBROOK VTD: 0089 POWDER SPRINGS VTD: OOA6 SWEETWATER 1 VTD: OOA7 SWEETWATER 2 VTD: OOA8 SWEETWATER 3 VTD: OOB8 CHEATHAM HILL 2 (Part) Tract: 0302.07 Block(s): 801B, 823B VTD: OOB9 MARIETTA 2B VTD: OOC2 BIRNEY 2 District: 8 JOHNSON COUNTY LAURENS COUNTY HOUSTON COUNTY BLECKLEY COUNTY TREUTLEN COUNTY DODGE COUNTY PULASKI COUNTY WHEELER COUNTY TELFAIR COUNTY WILCOX COUNTY JEFF DAVIS COUNTY APPLING COUNTY BEN HILL COUNTY COFFEE COUNTY IRWIN COUNTY BACON COUNTY BERRIEN COUNTY 1304 JOURNAL OF THE SENATE WARE COUNTY ATKINSON COUNTY COOK COUNTY COLQUITT COUNTY CLINCH COUNTY LANIER COUNTY CHARLTON COUNTY ECHOLS COUNTY BIBB COUNTY VTD: 0007 EM07 VTD: 0009 EM09 VTD: 0014 GODFREY 05 VTD: 0015 GODFREY 06 VTD: 0017 GODFREY 08 VTD: 0018 GODFREY 09 VTD: 0020 HAZARD 06 VTD: 0021 HAZARD 03 VTD: 0024 HO 01 VTD: 0025 HO 02 VTD: 0026 HO 03 VTD: 0027 HO 04 VTD: 0028 HO 05 VTD: 0029 HO 06 VTD: 0030 HO 07 VTD: 0031 HO 08 VTD: 0032 RUTLAND 01 VTD: 0033 RUTLAND 02 VTD: 0039 VINEVILLE 06 VTD: 0040 VINEVILLE 07 VTD: 0041 VINEVILLE 08 VTD: 0042 VINEVILLE 09 VTD: 0045 WA 01 VTD: 0046 WA 02 VTD: 0047 HAZARD 02 VTD: 0048 HAZARD 04 DOUGHERTY COUNTY VTD: 0001 NATIONAL GUARD ARMORY VTD: 0002 NW LIBRARY VTD: 0003 PORTERFIELD METH CH GYM VTD: 0004 LOWER DEERFIELD-WINDSOR VTD: 0005 WESTOVER HIGH SCHOOL VTD: 0006 MERRY ACRES JR HIGH SCH VTD: 0008 ALBANY JR COLLEGE VTD: 0022 RAD SPRINGS JR HIGH SCH VTD: 0023 PUTNEY YOUTH CENTER VTD: 0024 MOCK ROAD ELEMENTARY SCH (Part) Tract: 0101. Block(s): 128A, 129A, 130A, 132, 133 VTD: 0026 BRANCH ROAD PRECINCT (Part) Tract: 0001. Block(s): 101B, 101C, 103B, 104, 105, 106, 107B, 108B, 108C Tract: 0101. Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119,120, 121, 122, 123, 124, 125, 126, 127, 128B, 129B, 130B, 131, 134, 201, 202, 203, 204, 205, 206, 207 Tract: 0103.01 Block(s): 101B, 102 THURSDAY, FEBRUARY 27, 1992 1305 VTD: 0028 SCOTTISH RITE TEMPLE LOWNDES COUNTY VTD: 0001 HAHIRA VTD: 0002 MINEOLA (Part) Tract: 0102. Block(S): 416, 463, 464, 465, 466 VTD: 0003 MOODY MASONIC VTD: 0004 MATHIS AUDITORIUM (Part) Tract: 0101. Block(s): 305A, 305B, 305C, 305D, 306 Tract: 0103. Block(s): 201A, 202, 203A, 204A, 205, 206A, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 221A, 221B, 221C, 222A, 222B, 233, 234A, 235, 236, 237, 238, 251, 252, 254A, 257A Tract: 0104. Block(s): 125A, 126, 127, 128, 129, 136A, 138A, 139A, 140A, 142A, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 VTD: 0006 CHURCH LATTERDAY SAINTS VTD: 0008 NAYLOR COURTHOUSE VTD: 0009 CLYATTVILLE VTD: 0010 DASHER VTD: 0011 LAKE PARK VTD: 0012 FIRST CHRISTIAN CHURCH VTD: 0013 LOWNDES CIVIC CENTER AND FORREST PK CHURCH VTD: 0014 SOUTHSIDE FIRE DEPARTMENT VTD: 0016 REDLANDS BAPTIST CHURCH VTD: 0018 NEW COVENANT CHURCH (Part) Tract: 0101. Block(s): 269, 270, 271, 274A, 274B, 275, 277, 278, 279, 280, 281, 283, 284, 285, 287, 288, 289, 290, 291, 292, 293, 305E, 305F, 305G, 305H, 305J, 305K, 305L, 305M, 307, 308 Tract: 0103. Block(s): 101, 102B, 102C, 103B, 104, 105, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 203B, 204B, 206B, 206C, 206D, 206E, 206F, 206G, 221D, 221E, 222C, 222D, 222E, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248B, 253C, 254C, 256B, 257B, 257C, 257D Tract: 0104. Block(s): 101B, 102B, 103B, 117B, 122B, 122C, 123B, 124B, 125B, 125C, 136B, 137, 138B, 139B, 140B, 141, 142B Tract: 0106. Block(s): 101B, 101C, 102C, 102D, 102E, 104, 105B, 105C, 106, 107, 108, 109B, 109C, 109D, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211B, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221D, 222, 223, 224, 225, 226, 227, 228 VTD: 0021 REMERTON CITY HALL VTD: 0022 EVANGEL CATHEDRAL WORTH COUNTY VTD: 0012 BRIDGEBORO VTD: 0013 GORDY (Part) Tract: 9505. Block(s): 114, 115, 116, 117, 118, 119, 120, 121, 122, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 236, 237, 238, 239, 240, 295, 296, 297 District: 9 DADE COUNTY 1306 JOURNAL OF THE SENATE RABUN COUNTY WALKER COUNTY CATOOSA COUNTY WHITFIELD COUNTY MURRAY COUNTY FANNIN COUNTY TOWNS COUNTY UNION COUNTY GILMER COUNTY HABERSHAM COUNTY WHITE COUNTY LUMPKIN COUNTY STEPHENS COUNTY GORDON COUNTY DAWSON COUNTY PICKENS COUNTY HALL COUNTY FORSYTH COUNTY CHEROKEE COUNTY VTD: 0001 BALLGROUND VTD: 0003 CANTON VTD: 0004 CLAYTON VTD: 0005 CROSSROADS VTD: 0006 CONNS CREEK VTD: 0007 FAIR PLAY VTD: 0008 HARBINS VTD: 0012 MULLINS VTD: 0013 SALICOA VTD: 0015 WILDCAT District: 10 FRANKLIN COUNTY HART COUNTY BANKS COUNTY JACKSON COUNTY ELBERT COUNTY MADISON COUNTY BARROW COUNTY OGLETHORPE COUNTY CLARKE COUNTY LINCOLN COUNTY OCONEE COUNTY WALTON COUNTY MORGAN COUNTY NEWTON COUNTY COLUMBIA COUNTY MCDUFFIE COUNTY GWINNETT COUNTY VTD: 0001 1295A VTD: 0017 1564 VTD: 0020 1749 VTD: 0025 478 VTD: 0026 444A VTD: 0027 444B VTD: 0044 1397 VTD: 0046 1587 VTD: 0047 550A THURSDAY, FEBRUARY 27, 1992 1307 VTD: 0048 550B VTD: 0062 550C VTD: 0063 550D VTD: 0068 407P (Part) Tract: 0507.05 Block(s): 118, 160A, 160C RICHMOND COUNTY VTD: 0004 2A VTD: 0012 5 VTD: 0013 5A VTD: 0015 6 VTD: 0017 6B VTD: 0019 7 VTD: 0020 7A VTD: 0021 8 VTD: 0022 8A VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 125, 126, 127, 128, 129, 701, 702, 703, 704, 705, 706, 707, 711 Tract: 0105.10 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 114, 115, 118, 119, 120, 121, 122, 123, 124, 901, 902 Tract: 0105.11 Block(s): 201, 901, 902, 903, 904, 911, 912 VTD: 0029 86-1 VTD: 0030 86-2 VTD: 0033 86-5 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 133, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 493, 494, 495, 496, 497 VTD: 0035 86-7 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 929A, 929B, 930A, 930B, 931, 932, 934, 949, 953, 954 Tract: 0107.06 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127,128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146,147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175,176, 177, 178, 179, 180, 181, 182, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 301, 302, 303, 304, 305, 306 VTD: 0037 87-1 VTD: 0038 87-2 VTD: 0045 88-7 VTD: 0046 89-1 VTD: 0048 89-3 1308 JOURNAL OF THE SENATE VTD: 0050 89-5 VTD: 0052 89-7 (Part) Tract: 0105.07 Block(s) 301, 302, 304, 305, 306, 307, 308, 309, 313, 314, 412, 413, 414, 415, 418 VTD: 0055 89-10 VTD: 0056 90-1 VTD: 0057 90-2 VTD: 0058 90-3 VTD: 0059 90-4 VTD: 0060 90-5 VTD: 0066 FG4 VTD: 0067 FG5 (Part) Tract: 0108. Block(s): 901G, 901H, 901J, 906, 907, 911, 912 WILKES COUNTY VTD: 0002 2A VTD: 0003 2B VTD: 0006 4A VTD: 0007 4B District: 11 GREENE COUNTY TALIAFERRO COUNTY WARREN COUNTY JASPER COUNTY PUTNAM COUNTY HANCOCK COUNTY BUTTS COUNTY GLASCOCK COUNTY JEFFERSON COUNTY BURKE COUNTY WASHINGTON COUNTY SCREVEN COUNTY WILKINSON COUNTY JENKINS COUNTY TWIGGS COUNTY BALDWIN COUNTY VTD: 0001 MONTPELIER- EAST BALDWIN VTD: 0002 NORTH BALDWIN 318 (Part) Tract: 9702. Block(s): 319D, 320B, 321B, 321C, 323C, 325B, 326, 327B, 328B, 329B, 330D, 331, 332B, 336B, 402 Tract: 9704. Block(s): 101B VTD: 0003 WEST BALDWIN 319 (Part) Tract: 9703. Block(s): 230C, 230D, 230E, 231B, 231C, 232B, 233B, 233C Tract: 9704. Block(s): 212D, 212E, 213B, 213C, 214B, 307, 308C, 308D, 309B, 310B, 311C, 311D, 311E, 311F Tract: 9705. Block(s): 201B, 202B, 212B, 325B, 326C, 326D, 328, 341, 342, 343B, 344A, 344B, 346C, 346D, 347, 348, 350B, 356B, 359B, 361, 362B, 363, 364, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385 Tract: 9708. Block(s): 201, 202, 203, 204, 205, 210, 401, 402, 403, 404, 405, 410, 411, 412, 413, 414 THURSDAY, FEBRUARY 27, 1992 1309 VTD: 0004 EAST MILLEDGEVILLE 320E VTD: 0005 EAST HARDWICK 321E VTD: 0007 NORTH MILLEDGEVLLE 320N (Part) Tract: 9701. Block(s): 107B, 125A, 126, 127A, 185A Tract: 9702. Block(s): 107A, 202A, 301A, 302, 303, 304, 305, 317, 318, 319A, 319B, 319C, 320A, 321A, 322, 323A, 323B, 324, 325A, 327A, 328A, 329A, 330B, 330C, 332A, 342A Tract: 9703. Block(s): 229A, 230A, 231A, 232A, 233A Tract: 9704. Block(s): 101A, 102, 103, 104, 105, 110, 111, 112, 113, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212A, 212B, 212C, 213A, 214A, 215, 216, 217, 221, 222, 308A VTD: 0008 SOUTH MILLEDGEVILLE 320S VTD: 0009 WEST HARDWICK 321W VTD: 0010 GMC 320G VTD: 0011 BALDWIN COUNTY COURTHOUSE 320H VTD: 0012 FIRST CHRISTIAN CHURCH 320C VTD: 0013 SCOTTSBORO 1714 (Part) Tract: 9708. Block(s): 105B, 106, 107, 108, 116, 117, 118B, 132, 133 BIBB COUNTY VTD: 0001 EM01 VTD: 0002 EM02 VTD: 0003 EM03 VTD: 0004 EM04 VTD: 0005 EM05 VTD: 0006 EM06 VTD: 0008 EM08 VTD: 0010 GODFREY 01 VTD: 0011 GODFREY 02 VTD: 0012 GODFREY 03 VTD: 0013 GODFREY 04 VTD: 0016 GODFREY 07 VTD: 0019 HAZARD 05 VTD: 0022 MACON 03 VTD: 0023 HAZARD 01 VTD: 0034 VINEVILLE 01 VTD: 0035 VINEVILLE 02 VTD: 0036 VINEVILLE 03 VTD: 0037 VINEVILLE 04 VTD: 0038 VINEVILLE 05 VTD: 0043 MACON 02 VTD: 0044 MACON 01 DEKALB COUNTY VTD: 0004 ATHERTON VTD: 0007 BOB MATHIS VTD: 0015 CANBY VTD: 0016 CANDLER VTD: 0018 CASA LINDA VTD: 0019 CEDAR GROVE VTD: 0022 CHAPEL HILL VTD: 0026 CLARKSTON VTD: 0027 CLIFTON VTD: 0029 COUNTY LINE VTD: 0031 CROSSROADS 1310 JOURNAL OF THE SENATE VTD: 0039 EASTLAND VTD: 0044 FAIRINGTON VTD: 0046 FLAT SHOALS VTD: 0050 GRESHAM PARK VTD: 0055 HOOPER ALEXANDER VTD: 0059 INDIAN CREEK VTD: 0060 INGLESIDE VTD: 0063 KELLY LAKE VTD: 0066 KNOLLWOOD VTD: 0070 LITHONIA VTD: 0077 MCWILLIAMS VTD: 0078 MEADOWVIEW VTD: 0083 MIDWAX VTD: 0084 MIDWAY PARK VTD: 0085 MILLER ROAD VTD: 0096 PANOLA VTD: 0097 PANOLA WAY VTD: 0098 PEACHCREST VTD: OOAB PHILLIPS VTD: OOAF RAINBOW VTD: OOAG RAINBOW PARK VTD: OOAH REDAN NORTH VTD: OOAJ REDAN SOUTH VTD: OOAN ROWLAND VTD: OOAP ROWLAND HILLS VTD: OOAT SALEM VTD: OOAV SCOTTDALE VTD: OOBC SNAPFINGER VTD: OOBE SPRING HILL VTD: OOBH STONEVIEW VTD: OOBJ TERRY MILL VTD: OOBK TILSON VTD: OOBL TONEY VTD: OOBN TOWERS VTD: OOBT WADSWORTH VTD: OOBV WESLEY CHAPEL HENRY COUNTY VTD: 0005 BEERSHEBA VTD: 0020 HIGHLAND VILLAGE (Part) Tract: 0702.01 Block(s): 136, 139, 140, 141, 142, 143, 144, 145, 147, 148, 149, 150, 151, 152, 153, 154 VTD: 0030 LOVES (Part) Tract: 0702.01 Block(s): 101, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 137, 138, 146 Tract: 0702.02 Block(s): 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 203, 204, 205, 206, 207, 208, 209A, 211, 212, 213, 214 Tract: 0702.03 Block(s): 101 VTD: 0045 MCMULLEN (Part) Tract: 0702.02 Block(s): 201, 202, 215, 217B, 227 Tract: 0702.03 Block(s): 102, 103, 104, 105, 106, 107, 108, 206, 222, 223, 224, 225, 228, 229, 230, THURSDAY, FEBRUARY 27, 1992 1311 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276 VTD: 0070 SWAN LAKE RICHMOND COUNTY VTD: 0001 1 VTD: 0002 1A VTD: 0003 2 VTD: 0005 3 VTD: 0006 3A VTD: 0007 3B VTD: 0008 4 VTD: 0009 4A VTD: 0010 4B VTD: 0011 4C VTD: 0014 5B VTD: 0016 6A VTD: 0018 6C VTD: 0023 8B VTD: 0024 8C VTD: 0026 85-1 VTD: 0027 85-2 (Part) Tract: 0105.08 Block(s): 101, 102, 123, 124 Tract: 0105.11 Block(s): 313, 314, 315, 316, 317, 318, 319, 320, 327, 328, 905, 906, 907, 908, 909, 910, 913, 914, 915, 916, 917 VTD: 0028 85-3 VTD: 0031 86-3 VTD: 0032 86-4 VTD: 0034 86-6 (Part) Tract: 0109.02 Block(s): 101, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138 VTD: 0036 86-8 (Part) Tract: 0106. Block(s): 936B, 941, 942, 943, 945, 946, 947, 948B, 950, 951, 952, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 965, 973 Tract: 0109.02 Block(s): 102 VTD: 0039 88-1 VTD: 0040 88-2 VTD: 0041 88-3 VTD: 0042 88-4 VTD: 0043 88-5 VTD: 0044 88-6 VTD: 0047 89-2 VTD: 0049 89-4 VTD: 0051 89-6 VTD: 0052 89-7 (Part) Tract: 0105.05 Block(s): 901, 902, 903, 904, 916, 917 VTD: 0053 89-8 VTD: 0063 FG1 VTD: 0064 FG2 VTD: 0067 FG5 (Part) Tract: 0108. 1312 JOURNAL OF THE SENATE Block(s): 901D VTD: 0068 FG6 WILKES COUNTY VTD: 0001 1 VTD: 0004 3A VTD: 0005 3B (b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1990 for this state. (c) The first members elected pursuant to the provisions of this Code section shall be those who are elected to take office in January, 1993. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1990 shall continue to serve and, for all purposes relative to membership in the House of Representa tives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1992 for the purpose of electing the members in 1992 who are to take office in 1993. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1993." 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 Walker of the 43rd moved that the Senate adopt the Conference Committee report on SB 705. On the motion, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th XCloalveman Dawkms Dean Echols Edge English Foster Garner Gillis Hasty Henson HHiolol ks ,,Huggins Johnson Marable Moye Newbill Perdue Pollard Ragan of 10th Ramsey Ray RScoobtitnson S0 t, arr Steinberg Tate Timmons Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Alien 5Cou,lr,ltmons Egan Harris Kidd Perry Phillips Ragan of 32nd Taylor Thompson Turner Tysinger THURSDAY, FEBRUARY 27, 1992 1313 Those not voting were Senators: Bowen Hammill Brown of 26th (excused) Langford Shumake White On the motion, the yeas were 37, nays 13; the motion prevailed, and the Senate adopted the Conference Committee report on SB 705. Senator Newbill of the 56th introduced Honorable Lynn Martin, U.S. Secretary of La bor, who briefly addressed the Senate. Lieutenant Governor Howard introduced Dr. Alfred Gomolka, Prime Minister of Meck lenburg-Western Pomerania, who briefly addressed the Senate. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 704. By Senators Deal of the 49th, Garner of the 30th, Johnson of the 47th and others: A bill to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for the registration of lobbyists with the State Ethics Commission; to define the term "lobbyist"; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lob bying, so as to repeal certain provisions of the law relating to registration of lob byists with the Secretary of State; to change certain references to the provisions repealed; to provide an effective date. The Senate Committee on Ethics offered the following substitute to SB 704: A BILL To be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide for the registration of lobbyists with the State Ethics Commission; to define the term "lobbyist"; to provide that no person shall engage in the practice of a lobbyist unless such person is registered as a lobbyist; to provide for information to be furnished upon registration; to provide for supplemental regis tration under certain circumstances; to provide for renewal procedures and for continuous registration; to provide for registration fees; to provide for identification cards for lobbyists; to provide for rosters of lobbyists; to limit the number of lobbyists which state agencies and other state organizations may have; to provide exceptions to registration requirements; to provide for lobbyist expenditure reports, their contents, and dates for filing with the State Ethics Commission; to provide a penalty for violations of this Act; to amend Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying, so as to repeal certain provisions of the law relating to registration of lobbyists with the Secretary of State; to change certain references to the provisions repealed; to provide an effective date; to re peal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended by striking in its entirety subparagraph (c)(l)(B) of Code Section 21-5-50, relating to the filing of financial disclosure statements by public officers, and inserting in lieu thereof a new subparagraph (B) to read as follows: "(B) Each transaction or transactions which aggregate $9,000.00 or more in a calendar year in which the candidate or any business in which such candidate or any member of his family has a substantial interest or is an officer of such business received any income of any nature from any person who was at the time of such receipt of income represented by a agent a lobbyist registered with the Sccrctary of State commission pursuant to Code Section 38-?-3~AlticIe~4 of this chapter." 1314 JOURNAL OF THE SENATE Section 2. Said chapter is further amended by adding at the end thereof a new Article 4 to read as follows: "ARTICLE 4 21-5-70. As used in this article, the term 'lobbyist' means: (1) Any person who, for compensation, undertakes to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (2) Any person any part of whose duties as an employee of another person includes undertaking to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the approval or veto of legislation by the Governor; (3) Any person who makes a total expenditure of more than $200.00 in a calendar year, not including the person's own travel, food, or lodging expenses, to promote or oppose the passage of any legislation by the General Assembly, or any committee thereof, or the ap proval or veto of legislation by the Governor; or (4) Any person who as an employee of the Executive Branch or Judicial Branch of state government engages in any activity covered under paragraphs (1) through (3) of this Code section. 21-5-71. (a) No person shall engage in the practice of a lobbyist unless such person is registered with the commission as a lobbyist. Any person may register with the commission as a lobbyist even though such person is not required to register as a lobbyist by this article. (b) Each lobbyist shall file an application for registration with the commission. The application shall be verified by the applicant and shall contain: (1) The applicant's name, address, and telephone number; (2) The name, address, and telephone number of the person or agency that employs, appoints, or authorizes the applicant to lobby on its behalf; (3) A statement of the business or purpose of each person, firm, corporation, associa tion, or agency the applicant represents and the issue areas or subject matters on which the applicant expects to lobby; (4) The names and addresses of all public officials or former public officials employed or retained by the lobbyist or the lobbyists's employer with details of the nature of the em ployment or contract; and (5) A statement signed by the person or agency employing, appointing, or authorizing the applicant to lobby on its behalf. (c) The lobbyist shall file a supplemental registration indicating any substantial or ma terial change or addition to the registration prior to its expiration. Previously filed informa tion may be incorporated by reference. Substantial or material changes or additions shall include, but are not limited to, the pertinent information concerning changes or additions to client and employment information required by paragraphs (3), (4), and (5) of subsection (b) of this Code section. (d) Each registration under this Code section shall expire on December 31 of each year. The commission may establish renewal procedures for those applicants desiring continuous registrations. Previously filed information may be incorporated by reference. 21-5-72. Each lobbyist registering under this article shall be required to pay the appro priate registration fee as follows: (1) Ten dollars for each registrant representing a state agency, department, commission or authority; (2) Twenty-five dollars for each registrant employed by an organization exempt from federal income tax under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; or THURSDAY, FEBRUARY 27, 1992 1315 (3) Fifty dollars for each registrant not covered under paragraphs (1) and (2) of this Code section. 21-5-73. (a) As soon as practicable after registering any such lobbyist, the commission shall issue to such lobbyist an identification card which shall have printed thereon the word 'LOBBYIST' and the name of the lobbyist and the person, firm, corporation, association, agency, or governmental entity such lobbyist represents, provided that, when any such per son represents more than one entity, such identification card shall have printed thereon the name of the registered person. Each lobbyist while engaged in lobbying shall display said identification card in a readily visible manner. (b) The commission shall regularly publish public rosters of lobbyists along with the respective persons, firms, corporations, associations, agencies, or governmental entities they represent. During sessions of the General Assembly, the commission shall periodically report to the House of Representatives, the Senate, and the Governor those persons who have registered since the convening of the General Assembly. The commission shall be authorized to charge a reasonable fee for copies of the roster. (c) The registration provisions of this Code section shall not apply to: (1) Any individual who expresses personal views, on that individual's own behalf, to any public officer; (2) Any person who appears before a committee of the General Assembly for the pur pose of giving testimony when such person is not otherwise required to comply with the registration provisions of this article; (3) Any employee of an agency, department, commission, or authority appearing before a committee of the General Assembly at the request of the committee or any person who furnishes information upon the specific request of a committee; (4) Elected public officers performing the official duties of their public office; (5) Any licensed attorney appearing on behalf of a client in any adversarial proceeding before an agency of this state; and (6) A public employee who performs services at the direction of a member of the Gen eral Assembly including, but not limited to, drafting petitions, bills, or resolutions; attend ing the taking of testimony; collating facts; preparing arguments and memorials and submit ting them orally or in writing to a committee or member of the General Assembly; and other services of like character intended to reach the reason of the legislators. 21-5-74. (a) During any year that a lobbyist is registered under this article, the lobbyist shall file a lobbyist expenditure report with the commission as follows: (1) By the last day of each month during any month that the General Assembly is in regular or special session; (2) Within 30 days following the last day that the General Assembly is in regular or special session; (3) By July 1 of each year; and (4) By December 31 of each year. (b)(l) The lobbyist expenditure report shall disclose every expenditure made since the filing of the preceding report to any elected or appointed official where such expenditure is made in the course of promoting or opposing the passage of legislation by the General As sembly, influencing official action by any agency, department, commission, or authority, or influencing the approval or veto of legislation by the Governor, except that expenditures of $25.00 or less on a single occasion may be aggregated and reported in a lump sum category. 1316 JOURNAL OF THE SENATE The report shall contain, with respect to each expenditure, lump sum or otherwise, the following: (A) The name and official position of the elected or appointed official in whose behalf the expenditure is made; (B) The name of the payee; (C) The general description of the item or service purchased; and (D) The date and amount of the expenditure. (2) With respect to each expenditure reported under paragraph (1) of this subsection for transportation or lodging for the Governor, Lieutenant Governor, a member of the Gen eral Assembly, or for a member of the immediate family of any such officials, the report shall contain: (A) The name of the elected official in whose behalf the expenditure is made; (B) The method of transportation and the place and date of lodging; and (C) The amount of the transportation or lodging expenditure. (3) If a lobbyist makes an expenditure on behalf of ten or more public officials at a single function or on a single occasion, the lobbyist shall be required only to report the total number of public officials and the total expenditure made on behalf of such public officials at such function or on such occasion. If more than one lobbyist participates in the expendi ture on behalf of such public officials, then the total expenditure therefor may be appor tioned among the lobbyists involved. Any expenditure report made pursuant to this para graph need not be reported under paragraph (1) of this subsection. (c) The commission shall maintain lobbyist expenditure reports for a period of at least five years. (d) Lobbyist expenditure reports filed under this Code section shall only be admissible in evidence in courts of this state for prosecution of violations of this article and shall not be admissible in evidence for any other purpose. 21-5-75. Any person failing to comply with or violating any of the provisions of this article shall be guilty of a misdemeanor." Section 3. Chapter 7 of Title 28 of the Official Code of Georgia Annotated, relating to lobbying, is amended by striking Code Section 28-7-1, relating to the definition of and pun ishment for lobbying, which reads as follows: "28-7-1. (a) Lobbying is any personal solicitation of a member of the General Assembly, during a session thereof, by private interview, or letter, or message, or other means, not addressed solely to the judgment, to favor or oppose, or to vote for or against any bill, resolution, report, or claim, pending or to be introduced in either branch thereof, by any person who misrepresents the nature of his interest in the matter to such member or who is employed for a consideration by a person or corporation interested in the passage or defeat of such bill, resolution, report, or claim for the purpose of procuring the passage or defeat thereof. Lobbying shall not include such service as drafting petitions, bills, or resolutions; attending to the taking of testimony; collating facts; preparing arguments and memorials and submitting them orally or in writing to a committee or member of the General Assem bly; and other services of like character intended to reach the reason of the legislators. (b) Lobbying shall be punished by confinement in the penitentiary for not less than one year nor more than five years.", in its entirety and inserting in lieu thereof the following: "28-7-1. Reserved." THURSDAY, FEBRUARY 27, 1992 1317 Section 4. Said chapter is further amended by striking in its entirety Code Section 28-72, relating to registration with the Secretary of State, which reads as follows: "28-7-2. (a) Every person representing, with or without compensation, any person, firm, corporation, association, or organization or who is designated to represent any department, board, agency, commission, or authority of state government for the purpose of aiding or opposing, directly or indirectly, the enactment of a bill or bills or a resolution or resolutions by either house of the General Assembly shall file in the office of the Secretary of State a writing, subscribed by such person, stating the name of the person, firm, corporation, associ ation, or organization or the state department, board, agency, commission, or authority that he represents. This registration shall be valid for only one regular or extraordinary session of the legislature. It shall be the duty of the Secretary of State to provide a suitable docket for such registration, which shall be known as the docket of legislative appearance, with appropriate indices, and to enter promptly therein the names of the parties appearing and on whose behalf they appear. Such docket shall be open to inspection. (b) Each person registering with the Secretary of State shall pay to him a registration fee of $5.00, provided that a person who represents any department, board, agency, commis sion, or authority of state government shall be exempted from payment of such registration fee. As soon as practicable after registering any such person, the Secretary of State shall issue to him an identification card which shall have printed thereon the name of the regis tered person and the person, firm, corporation, association, or organization or state depart ment, board, agency, commission, or authority he represents, provided that, when any such person represents more than one person, firm, corporation, association, or organization or state department, board, agency, commission, or authority, such identification card shall have printed thereon the name of the registered person and the words 'REGISTERED AGENT.' Any such person, while in the state capitol during such times as the General As sembly shall be in session, shall have said identification on his person and shall make it available for inspection by all legislators who shall request it of him. At the beginning of each annual session of the General Assembly, the Secretary of State shall report to each house of the General Assembly those persons who have registered with him, along with the respective persons, firms, corporations, or associations or state departments, boards, agen cies, commissions, or authorities they represent. During sessions of the General Assembly, the Secretary of State shall periodically report to each house those persons who have regis tered with him since the convening of the General Assembly. The reports of the Secretary of State shall be entered in the journal of each house. All members of the House and Senate shall have the responsibility of bringing to the attention of the rules committee of each respective house violations of this Code section and chapter; and the chairmen of the re spective rules committees shall have the responsibility of reporting such violations to appro priate officials. (c) Subsections (a) and (b) of this Code section shall not be construed to apply to any citizen who expresses his personal views, on his own behalf, to any member of the General Assembly on any measure pending before either house of the General Assembly. (d) Subsections (a) and (b) of this Code section shall not be construed to apply to any person who appears before a committee of either or both houses of the General Assembly for the purpose of expressing his views or giving testimony when such person is not other wise required to comply with subsections (a) and (b) of this Code section. (e) Subsections (a) and (b) of this Code section shall not apply to any employee of any department, board, agency, commission, or authority of state government appearing before a legislative committee at the committee's request or to any person who furnishes information upon the specific request of a member of the General Assembly or of a department head or constitutional officer representing that department or office.", and inserting in lieu thereof the following: "28-7-2. Reserved." 1318 JOURNAL OF THE SENATE Section 5. Said chapter is further amended by striking in its entirety Code Section 28-74, relating to the presence of certain persons on the floor of the House or Senate for pur poses of privately discussing pending measures, and inserting in lieu thereof a new Code Section 28-7-4 to read as follows: "28-7-4. It shall be unlawful for any person registered pursuant to the requirements of Code Section 38 7 3 Article 4 of Chapter 5 of Title 21 or for any other person, except as authorized by the rules of the House or Senate, to be on the floor of either house of the General Assembly while the same is in session to discuss privately measures then pending in the General Assembly." Section 6. Said Chapter 7 of Title 28 is further amended by striking in its entirety Code Section 28-7-5, relating to the penalty for violating Code Sections 28-7-2 through 28-7-4, and inserting in lieu thereof a new Code Section 28-7-5 to read as follows: "28-7-5. Any person failing to comply with or violating any of the provisions of Code Sections 28-7 2 through Section 28-7-3 or 28-7-4 shall be guilty of a misdemeanor." Section 7. This Act shall become effective on January 1, 1993. Section 8. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Coleman Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson VKAidAd ,M,airaible Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg TTat*e rTr.aylior Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Brown of 26th (excused) Dawkins Hammill Henson Langford Shumake On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. THURSDAY, FEBRUARY 27, 1992 1319 The following local bill of the House was taken up for the purpose of considering the Conference Committee report thereon: HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. The Conference Committee report on HB 1254 was as follows: The Committee of Conference on HB 1254 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference substitute to HB 1254 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Sonny Perdue Senator, 18th District /s/ Jack Hill Senator, 4th District /s/ Pete Robinson Senator, 16th District FOR THE HOUSE OF REPRESENTATIVES: /s/ Kenneth W. Birdsong Representative, 104th District M Homer Jay Walker, III Representative, 113th District /s/ Marvin Adams Representative, 79th District Conference Committee substitute to HB 1254: A BILL To be entitled an Act to amend an Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday except as specifically provided; to provide that the board shall be au thorized to retain a county attorney; to provide that preference shall be given to those attor neys who are residents of Twiggs County; to provide for the compensation and duty of such county attorney; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act providing for a board of commissioners of Twiggs County, approved July 27, 1923 (Ga. L. 1923, p. 324), as amended, is amended by adding, following Section 5, a new Section 5.1 to read as follows: "Section 5.1. The board of county commissioners shall not meet or conduct any official business on Sunday unless such Sunday meeting is deemed necessary and approved by a majority of the members at least 72 hours prior to the date of such meeting and unless prior notice of such meeting is given as provided by law." Section 2. Said Act is further amended by striking Section 13 of said Act which reads as follows: "Sec. 13. Be it further enacted by the authority aforesaid, That said board of county commissioners is hereby authorized and empowered to retain and employ a competent at torney at law, and said board is authorized to pay such attorney a retainer fee not to exceed one hundred and fifty dollars per annum, to be paid quarterly out of the county funds of Twiggs County, and such attorney shall receive such other compensation as may be agreed upon by him and said board. It shall be the duty of said county attorney to represent the 1320 JOURNAL OF THE SENATE county in all legal matters in which said county may be interested; and he shall be the legal adviser of said board and shall attend the meetings of said board when requested.", and inserting in lieu thereof a new Section 13 to read as follows: "Section 13. The board of county commissioners is authorized to retain and employ a competent attorney at law as a county attorney and pay such attorney a retainer fee not to exceed $150.00 per annum, to be paid quarterly out of the county funds of Twiggs County. In retaining such county attorney, preference shall be given to those attorneys who are resi dents of Twiggs County. Such attorney shall receive such other compensation as may be agreed upon by such attorney and the board of commissioners. It shall be the duty of the county attorney to represent the county in all legal matters in which the county may be interested and said attorney shall be the legal adviser of the board of commissioners and shall attend the meetings of the board of commissioners when requested to do so by the board of commissioners." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Perdue of the 18th moved that the Senate adopt the Conference Committee report on HB 1254. 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 of 46th Burton Clay Coleman Collins Deal Dean Echols Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Brown of 26th (excused) Dawkins Edge Hammill Langford Shumake Tysinger On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate adopted the Conference Committee report on HB 1254. The following report of the Committee on Enrolling and Journals was read by the Secretary: Mr. President: The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: THURSDAY, FEBRUARY 27, 1992 1321 SB 659. Respectfully submitted, /s/ Waymond C. Huggins, Chairman Senator, District 53 Senator Garner of the 30th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed. At 4:18 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow. 1322 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 28, 1992 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1759. By Representative Smith of the 156th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 7,330 nor more than 7,550 according to the United States decennial census of 1970 or any future such census, as amended, so as to repeal in its entirety said Act, as amended. HB 1839. By Representatives Jones of the 71st, Meadows of the 91st, Davis of the 77th and Flynt of the 75th: A bill to amend an Act providing for the composition of the Board of Education of Coweta County, so as to reapportion the education districts. HB 1843. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to amend an Act providing for the election of members to the Burke County board of education, so as to change the composition of the education districts. HB 1844. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts. HB 1859. By Representative Skipper of the 116th: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the salaries of the chairman and members of the Board of Com missioners of Sumter County. HB 1862. By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from staggered to concurrent. FRIDAY, FEBRUARY 28, 1992 1323 HB 1864. By Representative Moultrie of the 93rd: A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Har ris County;" so as to repeal the requirement for competitive bidding on all mater ials, equipment and supplies purchased by the Board of Education of Harris County. HB 1865. By Representatives Milam of the 81st and Davis of the 77th: A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district. HB 1876. By Representatives Smith of the 16th and Childers of the 15th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide that the county manager shall make recommendations to the board relating to the appointment of future heads of county departments. HB 1898. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act incorporating the City of Sky Valley, so as to change the provisions relating to the mayor pro tern.. HB 1618. By Representative Smith of the 156th: A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for two terms of court. HB 1265. By Representatives Smith of the 78th and Oliver of the 53rd: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines. HB 1722. By Representatives Chambless of the 133rd, Pinkston of the 100th, Thomas of the 69th and Floyd of the 154th: A bill to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that a lien for other unpaid taxes or a duly rendered judgment shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest or encumbrance. HB 1502. By Representative Watson of the 114th: A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and mul tilevel distribution companies, so as to change the definition of certain terms. HB 1297. By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th, Coleman of the 118th and Buck of the 95th: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance. 1324 JOURNAL OF THE SENATE HB 1378. By Representatives Lawson of the 9th and Thomas of the 69th: A bill to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that any computerized index relating to a public record shall be printed for purposes of public inspec tion no less than every 20 days and that any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected. HB 1290. By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the 96th, Teper of the 46th and Lane of the lllth: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors and utility contractors, so as to provide for the licensing and reg ulation of roofing contractors. HB 1676. By Representative Holland of the 136th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims. HB 1815. By Representative Pettit of the 19th: A bill to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide that the district at torney shall represent the department in support cases; to provide that in URESA cases the district attorney shall represent the petitioner. The House has adopted the report of the Committee of Conference on the following bills of the House and Senate: HB 1254. By Representative Birdsong of the 104th: A bill to amend an Act providing for a board of commissioners of Twiggs County, so as to provide that the board of commissioners of Twiggs County shall not meet or conduct any official business on Sunday; to provide that the board shall be authorized to retain a county attorney. SB 705. By Senators Garner of the 30th, Dean of the 31st and Kidd of the 25th: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to elections, so as to define cer tain terms; to provide for the composition of the 11 congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide an effective date. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 770. By Senator Kidd of the 25th: A bill to amend Code Section 45-18-52 of the Official Code of Georgia Annotated, relating to the establishment of flexible employee benefit plans for state employ ees and certain others, so as to provide that the flexible employee benefit plan FRIDAY, FEBRUARY 28, 1992 1325 may provide for deductions or salary reductions for group property and casualty insurance. Referred to Committee on Governmental Operations. SB 771. By Senators Moye of the 34th and Albert of the 23rd: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines; to provide a short title; to provide definitions; to prohibit certain acts or omissions; to provide for inspec tions; to provide for impoundment, care, and disposition of equines; to provide for the powers and duties of persons impounding equines; to provide for liens; to provide for notices; to provide for sales; to provide for euthanasia of certain equines. Referred to Committee on Agriculture. SB 772. By Senators Moye of the 34th and Albert of the 23rd: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide that certain prohibitions relating to conduct involving animals shall not apply to conduct involving dogs and cats; to prohibit certain conduct with respect to dogs and cats and provide for penalties therefor; to provide for inap plicability and exceptions. Referred to Committee on Agriculture. SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and Tate of the 38th: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Con gress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alco holic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date. Referred to Committee on Economic Development and Tourism. SB 774. By Senators Langford of the 35th, Dawkins of the 45th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manu facture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1, 1992, a retail dealer license shall be issued only to an individ ual who meets certain requirements relating to residency and ownership of busi ness; to provide certain exceptions. Referred to Committee on Consumer Affairs. SB 775. By Senator Alien of the 2nd: A bill to amend Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs and eligibility for enroll ment, so as to change the provisions relative to eligibility for enrollment in ap propriate general education programs and state supported kindergarten programs. Referred to Committee on Education. 1326 JOURNAL OF THE SENATE SB 776. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge. Referred to Committee on Judiciary. SB 777. By Senator Foster of the 50th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Professional Standards Commission. Referred to Committee on Education. SR 510. By Senator Harris of the 27th: A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation. Referred to Committee on Rules. SR 511. By Senator Gillis of the 20th: A resolution creating the Joint Study Committee on State and Local Government Environmental Enforcement Authority. Referred to Committee on Rules. SR 512. By Senators Bishop of the 15th, Baldwin of the 29th, Dawkins of the 45th and Steinberg of the 42nd: A resolution creating the Senate Sunshine in Litigation Study Committee. Referred to Committee on Rules. SR 513. By Senator Alien of the 2nd: A resolution creating the Senate Rail Passenger Service Study Committee. Referred to Committee on Rules. The following bills of the House were read the first time and referred to committees: HB 1265. By Representatives Smith of the 78th and Oliver of the 53rd: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines. Referred to Committee on Agriculture. FRIDAY, FEBRUARY 28, 1992 1327 HB 1290. By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the 96th and others: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors and utility contractors, so as to provide for the licensing and reg ulation of roofing contractors. Referred to Committee on Governmental Operations. HB 1297. By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th and others: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance. Referred to Committee on Insurance and Labor. HB 1378. By Representatives Lawson of the 9th and Thomas of the 69th: A bill to amend Code Section 50-18-70 of the Official Code of Georgia Annotated, relating to inspection of public records, so as to provide that any computerized index relating to a public record shall be printed for purposes of public inspec tion no less than every 20 days and that any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected. Referred to Committee on Judiciary. HB 1502. By Representative Watson of the 114th: A bill to amend Part 3 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to the sale of business opportunities and mul tilevel distribution companies, so as to change the definition of certain terms. Referred to Committee on Insurance and Labor. HB 1618. By Representative Smith of the 156th: A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for two terms of court. Referred to Committee on Special Judiciary. HB 1676. By Representative Holland of the 136th: A bill to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance, so as to provide that a motor vehicle liability insurance carrier may tender, and a claimant may accept, the policy limits and such offer and acceptance shall bar certain further claims. Referred to Committee on Insurance and Labor. HB 1722. By Representatives Chambless of the 133rd, Pinkston of the 100th, Thomas of the 69th and Floyd of the 154th: A bill to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that a lien for other unpaid taxes or a duly rendered judgment shall have the same priority 1328 JOURNAL OF THE SENATE with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest or encumbrance. Referred to Committee on Judiciary. HB 1815. By Representative Pettit of the 19th: A bill to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide that the district at torney shall represent the department in support cases; to provide that in URESA cases the district attorney shall represent the petitioner. Referred to Committee on Special Judiciary. HB 1759. By Representative Smith of the 156th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 7,330 nor more than 7,550 according to the United States decennial census of 1970 or any future such census, as amended, so as to repeal in its entirety said Act, as amended. Referred to Committee on Urban and County Affairs (General). HB 1839. By Representatives Jones of the 71st, Meadows of the 91st, Davis of the 77th and Flynt of the 75th: A bill to amend an Act providing for the composition of the Board of Education of Coweta County, so as to reapportion the education districts. Referred to Committee on Urban and County Affairs. HB 1843. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to amend an Act providing for the election of members to the Burke County board of education, so as to change the composition of the education districts. Referred to Committee on Urban and County Affairs. HB 1844. By Representatives Godbee of the 110th and Bargeron of the 108th: A bill to amend an Act creating the board of commissioners of Burke County, so as to change the composition of the commissioner districts. Referred to Committee on Urban and County Affairs. HB 1859. By Representative Skipper of the 116th: A bill to amend an Act creating a Board of Commissioners of Roads and Reve nues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the salaries of the chairman and members of the Board of Com missioners of Sumter County. Referred to Committee on Urban and County Affairs. HB 1862. By Representatives Smith of the 16th, Childers of the 15th and McKelvey of the 15th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from staggered to concurrent. Referred to Committee on Urban and County Affairs. HB 1864. By Representative Moultrie of the 93rd: A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a FRIDAY, FEBRUARY 28, 1992 1329 current list of the members and all employees of the Board of Education of Har ris County," so as to repeal the requirement for competitive bidding on all mater ials, equipment and supplies purchased by the Board of Education of Harris County. Referred to Committee on Urban and County Affairs. HB 1865. By Representatives Milam of the 81st and Davis of the 77th: A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district. Referred to Committee on Urban and County Affairs. HB 1876. By Representatives Smith of the 16th and Childers of the 15th: A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide that the county manager shall make recommendations to the board relating to the appointment of future heads of county departments. Referred to Committee on Urban and County Affairs. HB 1898. By Representatives Twiggs of the 4th and Colwell of the 4th: A bill to amend an Act incorporating the City of Sky Valley, so as to change the provisions relating to the mayor pro tern.. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1198. Do pass. HB 1225. Do pass. HB 1241. Do pass. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 744. Do pass. HB 328. Do not pass. HB 1434. Do pass. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill 1330 JOURNAL OF THE SENATE of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SB 687. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th 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 1444. Do pass by substitute. HB 1605. Do pass. HB 1606. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1204. Do pass as amended. HB 1718. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate and House were read the second time: SB 503. By Senators Foster of the 50th, Kidd of the 25th, Ray of the 19th and Garner of the 30th: A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions, so as to provide that any correctional institution which houses 500 or more inmates shall employ a full-time chaplain; to provide for qualifications. SB 615. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped per sons; to change certain provisions relating to the powers and duties of the administrator. SB 700. By Senators Edge of the 28th, Albert of the 23rd and English of the 21st: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. FRIDAY, FEBRUARY 28, 1992 1331 SB 728. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday at festi vals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements. SB 730. By Senator Broun of the 46th: A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to authorize agreements for probation services and other services for municipal courts; to au thorize establishment of probation systems for municipal courts; to provide for procedures and requirements related thereto. HB 150. By Representatives Barnett of the 59th and Davis of the 45th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the furnishing to, the purchasing of, or the possession by persons under 21 years of age of alcoholic beverages, so as to provide that per sons under 21 years of age who are convicted of unlawful possession of alcoholic beverages shall be required to complete a DUI alcohol or drug use risk reduction program. HB 666. By Representative Meadows of the 91st: A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities, so as to change the maximum number of directors of a development authority. HB 1103. By Representative Lane of the 27th: A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to change the date upon which ex isting municipal and county ordinances or resolutions imposing development ex actions for system improvements must be brought into conformance with the chapter. HB 1275. By Representative Dunn of the 73rd: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize attendance at driver improvement programs in lieu of assessment of points for certain traffic violations. HB 1284. By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Part 1 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to units designed to be affixed to foundations or ex isting buildings, so as to repeal a definition; to authorize civil actions against dealers of industrialized buildings. HB 1392. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Section 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats. 1332 JOURNAL OF THE SENATE HB 1437. By Representatives Lucas of the 102nd, Pinkston of the 100th, Groover of the 99th and Randall of the 101st: A bill to amend Chapter 8 of Title 3 of the Official Code of Georgia Annotated, relating to the sale of alcoholic beverages at publicly owned facilities, so as to authorize certain coliseum authorities to sell alcoholic beverages for consumption on the premises only upon property owned or controlled by such authorities. HB 1508. By Representatives Coker of the 21st, Klein of the 21st and Atkins of the 21st: 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 acceptance by the Department of Public Safety of certificates of completion of all defensive driving, alcohol and drug, and driving under the influence clinics and programs approved by any other state for purposes of reinstatement of drivers' licenses. HB 1520. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th: A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, relating to rules for granting letters of administration generally and with the will annexed, so as to provide that a trustee of any trust having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by the will, shall be authorized to express a choice on behalf of the beneficiaries of the trust. HB 1545. By Representatives Baker of the 51st, Irwin of the 57th, Sherrill of the 47th and Dunn of the 73rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide new standards for the designation of official organs. HB 1612. By Representative Groover of the 99th: A bill to amend Part 5 of Article 1 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the execution of corporate documents, and Article 1 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relating to corporations, so as to create a presumption of authority when the president or vice-president of a corporation executes a doc ument and that document is attested to by the secretary, assistant secretary, or other officer to whom such responsibility has been delegated. The President called for the morning roll call, and the following Senators answered to their names: Baldwin Bishop Bowen Broun of 46th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons FRIDAY, FEBRUARY 28, 1992 1333 Turner Tysinger Walker of 43rd White Those not answering were Senators: Albert ABrlloewnn of 26th Coleman Foster Hammill L,,angford Move Ragan of 32nd Ramsey Shumake Starr Walker of 22nd The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Tysinger of the 41st introduced the chaplain of the day, Dr. S. Barry Eller, pastor of Doraville Presbyterian Church, Doraville, Georgia, who offered scripture reading and prayer. Lieutenant Governor Howard introduced Pat Buchanan, a candidate for the President of the United States, who briefly addressed the Senate. Senator Thompson of the 33rd moved that the following bill of the Senate be with drawn from the Senate Committee on Consumer Affairs and committed to the Senate Com mittee on Special Judiciary: SB 589. By Senators Thompson of the 33rd and Deal of the 49th: A bill to amend Article 3 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited conduct on premises licensed to dispense alco holic beverages, so as to provide that it shall be unlawful for certain persons employed to work in any such licensed premises to consume any alcoholic bever ages on the premises during such employee's hours of employment. On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 589 was with drawn from the Senate Committee on Consumer Affairs and committed to the Senate Com mittee on Special Judiciary. Senator Robinson of the 16th moved that Senator Brown of the 26th be excused from the Senate today due to pressing family business. On the motion, the yeas were 35, nays 0; the motion prevailed, and Senator Brown of the 26th was excused from the Senate today. Senator Hill of the 4th moved that Senator Hammill of the 3rd be excused from the Senate today due to pressing business in his district. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Hammill of the 3rd was excused from the Senate today. Senator Collins of the 17th moved that Senator Albert of the 23rd be excused from the Senate today due to pressing business. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Albert of the 23rd was excused from the Senate today. Senator Henson of the 55th moved that Senator Moye of the 34th be excused from the Senate today due to daughter's surgery. 1334 JOURNAL OF THE SENATE On the motion, the yeas were 32, nays 0; the motion prevailed, and Senator Moye of the 34th was excused from the Senate today. The following local, uncontested bills of the House, favorably reported by the commit tee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Friday, February 28, 1992 TWENTY-FIFTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *HB 1444 Huggins, 53rd Ramsey, 54th CATOOSA COUNTY A bill to abolish the Catoosa Utility District and board of utility commission ers for Catoosa County. (SUBSTITUTE) HB 1605 Moye, 34th FAYETTE COUNTY A bill to amend an Act incorporating Peachtree City, so as to provide for the terms of office of mayor and city council. HB 1606 Moye, 34th CITY OF FAYETTEVILLE A bill to amend an Act creating a new charter for the City of Fayetteville, so as to provide for the manner of electing members of the city council and the mayor. The substitute to the following bill was put upon its adoption: *HB 1444: The Senate Committee on Urban & County Affairs offered the following substitute to HB 1444: A BILL To be entitled an Act to abolish the Catoosa Utility District and the board of utilities commissioners for Catoosa County upon the passage of a resolution by the Board of Com missioners of Catoosa County; to provide for the assets, liabilities, rights of action, con tracts, and obligations of the district and the board; to provide for personnel; to provide effective dates; to provide for a referendum; to provide for the repeal of an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended; to provide effective dates; to provide for when this Act shall be null and void; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. After passage of a resolution by the Board of Commissioners of Catoosa County and effective on or after January 1, 1994, the Catoosa Utility District and the board of utilities commissioners for Catoosa County are abolished. Upon adoption of such resolu tion, all assets, liabilities, rights of action, contracts, and obligations of the Catoosa Utility District and the board of utilities commissioners shall become assets, liabilities, rights of action, contracts, and obligations of the Board of Commissioners of Catoosa County and shall be under the jurisdiction, management, and control of the board of commissioners. FRIDAY, FEBRUARY 28, 1992 1335 Prior to January 1, 1994, it shall be the duty of the board of utilities commissioners and the Board of Commissioners of Catoosa County to execute such agreements and to take appro priate and necessary actions to provide for the orderly transfer of assets, liabilities, rights of action, contracts, and obligations as required by this Act. Section 2. Prior to the passage of a resolution by the Board of Commissioners of Catoosa County which abolishes the Catoosa Utility District and the board of utilities com missioners for Catoosa County, the county commissioners shall have two public hearings to entertain evidence and allegations of mismanagement on the part of the Catoosa Utility District and the board of utilities commissioners for Catoosa County. Thereafter, an inde pendent audit and study of the utility district may be conducted. The audit shall include, but shall not be limited to, a certified financial audit and an engineering study. The audit and study must show mismanagement on the part of the present utility district and its commissioners and the feasibility of having the county governing authority take over such duties; provided, however, that it shall not be necessary for mismanagement to be shown in order for the board of commissioners to take over the duties of the utility district and the board of utilities commissioners. It is the intent of this Act that if the utility district and the board of utilities commissioners for Catoosa County are abolished that the personnel em ployed by the board of utilities commissioners for Catoosa County shall be retained by the Board of Commissioners of Catoosa County and that their benefits shall remain the same. Section 3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Catoosa County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Catoosa County for approval or rejection. The election superintendent shall conduct that election on November 3, 1992, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Catoosa County. The ballot shall have written or printed thereon the words: "[ ] YES [ ] NO Shall the Act be approved which empowers the Board of Commissioners of Catoosa County, upon passage of a resolution, to abolish the Catoosa Utility District and the board of utilities commissioners for Catoosa County and transfers the personnel, assets, liabilities, rights of action, contracts, and ob ligations to the Board of Commissioners of Catoosa County?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Section 2 shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as pro vided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Catoosa County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State. Section 4. Upon passage of a resolution by the Board of Commissioners of Catoosa County calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners for Catoosa County, an Act creating a board of utilities commissioners for Catoosa County, Georgia, approved March 17, 1956 (Ga. L. 1956, p. 3499), as amended, is repealed in its entirety. Section 5. Sections 3 and 6 and this section of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. Sec tion 2 of this Act shall become effective as provided in Section 3 of this Act. Section 1 of this Act shall become effective upon the passage of a resolution of the Board of Commis sioners of Catoosa County calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners. Section 6. If, after January 1, 1995, the Board of Commissioners of Catoosa County has 1336 JOURNAL OF THE SENATE not adopted a resolution calling for the abolishment of the Catoosa Utility District and the board of utilities commissioners of Catoosa County, this Act shall be null and void and shall stand repealed in its entirety. Section 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 47, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th BC,luaryton Collins DDeaawl kins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson 2Ho11o1 k, s Huggins JKoihdndson Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr TStaetienberg _, T*h*oympson limmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert (excused) Brown of 26th (excused) Coleman Hammill (excused) Langford Moye (excused) Phillips Scott Shumake On the passage of all the local bills, the yeas were 47, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1444, having received the requisite constitutional majority, were passed. HB 1444, having received the requisite constitutional majority, was passed by substitute. SENATE RULES CALENDAR Friday, February 28, 1992 TWENTY-FIFTH LEGISLATIVE DAY SB 681 Long-Term Care Facilities--notices when withdrawing from Medicaid (Substi tute) (YA&HE--42nd) SB 680 Certain Institutional Health Services--commitment to participate Medicaid (Substitute) (YA&HE--42nd) FRIDAY, FEBRUARY 28, 1992 1337 SB 637 Environmental Protection Div./Dept. of Natural Resources--report on lake, river conditions (Substitute) (Amendment) (Nat R--47th) SB 319 Food Caterers--revenue commissioner authorize alcoholic beverages (Substi tutes) (C Aff--25th) SR 482 School Systems--urge adopt water safety programs (Ed--55th) SB 676 Controlled Substances Within Certain Distance of School--felony (Judy--47th) HB 1390 Habitable Structure On, Over Certain Waters--removal procedures (Substitute) (Nat R--45th) SR 490 Legislation Imposing Unrealistic Corporate Average Fuel Energy (CAFE) Stan dards on Automobile Industry--urge reject (Nat R--12th) SB 723 Workers' Compensation Fund--restrictions on cities/counties to create (I&L--24th) SB 701 Insurance Regulation--certain restrictions regarding workers' compensation (I&L--28th) SR 475 Workers' Compensation Trust Fund--benefits to injured not covered (I&L--28th) SB 703 State Commission on Family Violence--create (Judy--42nd) SB 675 Juries--contempt powers of judge dealing with unexcused absentees (Judy--47th) SB 688 Handicapped Parking--disabled occupy vehicle (Amendment) (YA&HE--7th) SB 665 Driving Under the Influence--provisions on driver's license suspension, plea of nolo contendere (Substitute) (Judy--49th) SB 722 Health Insurance--waiting period for benefits for preexisting illness (Amend ment) (I&L--12th) SR 486 Tractor, Farm Equipment Manufacturers, Dealers--regulation (F&PU--44th) Respectfully submitted, /a/ Nathan Dean, of the 31st, Chairman Senate Rules Committee The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 681. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others: A bill to amend Code Section 31-8-116 of the Official Code of Georgia Annotated, relating to involuntary transfer of residents discharged from a long-term care fa cility, so as to provide for additional notices if a facility intends to cease to con tinue to participate in the Medicaid program; to provide for transfer planning and requirements related to transfers, discharges, and planning therefor; to pro vide an effective date. The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to SB 681: A BILL To be entitled an Act to amend Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," so as to pro vide for definitions; to provide for the voluntary termination by a nursing facility of its current provider agreement with the Department of Medical Assistance; to provide for no tices, practices, procedures, and requirements relating to termination of such agreement; to 1338 JOURNAL OF THE SENATE provide for cost reports and the filing thereof; to provide for medical assistance and per diem rates; to provide for the decertification of terminating facilities and limited provider agreements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 7 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, known as the "Georgia Medical Assistance Act of 1977," is amended by adding, following Code Section 49-4-146.1, a new Code Section 49-4-146.2 to read as follows: "49-4-146.2. (a) As used in this Code section, the term: (1) 'Assists' means that the provider will, at a minimum, do the following: (A) Provide the resident, the resident's legal guardian, or the resident's representative with the names, addresses, phone numbers, and contact persons at other facilities appropri ate to the needs of the resident; (B) Contact the identified facilities initially in the resident's behalf; (C) Develop a transfer plan for each resident that addresses the individual needs of the resident during the transfer; (D) Make arrangements for the safe and orderly transfer of the resident; and (E) Provide the resident, guardian, or representative with counseling regarding availa ble community resources and informing the appropriate state or social service organizations, including, but not limited to, the community or state long-term care ombudsman and assist ing in arranging for the transfer or discharge. (2) 'Decertification' means and refers to termination of a facility's limited provider agreement, at such time as no Medicaid eligible residents reside in the facility. (3) 'Limited provider agreement' means and refers to an agreement between a facility and the department whereby the facility agrees to provide nursing facility services to Medi caid eligible residents and the department agrees to pay medical assistance for services ren dered to Medicaid eligible residents during the period of time from termination notice to decertification. (4) 'Medicaid eligible residents' means and refers to persons: (A) Residing in the facility as of the effective date of termination; and (B) Who are certified as recipients of medical assistance prior to the effective date of termination. (5) 'Termination' or 'terminate' refers to voluntary termination by a nursing facility of its current provider agreement with the department. Upon termination, the facility must enter into a limited provider agreement. (b) A nursing facility may voluntarily terminate upon 60 days' written notice to the department. Such notice shall include: (1) The reason or reasons for termination of its current provider agreement; (2) The names and Medicaid identification numbers of all Medicaid eligible residents; (3) The names of residents with applications pending for Medicaid eligibility and the names of any representatives authorized to act for such residents in accordance with para graph (4) of Code Section 31-8-102; (4) Copies of notices which the facility intends to provide to residents and applicants pursuant to subsection (d) of this Code section; and (5) Any other information reasonably deemed by the department to be necessary to process the termination. FRIDAY, FEBRUARY 28, 1992 1339 (c) Any facility which voluntarily terminates its participation must do so in such a man ner as to minimize the harm to current residents and applicants. In meeting this require ment, the facility shall: (1) Enter into a limited provider agreement; (2) Meet the requirements for nursing facilities enrolled as providers of medical assis tance, except as otherwise set forth in the limited provider agreement and this Code section; (3) Assist residents who desire to leave the facility in finding alternative placement; and (4) With regard to residents who are not Medicaid eligible residents at the time of termination, but who subsequently become Medicaid eligible residents, comply with the ap plicable provisions of Code Section 31-8-116 (with the exception of the second sentence of paragraph (3) of subsection (a) of said Code section). (d) The terminating facility must meet the following notice requirements. All notices required under this subsection must be approved by the department: (1) The facility shall notify each Medicaid eligible resident that: (A) The facility has elected to terminate its current provider agreement; (B) The resident may continue to reside in the facility as long as he or she continues to be a recipient of medical assistance; and (C) Should the resident wish to transfer to another facility, the terminating facility will provide orientation and preparation for transfer and assist the resident in locating alterna tive placement; (2) The facility shall notify all other residents: (A) That the facility has elected to terminate its current provider agreement; (B) That the resident will not be entitled to have medical assistance paid on his or her behalf if he or she becomes a Medicaid eligible resident on or after the effective date of termination; and (C) Of his or her rights pursuant to Code Section 31-8-116; and (3) The facility shall notify all applicants on the facility's waiting list that: (A) The facility has elected to terminate its current provider agreement; (B) No resident admitted to the facility after the effective date of termination shall be entitled to have his or her care at such facility covered by medical assistance; (C) The legal rights and protections that apply to all residents (regardless of source of payment) in nursing facilities enrolled as providers of medical assistance will not be availa ble on or after the effective date of decertification; and (D) If such applicant desires to apply to other facilities, the terminating facility will assist the applicant in finding alternative placement. (e) The terminating facility shall receive medical assistance at the per diem rate in effect at the time the facility notified the department of its intention to terminate until such time as rate adjustments are made under the state plan. At that time, the facility's medical assistance rate shall be adjusted to the state-wide average medical assistance rate paid to the class of facilities under the state plan to which the terminating facility belongs. (f) The terminating facility shall be decertified and its limited provider agreement ter minated at such time as no Medicaid eligible residents reside in the facility. (g) A facility shall file a cost report with the department for the fiscal period ending with the effective date of termination in the manner prescribed by the department." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Steinberg of the 42nd offered the following amendment: 1340 JOURNAL OF THE SENATE Amend the substitute to SB 681 offered by the Senate Committee on Youth, Aging and Human Ecology by striking on line 22 of page 1 the following: " 'Assists'", and inserting the following: " 'Assist' ". By adding on line 26 of page 4 between the words "resident" and "in" the following: "and the department". By striking the word "and" on line 18 of page 5 and by inserting between lines 18 and 19 of page 5 the following: "(D) The legal rights and protections under the Georgia Bill of Rights for Residents of Long-Term Care Facilities and under other state laws will continue to be available after the effective date of decertification; and". By striking on line 19 of page 5 the following: "(D)", and inserting the following: "(E)". On the adoption of the amendment, the yeas were 30, nays 1, and the amendment was adopted. On the adoption of the substitute, the yeas were 31, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th urton C,-, o^lyh. ns Drjaewa]kins Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Huggins J,,o.h,n,son Madrdable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr _S,te.inberg Thaompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert (excused) Brown of 26th (excused) Coleman Egan Hammill (excused) Hooks Langford Moye (excused) Shumake Taylor FRIDAY, FEBRUARY 28, 1992 1341 On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Dean of the 31st moved that SB 681 be immediately transmitted to the House. On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 681 was immedi ately transmitted to the House. SB 680. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and Walker of the 22nd: A bill to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide for en forcement of commitments to participate in the Georgia Medicaid program by certain institutional health services; to provide for penalties; to provide an effec tive date. The Senate Committee on Youth, Aging and Human Ecology offered the following sub stitute to SB 680: A BILL To be entitled an Act to amend Article 3 of Chapter 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, so as to provide that certain health care facilities which obtain a certificate of need on or after a certain date and which terminate their participation as providers of medical assistance shall be subject to certain penalties; to provide for exceptions; to provide for a definition; to provide for practices, procedures, and requirements for terminating enrollment as a provider of medical assis tance; 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 6 of Title 31 of the Official Code of Georgia Annotated, relating to the certificate of need program, is amended by adding, following Code Section 31-6-45.1, a new Code Section 31-6-45.2 to read as follows: "31-6-45.2. (a) A health care facility which obtains a certificate of need on or after the effective date of this Code section based upon assurances that it will participate as a pro vider of medical assistance, as defined in paragraph (6) of Code Section 49-4-141, and which terminates its participation as a provider of medical assistance, shall be subject to a mone tary penalty in the amount of the difference between the Medicaid covered services which the facility agreed to provide in its certificate of need application and the amount actually provided; provided, however, that this Code section shall not apply if: (1) Such facility's participation as a provider of medical assistance is terminated by the state or federal governments; or (2) Such facility establishes good cause for terminating its participation as a provider of medical assistance. For purposes of this Code section, 'good cause' shall mean: (A) Changes in the adequacy of medical assistance payments, as defined in paragraph (5) of Code Section 49-4-141, provided that at least 10 percent of the facility's patient days during the preceding 12 month period were attributable to services to recipients of medical assistance, as defined in paragraph (7) of Code Section 49-4-141. Medical assistance pay ments to a facility shall be presumed adequate unless the revenues received by the facility from all sources are less than the total costs set forth in the most recent cost report filed by such facility pursuant to Section 1902(a)(13)(A) of the federal Social Security Act of 1935, 1342 JOURNAL OF THE SENATE as amended, which are allowed under the state plan for purposes of determining such facil ity's reimbursement rate for medical assistance and the aggregate amount of such facility's medical assistance payments (including any amounts received by the facility from recipients of medical assistance) during the preceding full 12 month cost reporting period is less than 85 percent of such facility's Medicaid costs for such period. Medicaid costs shall be deter mined by multiplying the allowable costs set forth in the most recent cost report filed by such facility pursuant to Section 1902(a)(13)(A) of the federal Social Security Act of 1935, as amended, (less any audit adjustments) by the percentage of the facility's patient days during the cost reporting period which were attributable to recipients of medical assistance; (B) Changes in the overall ability of the facility to cover its costs if such changes are of such a degree as to seriously threaten the continued viability of the facility; or (C) Changes in statutes or rules and regulations governing providers of medical assis tance which impose substantial new obligations upon the facility which are not reimbursed by Medicaid and which adversely affect the financial viability of the facility in a substantial manner. (b) A facility seeking to terminate its enrollment as a provider of medical assistance shall submit a written request to the Department of Medical Assistance documenting good cause for termination. The Department of Medical Assistance, after consultation with the planning agency, shall grant or deny the facility's request within 30 days. If the Department of Medical Assistance denies the facility's request, the facility shall be entitled to a hearing conducted in the same manner as an evidentiary hearing conducted by the department pur suant to the provisions of Code Section 49-4-153 within 30 days of the Department of Medi cal Assistance's decision. (c) The imposition of the monetary penalty provided in this Code section shall com mence upon notification to the executive branch of the planning agency by the commis sioner of medical assistance that said facility has terminated its participation as a provider of medical assistance. The monetary penalty shall be levied and collected by the planning agency on an annual basis for every year in which the facility terminates its participation as a provider of medical assistance. Penalties authorized under this Code section shall be sub ject to the same notices and hearings for levy of fines under Code Section 31-6-45." 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 Steinberg of the 42nd offered the following amendment: Amend the substitute to SB 680 offered by the Senate Committee on Youth, Aging and Human Ecology by striking on line 18 of page 1 the following: "A", and inserting the following: "Any proposed or existing". By striking on line 20 of page 1 the following: "upon", and inserting the following: "in part upon". By striking lines 13 through 14 of page 2 and inserting the following: "least 10 percent of the facility's utilization during the preceding 12 month period was". By striking lines 21 through 24 of page 2 and inserting the following: "the total costs set forth in the cost report for the preceding full 12 month period filed FRIDAY, FEBRUARY 28, 1992 1343 by such facility pursuant to the state plan as defined in paragraph (8) of Code Section 49-4141 which are". By striking lines 1 through 9 of page 3 and inserting the following: "multiplying the allowable costs set forth in the cost report, less any audit adjustments, by the percentage of the facility's utilization during the cost reporting period which was attributable to recipients of medical assistance;". By striking on line 15 of page 3 the following: "statutes", and inserting the following: "the state plan, statutes,". By striking on line 32 of page 3 the following: "department", and inserting the following: "Department of Medical Assistance". By striking on line 3 of page 4 the following: "branch", and inserting the following: "director". By striking on line 9 of page 4 the following: "terminates its participation", and inserting the following: "fails to participate". By inserting on line 12 of page 4 between the words "hearings" and "for" the following: "as provided". 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 31, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Clay Coleman Collins Dawkins Deal Dean Edge English Foster Garner Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Marable Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey 1344 JOURNAL OF THE SENATE Ray Robinson Starr Steinberg Thompson Timmons Tysinger White Those voting in the negative were Senators: Burton Echols Perry Turner Those not voting were Senators: Albert (excused) Brown of 26th (excused) Egan Hammill (excused) Hooks Langford Moye (excused) Newbill Scott Shumake Tate Taylor Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 38, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Dean of the 31st moved that SB 680 be immediately transmitted to the House. On the motion, the yeas were 31, nays 1; the motion prevailed, and SB 680 was immedi ately transmitted to the House. Senator Baldwin of the 29th introduced the doctor of the day, Dr. Julian Duttera, of LaGrange, Georgia. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 637. By Senators Johnson of the 47th, Pollard of the 24th, Edge of the 28th and Egan of the 40th: A bill to amend Code Section 12-5-23 of the Official Code of Georgia Annotated, relating to the powers and duties of the Environmental Protection Division of the Department of Natural Resources as to the control of water pollution and surface-water use, so as to provide that the division shall report to certain officers on the condition of certain lakes and rivers. The Senate Committee on Natural Resources offered the following substitute to SB 637: 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 define certain terms; to provide for the de velopment and implementation of whole river basin management plans for certain rivers; to provide for the contents of such plan; to provide for the appointment and duties of river basin coordinators; to provide for the appointment and duties of local advisory committees; to provide for notice and public hearings; to provide for submission to and approval of plans to the Board of Natural Resources; to provide for the application for and use of certain funds; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 28, 1992 1345 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 thereof the following: "ARTICLE 8 12-5-520. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Director' means the director of the Environmental Protection Division of the De partment of Natural Resources. 12-5-521. The director shall develop and implement whole river basin management plans for the following rivers: Altamaha, Chattahoochee, Coosa, Flint, Ochlocknee, Ocmulgee, Oconee, Ogeechee, St. Marys, Satilla, Savannah, Suwanee, Tallapoosa, and Ten nessee. The director shall begin development of the management plan for the Chattahoo chee and Flint river basins by December 31, 1992, and for the Coosa river basin by Decem ber 31, 1993. Beginning in 1994, the director shall begin development of three management plans per calendar year until all required management plans have been begun. All manage ment plans shall be completed not later than five years after they were begun and shall be made available to the public within 180 days after completion. 12-5-522. The management plans provided by Code Section 12-5-521 shall include, but not be limited to, the following: (1) A description of the watershed, including the geographic boundaries, historical and current uses, hydrogeology, and a description of water quality, including the current water quality conditions; (2) An identification of all governmental units that have jurisdiction over the watershed and its drainage basin; (3) A description of land uses within the drainage basin and important tributaries in cluding point and nonpoint sources of pollution; (4) A description of the goals of the management plan, which may include educating the general public on matters involving the environmental and ecological concerns specific to the river basin, improving water quality and reducing pollution at the source, improving aquatic habitat and reestablishing native species of fish, restoring and protecting wildlife habitat, and providing recreational benefits; and (5) A description of the strategies and measures necessary to accomplish such goals. 12-5-523. Prior to beginning development of any management plan, the director shall appoint one or more river basin coordinators for each river basin. There shall be one such coordinator for every 250 miles of river. The director shall involve the coordinator in all aspects of developing and implementing the management plan. The river basin coordinators shall serve without compensation or reimbursement of expenses. 12-5-524. As an initial action in the development of a management plan, the director shall appoint local advisory committees for each river basin to consist of five citizens. There shall be one local advisory committee for every 125 miles of river. The river basin coordina tor in whose district the majority of the local advisory committee district is located shall act as chairman of the committee. The local advisory committees shall provide advice and coun sel to the director during the development and implementation of the management plan. Each committee shall meet at the call of the chairman but not less than once every four months. At least once every year, all local advisory committees for the river basin shall meet jointly. The members of the local advisory committees shall serve without compensation or reimbursement of expenses. 12-5-525. (a) Upon completion of the penultimate draft of a management plan, the di rector shall conduct public hearings within the river basin. At least one public hearing shall be held in each local advisory committee's district. The director shall publish notice of each 1346 JOURNAL OF THE SENATE such public hearing in a newspaper of general circulation in the area announcing the date, time, place, and purpose of the public hearing. A draft of the management plan shall be made available to the public at least 30 days prior to the public hearing. The director shall receive public comment at the public hearing and for a period of at least ten days after the public hearing. (b) The division shall evaluate the comments received as a result of the public hearings and shall develop the final draft of the management plan for submission to the board for consideration within 60 days of the public hearing. (c) The board shall consider the management plan within 60 days after submission by the director. The department shall publish the management plan adopted by the board and shall make copies available to all interested local governmental officials and citizens within the river basin covered by such management plan. 12-5-526. The director is directed to apply for the maximum amount of available funds pursuant to Sections 106, 314, 319, and 104(b)(2) of Public Law 95-217, the federal Clean Water Act, and any other available source for the implementation and development of river basin management plans." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Johnson of the 47th offered the following amendment: Amend the substitute to SB 637 offered by the Senate Committee on Natural Resources by inserting on line 10 of page 1 following the word and symbol "Resources;" the following: "to make certain provisions relative to issuing certain permits;". By striking on line 7 of page 2 the words "three management plans" and inserting in lieu thereof the following: "one management plan". By striking on line 17 of page 2 the words "and current" and inserting in lieu thereof the following: ", current, and projected". By striking on line 4 of page 3 the words "accomplish such" and inserting in lieu thereof the following: "implement the management plan and accomplish the stated". By inserting immediately following line 18 of page 4 the following: "(d) Upon the board's adoption of a final whole river basin management plan, all per mitting, licensing, planning, plan implementation, and other activities conducted by or under the control of the Department of Natural Resources shall be consistent with such plan.". On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: FRIDAY, FEBRUARY 28, 1992 1347 Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott gtarr Steinberg Tate rr> , ^aylor Thompson Timmons Turner Tysmger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert (excused) Brown of 26th (excused) Coleman Egan Hammill (excused) Langford Moye (excused) Phillips Shumake On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd, Townsend of the 24th and Lupton of the 25th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to require persons to keep firearms in a locked container or in another reasonably secure manner. The following bill of the House was read the first time and referred to committee: HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to require persons to keep firearms in a locked container or in another reasonably secure manner. Referred to Committee on Judiciary. The following general bill of the Senate, having been read the third time on January 13, 1348 JOURNAL OF THE SENATE 1992, and committed to the Senate Committee on Consumer Affairs, and favorably reported by the committee, was put upon its passage: SB 319. By Senator Albert of the 23rd: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor. The Senate Committee on Consumer Affairs offered the following substitute to SB 319: A BILL To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the licensing of alcoholic beverage cater ers; to provide that licensed retail dealers may also be licensed to sell distilled spirits, malt beverages, or wine for consumption off premises in connection with authorized catered func tions; to define certain terms; to provide for licensing by local governing authorities; to pro vide for license fees; to require a licensed alcoholic beverage caterer to obtain an event per mit when catering a function; to provide for permit fees under certain conditions; to provide that certain actions of licensed alcoholic beverage caterers in connection with the selling of distilled spirits, malt beverages, or wine at authorized catered functions shall constitute un lawful conduct; to provide for certain reports to the commissioner; to provide for require ments relative to transporting alcoholic beverages; to provide for the protection of the col lection of local excise taxes; to provide for prohibitions relative to dispensing, serving, selling, purchasing, or possession of alcoholic beverages by persons under 21 years of age; to provide a penalty; to provide for the commissioner of revenue to promulgate rules and regu lations to implement and carry out the provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, is amended by adding at the end thereof a new Chapter 11 to read as follows: "CHAPTER 11 3-11-1. As used in this chapter, the term: (1) 'Food caterer' means any person who prepares food for consumption off the premises. (2) 'Licensed alcoholic beverage caterer' means any retail dealer who has been licensed pursuant to Article 2 of Chapter 4, Article 2 of Chapter 5, or Article 2 of Chapter 6 of this title at least one year prior to the filing of an application for a license pursuant to this chapter and is licensed under and in compliance with all the provisions of this chapter. (3) 'Person' means any individual, company, corporation, association, partnership, or other legal entity. 3-11-2. (a) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell malt beverages or wine by the drink for consumption on the premises may be issued from the same licensing au thority an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (b) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell malt beverages or wine by the package for consumption off the premises may be issued from the same licensing authority FRIDAY, FEBRUARY 28, 1992 1349 an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (c) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell distilled spirits by the drink for consumption on the premises may be issued from the same licensing authority an off-pre mise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (d) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell distilled spirits by the package for consumption off the premises may be issued from the same licensing authority an offpremise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (e) An alcoholic beverage caterer shall make application for an off-premise license as provided in subsections (a) and (c) or subsections (b) and (d) of this Code section with the appropriate local licensing authority and shall pay to the local licensing authority an annual license fee as fixed by the local licensing authority, provided that the total of such local license fees shall not exceed $5,000.00 for any one licensed location. 3-11-3. In order to distribute or sell distilled spirits, malt beverages, or wine at an au thorized catered function, a licensed alcoholic beverage caterer shall be required to: (1) Apply to the local governing authority of the jurisdiction where the function is to be catered for an event permit. The application shall include the name of the caterer; the date, address, and time of the event; and the licensed alcoholic beverage caterer's license number. When the catered function is domiciled in a local political subdivision other than that which issues the alcoholic beverage caterer's license, that local governing authority shall be author ized to charge an event permit fee of $50.00; (2) Provide satisfactory reports to the commissioner on forms provided by the depart ment stating the quantity of any and all alcoholic beverages transported from the licensees primary premises to the location of the authorized catered function and such other informa tion as required by the commissioner; and (3) Maintain original local event permits and documents required by the department in the vehicle transporting the alcoholic beverages to the catered function at all times. 3-11-4. (a) It shall be unlawful for a food caterer to distribute or sell distilled spirits, malt beverages, or wine off the premises of the food caterer's business without a license issued pursuant to this chapter. This subsection shall not affect any other provisions of this title which may require a food caterer who has a license to sell alcoholic beverages on the premises of the food caterer's business. (b) It shall be unlawful for a licensed alcoholic beverage caterer licensed under this chapter to distribute or sell distilled spirits, malt beverages, or wine off premises except in connection with an authorized catered function within the scope of the event permit. (c) (1) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits in any jurisdiction which does not permit the sale of distilled spirits by the drink for consumption only on the premises. (2) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell malt beverages or wine in any jurisdiction which does not permit the sale of malt beverages or wine by the drink for consumption only on the premises. (d) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits, malt beverages, or wine during any hours in which the sale of alcoholic beverages by the drink for consumption only on the premises is not permitted in the jurisdiction. (e) It shall be unlawful for a licensed alcoholic beverage caterer to employ any person 1350 JOURNAL OF THE SENATE under 21 years of age who, in the course of such employment, would dispense, serve, sell, or handle alcoholic beverages. It is the intent of this subsection to prevent any person em ployed by such caterer, or any other employee, to knowingly violate any prohibitions con tained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age. (f) Any person violating the provisions of this Code section shall be guilty of a misdemeanor. 3-11-5. The commissioner shall be authorized to promulgate rules and regulations to implement and carry out the provisions of this chapter." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Albert of the 23rd offered the following substitute to SB 319: A BILL To be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide for the licensing of alcoholic beverage cater ers; to provide that licensed retail dealers may also be licensed to sell distilled spirits, malt beverages, or wine for consumption off premises in connection with authorized catered func tions; to define certain terms; to provide for licensing by local governing authorities; to pro vide for license fees; to require a licensed alcoholic beverage caterer to obtain an event per mit when catering a function; to provide for permit fees under certain conditions; to provide for the levy of local excise taxes on the total quantity of alcoholic beverages brought into certain political jurisdictions by a caterer; to provide that certain actions of licensed alco holic beverage caterers in connection with the selling of distilled spirits, malt beverages, or wine at authorized catered functions shall constitute unlawful conduct; to provide for cer tain reports to the commissioner; to provide for requirements relative to transporting alco holic beverages; to provide for the protection of the collection of local excise taxes; to pro vide for prohibitions relative to dispensing, serving, selling, purchasing, or possession of alcoholic beverages by persons under 21 years of age; to provide for construction; to provide a penalty; to provide for the commissioner of revenue to promulgate rules and regulations to implement and carry out the provisions of this Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic bever ages, is amended by adding at the end thereof a new Chapter 11 to read as follows: "CHAPTER 11 3-11-1. As used in this chapter, the term: (1) 'Food caterer' means any person who prepares food for consumption off the premises. (2) 'Licensed alcoholic beverage caterer' means any retail dealer who has been licensed pursuant to Article 2 of Chapter 4, Article 2 of Chapter 5, or Article 2 of Chapter 6 of this title. (3) 'Person' means any individual, company, corporation, association, partnership, or other legal entity. 3-11-2. (a) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell malt beverages or wine by the drink for consumption on the premises may be issued from the same licensing au thority an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (b) Any licensed alcoholic beverage caterer who additionally holds a valid license from a FRIDAY, FEBRUARY 28, 1992 1351 county or municipality which authorizes the licensee to sell malt beverages or wine by the package for consumption off the premises may be issued from the same licensing authority an off-premise license which authorizes such licensed alcoholic beverage caterer to sell malt beverages or wine by the drink off premises and in connection with an authorized catered function. (c) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell distilled spirits by the drink for consumption on the premises may be issued from the same licensing authority an off-pre mise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (d) Any licensed alcoholic beverage caterer who additionally holds a valid license from a county or municipality which authorizes the licensee to sell distilled spirits by the package for consumption off the premises may be issued from the same licensing authority an offpremise license which authorizes such licensed alcoholic beverage caterer to sell distilled spirits by the drink off premises and in connection with an authorized catered function. (e) An alcoholic beverage caterer shall make application for an off-premise license as provided in subsections (a) and (c) or subsections (b) and (d) of this Code section with the appropriate local licensing authority and shall pay to the local licensing authority an annual license fee as fixed by the local licensing authority, provided that the total of such local license fees shall not exceed $5,000.00 for any one licensed location. 3-11-3. In order to distribute or sell distilled spirits, malt beverages, or wine at an au thorized catered function, a licensed alcoholic beverage caterer shall be required to: (1) Apply to the local governing authority of the jurisdiction where the function is to be catered for an event permit. The application shall include the name of the caterer; the date, address, and time of the event; and the licensed alcoholic beverage caterer's license number. When the catered function is domiciled in a local political subdivision other than that which issues the alcoholic beverage caterer's license, that local governing authority shall be author ized to charge an event permit fee of $50.00 and levy local excise taxes on the total quantity of alcoholic beverages brought into such political subdivision by the caterer; (2) Provide satisfactory reports to the commissioner on forms provided by the depart ment stating the quantity of any and all alcoholic beverages transported from the licensees primary premises to the location of the authorized catered function and such other informa tion as required by the commissioner; and (3) Maintain original local event permits and documents required by the department in the vehicle transporting the alcoholic beverages to the catered function at all times. 3-11-4. (a) It shall be unlawful for a food caterer to distribute or sell distilled spirits, malt beverages, or wine off the premises of the food caterer's business without a license issued pursuant to this chapter. This subsection shall not affect any other provisions of this title which may require a food caterer who has a license to sell alcoholic beverages on the premises of the food caterer's business. (b) It shall be unlawful for a licensed alcoholic beverage caterer licensed under this chapter to distribute or sell distilled spirits, malt beverages, or wine off premises except in connection with an authorized catered function within the scope of the event permit. (c) (1) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits in any jurisdiction which does not permit the sale of distilled spirits by the drink for consumption only on the premises. (2) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell malt beverages or wine in any jurisdiction which does not permit the sale of malt beverages or wine by the drink for consumption only on the premises. (d) It shall be unlawful for a licensed alcoholic beverage caterer to distribute or sell distilled spirits, malt beverages, or wine during any hours in which the sale of alcoholic 1352 JOURNAL OF THE SENATE beverages by the drink for consumption only on the premises is not permitted in the jurisdiction. (e) It shall be unlawful for a licensed alcoholic beverage caterer to employ any person under 21 years of age who, in the course of such employment, would dispense, serve, sell, or handle alcoholic beverages. It is the intent of this subsection to prevent any person em ployed by such caterer, or any other employee, to knowingly violate any prohibitions con tained in Code Section 3-3-23, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age. (f) Nothing in this chapter shall be construed to authorize the sale of alcoholic bever ages by a caterer in any jurisdiction where the sale of distilled spirits by the drink for con sumption only on the premises has not been legalized. (g) Any person violating the provisions of this Code section shall be guilty of a misdemeanor. 3-11-5. The commissioner shall be authorized to promulgate rules and regulations to implement and carry out the provisions of this chapter." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute offered by the Senate Committee on Consumer Af fairs, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Clay Steinberg Tysinger Those voting in the negative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Burton Collins Deal Dean Echols Edge English Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert (excused) Brown of 26th (excused) Coleman Dawkins Egan Foster Hammill (excused) Langford Moye (excused) Phillips Shumake Thompson On the adoption of the substitute offered by the Senate Committee on Consumer Af fairs, the yeas were 3, nays 41, and the substitute was lost. On the adoption of the substitute offered by Senator Albert of the 23rd, the yeas were 33, nays 1, and the substitute was adopted. FRIDAY, FEBRUARY 28, 1992 1353 The President announced that, pursuant to Senate Rule 143, consideration of SB 319 would be suspended and placed on the Senate General Calendar. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 482. By Senators Henson of the 55th and Ramsey of the 54th: A resolution urging the adoption of water safety programs by school systems throughout the State of Georgia. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Bowen Broun of 46th Clay CDoawlhknisns Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson HHiolol ks Huggins Johnson Kidd Marable Perdue Perry Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Shtteeiinnbbeerrgg Taylor Thompson Timmons Turner Walker of 43rd White Those voting in the negative were Senators: Burton Newbill Phillips Tysinger Those not voting were Senators: Albert (excused) Alien Brown of 26th (excused) Coleman Egan Hammill (excused) Langford Moye (excused) Pollard Scott Shumake Starr Tate Walker of 22nd On the adoption of the resolution, the yeas were 38, nays 4. The resolution, having received the requite constitutional majority, was adopted. The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: SB 676. By Senators Johnson of the 47th and Deal of the 49th: A bill to amend Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, so as to provide that manufacturing, distribut ing, dispensing, or possessing with intent to distribute a counterfeit substance in, on, or within 1,000 feet of any public or private school is a felony. 1354 JOURNAL OF THE SENATE Senator Johnson of the 47th offered the following amendment: Amend SB 676 by adding "unless the manufacture, distribution, or dispensing is otherwise allowed by law" fol lowing "education" on line 23 on page 1. 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: Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Brown of 26th (excused) Coleman Egan Hammill (excused) Langford Moye (excused) Shumake 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 1390. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, so as to provide procedures for remov ing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation. Senate Sponsor: Senator Dawkins of the 45th. The Senate Committee on Natural Resources offered the following substitute to HB 1390: A BILL To be entitled an Act to amend Title 52 of the Official Code of Georgia Annotated, FRIDAY, FEBRUARY 28, 1992 1355 relating to waters of the state, ports, and watercraft, so as to provide procedures for remov ing structures located on or over tidewaters, navigable streams, and navigable rivers of the state which are used as places of habitation, dwelling, sojournment, or residence; to provide short titles; to provide statements of legislative purpose; to define certain words and phrases; to make the existence of such structures unlawful; to provide for the issuance of administrative orders by the commissioner of natural resources; to provide for the contents of such orders; to provide for service of such orders; to provide for a right to a hearing before an administrative law judge to contest such orders; to provide for the procedures to be utilized in the conduct of such hearings; to provide for judicial review; to provide when a structure will be deemed contraband; to provide for the seizure and removal of the contra band structure; to provide for posting notice on the contraband structure and allowing 30 days for the owner or possessor of such contraband structure to remove same; to provide for the sale of such contraband structure and the disposition of the proceeds; to preserve cer tain rights of action; to provide for the permitting of certain structures on the tidewaters, navigable streams, and navigable rivers of the state for a certain period of time; 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. Title 52 of the Official Code of Georgia Annotated, relating to waters of the state, ports, and watercraft, is amended by adding thereto a new Chapter 1 to read as follows: "CHAPTER 1 ARTICLE 1 52-1-1. This article shall be known and may be cited as the 'Protection of Tidewaters Act.' 52-1-2. The General Assembly finds and declares that the State of Georgia became the owner of the beds of all tidewaters within the jurisdiction of the State of Georgia as succes sor to the Crown of England and by the common law. The State of Georgia continues to hold title to the beds of all tidewaters within the state, except where title in a private party can be traced to a valid Crown or state grant which explicitly conveyed the beds of such tidewaters. The General Assembly further finds that the State of Georgia, as sovereign, is trustee of the rights of the people of the state to use and enjoy all tidewaters which are capable of use for fishing, passage, navigation, commerce, and transportation, pursuant to the common law public trust doctrine. Therefore, the General Assembly declares that the protection of tidewaters for use by the state and its citizens has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, conse quently, is properly a matter for regulation under the police powers of the state. The Gen eral Assembly further finds and declares that structures located upon tidewaters which are used as places of habitation, dwelling, sojournment, or residence interfere with the state's proprietary interest or the public trust, or both, and must be removed to ensure the rights of the state and the people of the State of Georgia to the use and enjoyment of such tidewa ters. It is declared to be a policy of this state and the intent of this article to protect the tidewaters of the state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such tidewaters in accordance with the proce dures and within the timetable set forth in this article. 52-1-3. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources. (3) 'Structure' means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being 1356 JOURNAL OF THE SENATE used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are capable of navigation and are tied up at marinas. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. (4) 'Tidewaters' means the sea and all rivers and arms of the sea that are affected by the tide, where the tide rises and falls, which are capable of use for fishing, passage, naviga tion, commerce, or transportation, and which are located within the jurisdiction of the State of Georgia. 52-1-4. The existence of a structure as defined in this article is declared to be a public nuisance and unlawful. 52-1-5. Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed 'TO ALL PERSONS IN POS SESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE.' The order shall de scribe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order be comes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section 52-1-6. The order shall apprise the person or persons of their right to request a hearing and of the procedures nec essary to obtain a hearing pursuant to Code Section 52-1-6. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a news paper printed and published in the county in which the structure is located or in a newspa per of general circulation in the county in which the structure is located. The order shall then be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or, if no such person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order so posted must be protected from the weather by encasing same in a weatherproof, trans parent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served either upon a person of suitable age and discretion in posses sion of the structure personally or that no such person was found in possession of the struc ture and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such per son in possession; provided, however, that where the address of the person or persons claim ing ownership of the structure is known, a copy of such order shall be mailed to such per sons by certified mail as part of the service process during the period of time that the order is being published in the newspaper. 52-1-6. Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-5 or Code Section 52-1-10 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the adminis trative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursu ant thereto. Unless waived by the commissioner, any person seeking a hearing has the bur den of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any FRIDAY, FEBRUARY 28, 1992 1357 decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure pro vided for the petitioner in this Code section is to the exclusion of all other means of hearing or review. 52-1-7. Whenever any order issued by the commissioner pursuant to Code Section 52-15 becomes final or whenever any order adverse to the owner or possessor of a structure issued by the administrative law judge pursuant to Code Section 52-1-6 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the structure becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commis sioner shall securely post a notice in a conspicuous place on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail a copy of such notice to such person or persons by certified mail informing such person or persons claiming ownership of or in pos session of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commis sioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund. 52-1-8. Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any littoral proprietor within this state, or any other citizen of this state. 52-1-9. In the event the commissioner determines that the seizure and removal of a structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-7, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure. 52-1-10. (a) The commissioner may, after July 1, 1992, issue a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon tidewaters of the state; provided, however, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction. No permit shall be issued for a term ending after June 30, 1997. (b) No permit issued by the commissioner pursuant to subsection (a) of this Code sec tion shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules. ARTICLE 2 52-1-30. This article shall be known and may be cited as the 'Right of Passage Act.' 52-1-31. The General Assembly finds and declares that by the common law the citizens of this state have an inherent right to use as highways all navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year and that this right of use extends to the entire surface of the stream or river from bank to bank. The General Assembly further finds that the common law regarding such right of use has not been modified by statute nor is it incompatible with the federal or state Constitutions. Therefore, the General Assembly de clares that ensuring the right of use by all the citizens of this state of navigable streams and rivers which are capable of transporting boats loaded with freight in the regular course of 1358 JOURNAL OF THE SENATE trade either for the whole or part of the year as highways has more than local significance, is of equal importance to all citizens of the state, is of state-wide concern, and, consequently, is properly a matter for regulation under the police powers of the state. The General Assem bly further finds and declares that structures located upon navigable streams and rivers which are used as places of habitation, dwelling, sojourmnent, or residence interfere with the citizens' right to use the entire surface of such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year from bank to bank as highways and must be removed to ensure the rights of the citizens of this state to such usage. It is declared to be a policy of this state and the intent of this article to ensure such rights of the citizens of this state by authorizing the commissioner of natural resources to remove or require removal of certain structures from such streams and rivers which are capable of transporting boats loaded with freight in the regular course of trade either for the whole or part of the year in accordance with the proce dures and within the timetable set forth in this article. 52-1-32. As used in this article, the term: (1) 'Board' means the Board of Natural Resources. (2) 'Commissioner' means the commissioner of natural resources. (3) 'Navigable stream or river' means a stream or river which is capable of transporting boats loaded with freight in the regular course of trade either for the whole or a part of the year. (4) 'Structure' means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-139. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are capable of navigation and are tied up at marinas. Structures shall also not include fishing camps, bait shops, res taurants, or other commercial establishments which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located. 52-1-33. The existence of a structure as defined in this article is declared to be a public nuisance and unlawful. 52-1-34. Whenever the commissioner determines that any structure as defined in this article exists, the commissioner may issue an order directed 'TO ALL PERSONS IN POS SESSION OR CLAIMING OWNERSHIP OF THIS STRUCTURE.' The order shall de scribe the structure in reasonable detail, shall set forth the unlawful nature of the structure, and shall order that the structure be removed within a reasonable time after the order be comes final to be prescribed in such order. Any order issued by the commissioner under this article shall be signed by the commissioner. Any such order shall become final unless any person in possession of the structure or any person claiming ownership of or an interest in the structure requests in writing a hearing pursuant to Code Section 52-1-35. The order shall apprise the person or persons of their right to request a hearing and of the procedures necessary to obtain a hearing pursuant to Code Section 52-1-35. The order, in all cases, shall be served by initially publishing the same once each week for two successive weeks in a newspaper printed and published in the county in which the structure is located or in a newspaper of general circulation in the county in which the structure is located. The order shall than be served by a peace officer upon any person of suitable age and discretion found in possession of the structure or if no person is found in possession of the structure, the peace officer shall securely post the order in a conspicuous place on the structure. Any order FRIDAY, FEBRUARY 28, 1992 1359 so posted must be protected from the weather by encasing same in a weatherproof, trans parent material. The date of service shall be stated within the order. The return of the service signed by the peace officer and filed in the office of the commissioner, stating that a copy of such order was served upon a person of suitable age and discretion in possession of the structure personally or that no such person was found in possession of the structure and that a copy of the order was posted in a conspicuous place on the structure in accordance with this Code section, shall be sufficient evidence as to the service of such person in posses sion; provided, however, that where the address of the person or persons claiming ownership of the structure is known, a copy of such order shall be mailed to such persons by certified mail as part of the service process during the period of time that the order is being pub lished in the newspaper. 52-1-35. Any person in possession of the structure or any person claiming ownership of or an interest in the structure which is the subject of an order issued pursuant to Code Section 52-1-34 or Code section 52-1-39 shall, upon petition in writing within 30 days after service of such order, have a right to a hearing before an administrative law judge appointed by the board. Such petition must be filed with the administrative law judge and must be received by the administrative law judge within such 30 day period. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. Unless waived by the commissioner, any person seeking a hearing has the burden of going forward with evidence regarding possession or ownership of or an interest in the structure, and the administrative law judge shall take evidence and hear arguments on this issue and thereafter make a ruling on this issue before continuing with the hearing. Any decision of the administrative law judge shall constitute the final decision of the board, and any party to the hearing, including the commissioner, shall have the right of judicial review thereof in accordance with Chapter 13 of Title 50. The hearing and review procedure pro vided for the petitioner in this Code section is to the exclusion of all other means of hearing or review. 52-1-36. Whenever any order issued by the commissioner pursuant to Code Section 521-34 becomes final or whenever any order adverse to the owner or possessor of a structure issued by the administrative law judge pursuant to Code Section 52-1-35 becomes final by being unappealed or affirmed upon appeal, the structure shall be deemed contraband. Upon the structure becoming contraband, the commissioner or his duly authorized agents shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct; provided, however, that prior to such seizure the commis sioner shall securely post a notice in a conspicuous place on the structure and, if the address of any person or persons claiming ownership of or any person or persons in possession of the structure is known, the commissioner shall mail a copy of such notice to such person or persons by certified mail informing such person or persons claiming ownership of or in pos session of the structure that such structure is considered contraband as a matter of law and that unless the structure is removed within 30 days of the date of the notice, the commis sioner, through his duly appointed agents, shall seize and remove said structure and may sell or dispose of such structure in such manner as the commissioner may direct. Any such notice so posted must be protected from the weather by encasing same in a weatherproof, transparent material. In the event the commissioner sells the structure or the materials of such structure, he may credit and retain the proceeds of such sale against the cost of the removal and disposal of the structure and any remaining balance shall be deposited in the state treasury to the credit of the general fund. 52-1-37. Except as otherwise provided for in this article, any remedy provided for in this article shall be in addition to any other remedy available to the state, any riparian owner within this state, or any other citizen of this state. Further, nothing in this article shall be construed as limiting any right that the state or any citizen of this state has regard ing the right of passage on any stream or river in this state whether or not it is navigable as 'navigable stream or river' is defined in this article. 52-1-38. In the event the commissioner determines that the seizure and removal of a 1360 JOURNAL OF THE SENATE structure shall result in the removal of a person or persons from a permanent residence, the commissioner may, at the end of the 30 day period set forth in Code Section 52-1-36, allow a reasonable period of time for the structure inhabitants to find a new residence prior to the removal of the structure. 52-1-39. (a) The commissioner may, after July 1, 1992, issued a permit for a maximum term of five years for the location, usage, and possession of a structure which existed on February 1, 1992, upon a navigable river or navigable stream of the state; provided, how ever, that no permit shall be issued for any structure which does not conform to and meet the requirements of rules and regulations promulgated by the board establishing minimum standards of sanitation, safety, and construction. No permit shall be issued for a term end ing after June 30, 1997. (b) No permit issued by the commissioner pursuant to subsection (a) of this Code sec tion shall be renewable and a permit may be revoked by the commissioner at any time during its term for failure to continue to meet the requirements of the board's rules." Section 2. In the event any article, section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the article, section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional was not origi nally a part of this Act. The General Assembly declares that it would have passed the re maining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional. 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 Echols of the 6th moved that HB 1390 be committed to the Senate Committee on Natural Resources. Senator Dawkins of the 45th moved the previous question. Senator Echols of the 6th moved that HB 1390 be placed on the Table. On the motion offered by Senator Echols of the 6th, which motion takes precedence, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Bishop Echols Garner Henson Hill Kidd Perry Scott Tate Turner Walker of 43rd Those voting in the negative were Senators: Alien Baldwin Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Deal Dean Edge English Foster Gillis Harris Hasty Hooks Huggins Johnson Marable Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson FRIDAY, FEBRUARY 28, 1992 1361 Starr Steinberg Taylor Thompson Timmons Tysinger White Those not voting were Senators: Albert (excused) Brown of 26th (excused) Egan Hammill (excused) Langford Moye (excused) Shumake Walker of 22nd On the motion offered by Senator Echols of the 6th, the yeas were 11, nays 37; the motion was lost, and HB 1390 was not placed on the Table. On the motion offered by Senator Dawkins of the 45th, which motion next takes prece dence, the yeas were 38, nays 2; the motion prevailed, and the previous question was ordered. 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: Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Deal Dean Edge English Foster Gillis Harris Hasty Henson Hooks Huggins Johnson Marable Newbill Perdue 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: Echols Garner Hill Kidd Perry Walker of 43rd Those not voting were Senators: Albert (excused) Brown of 26th (excused) Egan Hammill (excused) Langford Moye (excused) Shumake Walker of 22nd On the passage of the bill, the yeas were 42, nays 6. The bill, having received the requisite constitutional majority, was passed by substitute. 1362 JOURNAL OF THE SENATE SR 490. By Senators Taylor of the 12th, Deal of the 49th, Garner of the 30th and others: A resolution urging Congress to reject any legislation imposing unrealistic Corpo rate Average Fuel Energy (CAFE) standards on the automobile industry. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Broun of 46th Brown of 26th (excused) Egan Hammill (excused) Hooks Langford Moye (excused) Phillips Shumake Walker of 22nd On the adoption of the resolution, the yeas were 45, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 723. By Senator Pollard of the 24th: A bill to amend Code Section 34-9-152 of the Official Code of Georgia Annotated, relating to the application to the Commissioner of Insurance for a certificate of authority to establish a workers' compensation group self-insurance fund, so as to impose restrictions on the ability of counties and municipalities to create such funds; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster FRIDAY, FEBRUARY 28, 1992 1363 Garner Gillis Harris Hasty Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Broun of 46th Brown of 26th (excused) Egan Hammill (excused) Henson Hooks Langford Moye (excused) Shumake 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. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. SB 701. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and Phillips of the 9th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related orga nizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance is sued to certain business entities; to provide for rules and regulations. The report of the committee, which was favorable to the passage of the bill, was agreed to. 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 of 46th Burton Clay Collins Dawkins Dean Echols Edge English Foster Gillis Harris Hasty Hill Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Alien Brown of 26th (excused) 1364 JOURNAL OF THE SENATE Coleman Deal (presiding) Egan Garner Hammill (excused) Henson Hooks Langford Moye (excused) Shumake Walker of 22nd On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 475. By Senators Edge of the 28th, Garner of the 30th, Deal of the 49th and Phillips of the 9th: A RESOLUTION Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the creation of a Workers' Compensation Trust Fund for use in the payment of compensation benefits to injured workers of employers who are not selfinsured and who are not covered by a workers' compensation policy of insurance; to provide that certain provisions of the Constitution shall not be applicable to revenues raised for purposes of the fund; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section IX, Paragraph VI of the Constitution is amended by ad ding at the end thereof a new subparagraph (k) to read as follows: "(k) The General Assembly is authorized to provide by general law for the creation of a Workers' Compensation Trust Fund for use in the payment of compensation benefits to injured workers of employers who are not self-insured and who are not covered by a work ers' compensation policy of insurance. As authorized by law, revenues raised for purposes of the fund may be paid into and disbursed from the fund without being subject to the limita tions of subparagraph (a) of this Paragraph or Article III, Section IX, Paragraph IV(c) or Article VII, Section III, Paragraph II." Section 2. The above proposed amendment to be Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to authorize the General Assembly to provide by general law for the creation of a Workers' Compensation Trust Fund for use in the payment of compensation benefits to injured workers of employers who are not self-insured and who are not covered by a workers' compensation policy of insurance?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""NYeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: FRIDAY, FEBRUARY 28, 1992 1365 Those voting in the affirmative were Senators: Baldwin Bishop Bowen Broun of 46th Burton lav C?man Collms Dawkins Dean Echols Edge English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson ir-jj Kldd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg rr i Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Allen Brown of 26th (excused) Deal (presiding) Egan Hammill (excused) Henson Langford Moye (excused) Scott Shumake Tate Walker of 22nd On the adoption of the resolution, the yeas were 43, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. SB 703. By Senators Steinberg of the 42nd, Johnson of the 47th, Moye of the 34th and others: A bill to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to provide for legislative findings; to create a State Commission on Family Violence; to provide for a comprehensive state plan for ending family violence; to provide for membership of the commission; to pro vide for appointment, terms, vacancies, per diem, and expenses of the members; to provide for officers, meetings, quorum, powers, and duties of the commission. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Dawkins Dean Echols Edge English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate 1366 JOURNAL OF THE SENATE Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Alien , , Brown of 26th (excused) Collins Deal (presiding) Egan Hammill (excused) Langford Moye (excused) Perdue Robinson 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. SB 675. By Senators Johnson of the 47th and Deal of the 49th: A bill to amend Article 1 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries in general, so as to provide that judges shall have contempt powers to deal with unexcused absent jurors. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Dawkins Dean Echols Edge English Foster Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Alien Brown of 26th (excused) Collins Deal (presiding) Egan Garner Hammill (excused) Henson Langford Moye (excused) 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. FRIDAY, FEBRUARY 28, 1992 1367 SB 688. By Senators Perry of the 7th, Hammill of the 3rd and Echols of the 6th: A bill to amend Code Section 40-6-226 of the Official Code of Georgia Annotated, relating to offenses and penalties with respect to handicapped parking, so as to make it unlawful for any person other than the one to whom a handicapped parking permit or specially designated license plate for the disabled person is issued to park a vehicle in a handicapped parking place if the person for whom a handicapped parking permit or specially designated license plate for a disabled person is issued is not in the vehicle. Senator Hammill of the 3rd offered the following amendment: Amend SB 688 by striking on page 1, line 27 the period after the word "vehicle" and insert in lieu thereof: "; unless parking for the purpose of picking up or discharging the person who is impaired." On the adoption of the amendment, the yeas were 29, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins DDaewankins Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggms Johnson KMiadrdable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg T T* ayl, or Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Alien Brown of 26th (excused) Deal (presiding) English Hammill (excused) Langford Moye (excused) Ramsey Shumake Timmons Walker of 22nd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 665. By Senator Deal of the 49th: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of 1368 JOURNAL OF THE SENATE suspension of drivers' licenses; to provide for periods of suspension with respect to violating Code Section 40-6-391, relating to driving under the influence of al cohol or drugs; to change the conditions under which a plea of nolo contendere may be used by a defendant to avoid certain penalties for violating Code Section 40-6-391. The Senate Committee on Judiciary offered the following substitute to SB 665: A BILL To be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to change certain provisions relating to periods of suspension of drivers' licenses; to increase from five to ten years the period in which a sec ond conviction of an offense listed in Code Section 40-5-54 or of violating Code Section 406-391 causes suspension of a driver's license; to increase from five to ten years the period in which a third conviction of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 results in a defendant's becoming a habitual violator; to change certain provisions relating to penalties upon a conviction of violating Code Section 40-6-391; to pro vide for an additional fine in cases where a person convicted of driving under the influence of alcohol or drugs has been convicted of such an offense three or more times previously; to provide for determination of the amount of such additional fine; to provide for applicability of certain prior convictions for driving under the influence of alcohol or drugs; to change the conditions under which a driver's license shall be returned to a defendant after a plea of nolo contendere; to change certain references; to provide for related matters; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by striking in its entirety Code Section 40-5-63, relating to periods of suspension of drivers' licenses, and inserting in lieu thereof a new Code Section 40-5-63 to read as follows: "40-5-63. (a) The driver's license of any person convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391 shall by operation of law be suspended and such suspension shall be subject to the following terms and conditions: (1) Upon the first conviction of any such offense, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for 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 per son 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 such reinstatement is processed by mail. A driver's license suspended as a re sult of a conviction of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended 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 prescribed 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 ten years, as measured from the dates of previous arrests for which convictions were obtainecTbr 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 FRIDAY, FEBRUARY 28, 1992 1369 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 ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, the period of suspension shall be for three years. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement 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 ten-year period of time shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within five ten years, as measured from the dates of previous arrests for which convictions were obtainecTor pleas of nolo contendere were ac cepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions; or (3) Upon the third conviction of any such offense within five ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, such person shall be considered a habitual violator, and his license shall be revoked as provided for in paragraph (1) of subsection (a) of Code Section 40-5-62. For purposes of this paragraph, a plea of nolo contendere and all previous accepted pleas of nolo contendere to an offense listed in Code Section 40-5-54 within such fivc-ycaf ten-year period shall constitute a conviction. For the purposes of this paragraph, a plea of nolo contendere and all prior accepted pleas of nolo contendere to a charge of violating Code Section 40-6-391 within five ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions. (b) Any suspension made pursuant to Code Section 40-5-55 shall be for six months; provided, however, that the license suspension of a person who refused to submit to a test or tests provided in Code Section 40-5-55, but who within 180 days of the date of arrest enters a plea of guilty to a charge of violating Code Section 40-6-391, shall be deleted upon the acceptance of such plea and receipt by the Department of Public Safety of an authorization from the prosecutor or, where there is no prosecutor, from the judge authorizing the dele tion. If a person who has refused to submit to a test or tests provided for in Code Section 40-5-55 has been charged with homicide by a vehicle as provided in Code Section 40-6-393 or has been charged with serious injury by vehicle as provided in Code Section 40-6-394, the period of the suspension shall be for 12 months. (c) The periods of suspension provided for in this Code section shall begin on the date the person is convicted of an offense listed in Code Section 40-5-54 or of violating Code Section 40-6-391. (d) In all cases in which the department may return a license to a driver prior to the termination of the full period of suspension, the department may require such tests of driv ing skill and knowledge as it determines to be proper, and the department's discretion shall be guided by the driver's past driving record and performance, and the driver shall pay a restoration fee of $35.00 or $25.00 when such reinstatement is processed by mail. (e) Any person convicted of violating subsection (a) of Code Section 40-6-393, relating to homicide by vehicle, or Code Section 40-6-394, relating to serious injury by vehicle, shall have his license suspended for a period of three years. Such person shall not be eligible for early reinstatement of his driver's license as provided in this Code Section or in Article 4 of 1370 JOURNAL OF THE SENATE this chapter and shall not be eligible for a limited driving permit as provided in Code Sec tion 40-5-64. For purposes of this subsection, an accepted plea of nolo contendere to homi cide by vehicle in the first degree or serious injury by vehicle shall constitute a conviction." Section 2. Said title is further amended by striking in its entirety subsection (c) of Code Section 40-6-391, relating to the offense of driving under the influence of alcohol or drugs, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Every person convicted of violating this Code section shall, upon a first or second conviction thereof, be guilty of a misdemeanor and, upon a third or subsequent conviction thereof, be guilty of a high and aggravated misdemeanor and shall be punished as follows: (1) First conviction with no conviction of and no plea of nolo contendere accepted to a charge of violating this Code section within the previous five ten years, as measured from the dates of previous arrests for which convictions were obtaineoTor pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $300.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and (B) A period of imprisonment of not less than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated; (2) For the second conviction within a five year ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo con tendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $600.00 nor more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or proba tion; and (B) (i) A period of imprisonment of not less than 90 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but 48 hours of any term of imprisonment imposed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum 48 hour term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the minimum 48 hour term of imprisonment shall be that the defendant shall perform not less than 80 hours of community service; (3) For the third or subsequent conviction within a five-year ten-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted: (A) A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation; and (B) (i) A mandatory period of imprisonment of not less than 120 days nor more than 12 months. The judge, at his sole discretion and under such terms and conditions as he shall impose, may suspend, stay, or probate all but ten days of any term of imprisonment im posed under this paragraph. (ii) The judge, at his sole discretion, may suspend, stay, or probate the minimum tenday term of imprisonment not subject to suspension, stay, or probation under division (i) of this subparagraph, provided that a condition of the suspension, stay, or probation of the FRIDAY, FEBRUARY 28, 1992 1371 minimum ten-day term of imprisonment shall be that the defendant shall perform not less than 30 days of community service; (4) In addition to any fine which the defendant is required to pay pursuant to paragFaphs (1) through (3) of this subsection, a defendant who has more than three convic tions for violating this Code section shall pay an additional fine in an amount which equals the sum of $500.00 multiplied by the number of such convictions in excess of three. Convic tions occurring prior to July 1, 1992, shall be counted in determining the amount of fine under this paragraph. 44} (5) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction." Section 3. Said title is further amended by striking in its entirety Code Section 40-6391.1, relating to entry of plea of nolo contendere to a charge of violating Code Section 40-6391, and inserting in lieu thereof a new Code Section 40-6-391.1 to read as follows: "40-6-391.1. (a) The decision to accept a plea of nolo contendere to a charge of violating Code Section 40-6-391 shall be at the sole discretion of the judge but, if such plea is ac cepted, the penalties provided for in subsection (c) of Code Section 40-6-391 shall be imposed. (b) If the defendant has not been convicted of or had a plea of nolo contendere ac cepted to a charge of violating Code Section 40-6-391 within the previous five ten years and if the plea of nolo contendere shall be used as provided in paragraph (1) of subsection (a) of Code Section 40-5-63, no such plea shall be accepted unless, at a minimum, the following conditions are met: (1) The defendant has filed a verified petition with the court requesting that such plea be accepted and setting forth the facts and special circumstances necessary to enable the judge to determine that accepting such plea is in the best interest of justice; and (2) The judge has reviewed the defendant's driving records that are on file with the Department of Public Safety. (c) The judge, as part of the record of the disposition of the charge, shall set forth, under seal of the court, his reasons for accepting the plea of nolo contendere. (d) If a plea of nolo contendere is accepted as provided in subsection (b) of this Code section, the judge shall, as a part of the disposition of the case, order the defendant to attend and complete a 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. (e) The record of the disposition of the case, including the ruling required in subsection (c) of this Code section, shall be forwarded to the Department of Public Safety as required in subsection (c) of Code Section 40-5-67. (f) If a plea of nolo contendere is accepted under the conditions set forth in subsection (b) of this Code section and the defendant's driver's license has not been suspended under any other provision of this Code and if the defendant has not been convicted of or has not had a plea of nolo contendere accepted to a charge of violating Code Section 40-6-391 within 1372 JOURNAL OF THE SENATE the previous five ten years, the court shall, subject to subsection (d) of this Code section, return the driver's license to the person; otherwise, such driver's license shall be forwarded to the Department of Public Safety as provided in subsection (c) of Code Section 40-5-67." Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The 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 of 46th urton XLCoo*llyelimnsan Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill HTHToUoMksTM ^nson Kldd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott SS~,tteamr. rb, erg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert (excused) Brown of 26th (excused) Deal (presiding) Hammill (excused) Langford Moye (excused) Ramsey Shumake Timmons Walker of 22nd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 722. By Senators Taylor of the 12th, Pollard of the 24th, Hasty of the 51st and others: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to reduce the waiting period under a policy of accident and sickness insurance for benefits to be payable for a preexisting illness or condition; to provide for applicability. The Senate Committee on Insurance and Labor offered the following amendment: Amend SB 722 by adding on line 5 of page 1 after the semicolon and before the word "to" the following: "to provide an additional exception for medicare supplement insurance policies;". FRIDAY, FEBRUARY 28, 1992 1373 By striking lines 18 and 19 of page 1 and inserting in lieu thereof the following: "policies of credit accident and sickness insurance and other than policieo of qualified bocel"f. insurers --m--ed--i--ca--re----su--p--pl--em----en--t--p--ol--ic--ie--s --is--su--e--d--p--u--rs--ua--n--t--to----C--ha--p--te--r--4--3 --of--t--h--is--t--itl--e, shall 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 Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable 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: Albert (excused) Broun of 46th Brown of 26th (excused) Deal (presiding) Hammill (excused) Langford Moye (excused) Newbill Shumake 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 as amended. SR 486. By Senators Starr of the 44th and English of the 21st: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the distribution of tractors, farm equipment, heavy equipment, and parts therefor in the State of Georgia vi tally affects the general economy of the state and the public interest and public welfare; to authorize the General Assembly to regulate tractor, farm equipment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business prac tices, unfair methods of competition, impositions, and other abuses upon its citizens; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes. 1374 JOURNAL OF THE SENATE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article III, Section VI, Paragraph II of the Constitution is amended by ad ding at the end thereof a new subparagraph (c) to read as follows: "(c) The distribution of tractors, farm equipment, heavy equipment, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public inter est and public welfare. Notwithstanding the provisions of Article I, Section I, Paragraphs I, II, and III or Article III, Section VI, Paragraph V(c) of this Constitution, the General As sembly in the exercise of its police power shall be authorized to regulate tractor, farm equip ment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. Any law enacted by the General Assembly shall not impair the obligation of an existing contract but may apply with respect to the renewal of such a con tract after the effective date of such law." Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "[ ] YES [ ] NO Shall the Constitution be amended so as to authorize the General Assembly to regulate tractor, farm equipment, and heavy equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia, in cluding agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote ""YNeos."." All persons desiring to vote against ratifying the proposed amendment shall vote If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follow: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins Dean Echols Edge English Foster Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson gcott Taylor Turner Tysinger Walker of 43rd White FRIDAY, FEBRUARY 28, 1992 1375 Those not voting were Senators: Albert (excused) Brown of 26th (excused) Dawkins Deal (presiding) Egan Garner Hammill (excused) Henson Langford Moye (excused) Shumake Steinberg Thompson Timmons Walker of 22nd On the adoption of the resolution, the yeas were 41, nays 0. The resolution, having received the requisite two-thirds constitutional majority, was adopted. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 992. By Representative Murphy of the 18th: A resolution relative to adjournment. The following resolution of the House was read and put upon its adoption: HR 992, By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, February 28, 1992, and to reconvene on Monday, March 2, 1992; 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 33, nays 0. The resolution, having received the requisite constitutional majority, was adopted. 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 30334-1505 February 28, 1992 The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Sir: I am transmitting to you herewith a certified list of those persons who have registered on the Docket of Legislative Appearance for the 1992 Session of the General Assembly for 1376 JOURNAL OF THE SENATE the week ending February 28, 1992. It contains the Docket Numbers 1550 through 1569. We have voided 0 entries, leaving a total 20 registered this week. We have 1202 total registered. Most Sincerely, M Max Cleland Secretary of State. STATE OF GEORGIA Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearances as of February 28, 1992, in accordance with Georgia Law 1970, page 695; as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 28th day of February, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (SEAL) M Max Cleland Secretary of State. American Civil Liberties Union Suzannah Pogue 233 Mitchell Street, S.W. Atlanta, Georgia 30334 (404) - American Veterans of WWII, Korea & Viet nam (Amvets) Carol Burdine 2897 Royal Path Court Decatur, Georgia 30030 (404) 289-8180 Association Resources Group, Inc. Robert L. Lowe, Jr. 1134 Morningside Place, N.E. Atlanta, Georgia 30306 (404) 892-0990 Citizens Commission on Human Rights Dwight Matheny P.O. Box 1369 Roswell, Georgia 30077 (404) 518-8868 Clayton County Police Department Ronnie F. Clackum 7930 North McDonough Street Jonesboro, Georgia 30232 (404) 477-3600 Douglas Jewett 7930 North McDonough Street Jonesboro, Georgia 30236 (404) 477-3603 Confidential Bail Bonds Karen Blackmon 2705 Church Street Suite C Atlanta, Georgia 30344 (404) 768-2245 DeKalb Black Chamber of Commerce Horace White 4996 Terrace Green Trace Stone Mountain, Georgia 30088 (404) 593-4089 Deborah Williams White 4996 Terrace Green Trace Stone Mountain, Georgia 30088 (404) 523-4089 Eastman Chemical Company John C. Sorrells Eastman Chemical Company P.O. Box 511 Kingsport, Tennessee 37663 (615) 229-8111 Eastman Kodak Company John C. Sorrells Eastman Chemical Company P.O. Box 511 Kingsport, Tennessee 37663 (615) 229-8111 Fulton County Council on Aging Monna D. Robinson 326 Fraser Street, S.E. Suite 314 Atlanta, Georgia 30312 (404) 221-0048 FRIDAY, FEBRUARY 28, 1992 1377 Ga. Association of Chief of Police Robert Conley 7930 North McDonough Blvd. Jonesboro, Georgia 30236 (404) 477-3600 Ga. Association of Chiefs of Police Ronnie F. Clackum 7930 North McDonough Street Jonesboro, Georgia 30232 (404) 477-3600 Douglas Jewett 7930 North McDonough Street Jonesboro, Georgia 30236 (404) 477-3603 Ga. Association of Professional Bail Agents Catherine Davis Joyce 2705 Church Street Suite C Atlanta, Georgia 30344-3209 (404) 768-2245 Ga. Association Professional Bail Agents Karen Blackmon 2705 Church Street Suite C Atlanta, Georgia 30344 (404) 768-2245 Ga. World Congress Center Authority Dan Graveline 285 International Blvd., N.W. Atlanta, Georgia 30313 (404) 656-7600 Georgia Association of Bondsmen Robert L. Lowe, Jr. 1134 Morningside Place, N.E. Atlanta, Georgia 30306 (404) 892-0990 Professional Georgia Network Ending Sexual Assault June Brown 4717 Roswell Rd, Apt N4 Atlanta, Georgia 30342 (404) 256-1525 King & Spalding Mark D. Johnson 191 Peachtree Street Atlanta, Georgia 30303 (404) 572-3550 Many Others For Senior Citizens, Youth & School Monna D. Robinson 326 Fraser Street, S.E. Suite 314 Atlanta, Georgia 30312 (404) 221-0048 Police Department/Clayton County Robert Conley 7930 North McDonough Blvd. Jonesboro, Georgia 30236 (404) 477-3600 Private Healthcare Systems Ltd. Paul L. Hudson, Jr. 133 Carnegie Way Atlanta, Georgia 30303 (404) 523-5300 Professional Association Of National Bail Bonds Karen Blackmon 2705 Church Street Suite C Atlanta, Georgia 30344 (404) 768-2245 Professional Bail Agents Of The U.S. Catherine Davis Joyce 2705 Church Street Suite C Atlanta, Georgia 30344-3209 (404) 768-2245 Progressive Redevelopment, Inc. Kathy E. Davis 764 Grant Ter., S.E. Atlanta, Georgia 30315 (404) 622-1289 Silver-Haired Legislative Representative Monna D. Robinson 326 Fraser Street, S.E. Suite 314 Atlanta, Georgia 30312 (404) 221-0048 Southeast Peace Coalition Laura Ludwick 1041 Williams Mill Road Atlanta, Georgia 30306 (404) 222-9866 Southside Healthcare Inc. Lori Younger 2039-B Stewart Avenue Atlanta, Georgia 30315 (404) 761-4215 Summerhill Parents Action Resources Kathy E. Davis 764 Grant Ter., S.E. Atlanta, Georgia 30315 (404) 622-1289 1378 JOURNAL OF THE SENATE The following report of the Committee on Enrolling and Journals was read by the Secretary: Mr. President: The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 705. Respectfully submitted, Is/ Waymond E. Huggins, Chairman Senator, District 53 Serving as doctor of the day today was Dr. Charlesetta Shelton of Columbus, Georgia. Senator Garner of the 30th moved that the Senate, pursuant to HR 992, adopted previ ously, stand in recess until 5:00 o'clock P.M. today, and at that time stand adjourned until 10:00 o'clock A.M. on Monday, March 2, 1992; the motion prevailed. At 12:36 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was pre siding, announced the Senate adjourned until 10:00 o'clock A.M. on Monday, March 2, 1992, pursuant to a previously adopted motion. MONDAY, MARCH 2, 1992 1379 Senate Chamber, Atlanta, Georgia Monday, March 2, 1992 Twenty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 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 the proceedings of Friday, February 28, had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1320. By Representative Barnett of the 10th: A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected. HB 1720. By Representative Smith of the 156th: A bill to provide for a board of elections for Mclntosh County. HB 1903. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to provide a new charter for the City of Nelson. HB 1911. By Representative Beatty of the 12th: A bill to provide a homestead exemption from all Jackson County and Jackson County School District ad valorem taxes for $10,000.00 of the value of the home stead for certain residents of that county and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over. HB 1408. By Representative Jenkins of the 80th: A bill to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and zoning by counties and municipalities, so as to provide for planning and zoning within the areas of inac tive municipalities. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 829. By Representative Thurmond of the 67th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke County, Georgia. 1380 JOURNAL OF THE SENATE HR 939. By Representative Thurmond of the 67th: A resolution authorizing the conveyance of certain interests in state owned real property located in Clarke County, Georgia. The House has passed by the requisite constitutional majority the following bill of the House: HB 1146. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to provide for a limitation on the amount of the reimbursement deduction allowed to dealers for collecting such tax. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 778. By Senator Dawkins of the 45th: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to provide for legislative intent; to prohibit the regulation of the possession, ownership, transport, carrying, transfer, sale, purchase, licensing, or registration of firearms, ammunition, or components of firearms or ammunition by counties or municipalities. Referred to Committee on Judiciary. SB 779. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of speed detection devices, so as to repeal the requirement that the law enforcement agency must possess a license in compliance with Fed eral Communications Commission rules to use a speed detection device and that each device be certified for compliance. Referred to Committee on Judiciary. SB 780. By Senators Scott of the 36th, Foster of the 50th, Steinberg of the 42nd and others: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to provide for alternative choice demonstration schools; to provide for definitions; to pro vide for funding; to provide for requirements, conditions, and limitations; to pro vide for organization and operation of such schools; to provide for contracts; to provide for requirements for education certificates. Referred to Committee on Education. SB 781. By Senators Deal of the 49th, Johnson of the 47th and Garner of the 30th: A bill to amend Article 2 of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to campaign contributions, so as to provide for additional restrictions with respect to the creation of campaign committees and the accept ance of campaign contributions by a candidate or a campaign committee; to pro vide for additional limitations with respect to the disposition of certain contribu tions; to provide an effective date. Referred to Committee on Ethics. MONDAY, MARCH 2, 1992 1381 SB 782. By Senator Walker of the 22nd: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide a short title, to provide for legislative intent; to provide definitions; to provide for applicability; to provide for standards and requirements for premium rates charged to small employer health benefit plans; to provide for rules and regula tions to be promulgated by the Commissioner of Insurance. Referred to Committee on Insurance and Labor. SB 783. By Senator Edge of the 28th: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to failure to attach and display mobile home decal, so as to provide juris diction over those persons violating the requirements of said Code section. Referred to Committee on Finance and Public Utilities. SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and others: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enrollment by institu tion; to change the method of calculating the amount of certain funding. Referred to Committee on Education. SB 785. By Senators Thompson of the 33rd, Clay of the 37th, Newbill of the 56th and Ragan of the 32nd: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a district. Referred to Committee on Urban and County Affairs. SR 514. By Senator Dawkins of the 45th: A resolution urging the Supreme Court of Georgia to reconsider its rules gov erning admission to the practice of law. Referred to Committee on Special Judiciary. The following bills and resolutions of the House were read the first time and referred to committees: HB 1146. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Part 2 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, collection, and assessment of the state sales and use tax, so as to provide for a limitation on the amount of the reimbursement deduction allowed to dealers for collecting such tax. Referred to Committee on Finance and Public Utilities. HB 1408. By Representative Jenkins of the 80th: A bill to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and zoning by counties and municipalities, so as to provide for planning and zoning within the areas of inac tive municipalities. Referred to Committee on Urban and County Affairs (General). 1382 JOURNAL OF THE SENATE HR 829. By Representative Thurmond of the 67th: A resolution authorizing the grant of a nonexclusvie easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke County, Georgia. Referred to Committee on Finance and Public Utilities. HR 939. By Representative Thurmond of the 67th: A resolution authorizing the conveyance of certain interests in state owned real property located in Clarke County, Georgia. Referred to Committee on Finance and Public Utilities. HB 1320. By Representative Barnett of the 10th: A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected. Referred to Committee on Urban and County Affairs. HB 1720. By Representative Smith of the 156th: A bill to provide for a board of elections for Mclntosh County. Referred to Committee on Urban and County Affairs. HB 1903. By Representatives Stancil of the 8th and Pinholster of the 8th: A bill to provide a new charter for the City of Nelson. Referred to Committee on Urban and County Affairs. HB 1911. By Representative Beatty of the 12th: A bill to provide a homestead exemption from all Jackson County and Jackson County School District ad valorem taxes for $10,000.00 of the value of the home stead for certain residents of that county and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Ethics 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 521. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bill of the House and has instructed me to report the same back to the Senate with the following recommendation: MONDAY, MARCH 2, 1992 1383 HB 1401. Do pass as amended. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 751. Do pass by substitute. HB 1238. Do pass as amended. HB 1518. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 758. Do pass. HB 1231. Do pass. HB 1558. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1767. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 738. Do pass. SB 749. Do pass. SB 739. Do pass. SB 750. Do pass. SB 740. Do pass. SB 753. Do pass. SB 741. Do pass. SB 754. Do pass. SB 742. Do pass. HB 1645. Do pass. SB 743. Do pass. HB 1652. Do pass. SB 748. Do pass. HB 1818. Do pass. 1384 JOURNAL OF THE SENATE Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 762. HB 1481. HB 1719. Do pass. Do pass. Do pass. HB 1762. Do pass. HB 1849. Do pass. HB 1852. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate and House were read the second time: SB 687. By Senators Taylor of the 12th, Edge of the 28th, Walker of the 22nd and others: A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to medical attention provided under workers' com pensation, so as to revise provisions relative to the annual list of charges for med ical services published by the board; to provide for an annual list of charges for rehabilitation services. SB 744. By Senators Robinson of the 16th, Deal of the 49th and Johnson of the 47th: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activi ties before school, after school, and during vacation periods for school age chil dren; to authorize a needs assessment; to require public notice and access to board actions. HB 1198. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th and others: A bill to amend Article 2 of Chapter 9 of Title 2 of the Official Code of Georgia Annotated, relating to grain dealers, so as to provide for license fees for grain dealers' licenses. HB 1204. By Representative Birdsong of the 104th: A bill to amend Chapter 9 of Title 36 of the Official Code of Georgia Annotated, relating to county property, so as to provide that the proposed relocation of county offices located in certain county courthouses must be submitted to voters of the county for approval or rejection. HB 1225. By Representatives Reaves of the 147th, Godbee of the 110th, Branch of the 137th and others: A bill to amend Article 1 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, known as the "Georgia State Warehouse Act," so as to change the provisions relating to fees for licenses. MONDAY, MARCH 2, 1992 1385 HB 1241. By Representatives Birdsong of the 104th, Lane of the lllth, Carter of the 146th 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 generally, so as to provide for the transfer of ownership and to provide for payment for agricultural prod ucts under certain conditions. HB 1434. By Representative Dixon of the 151st: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain exceptions to the require ments for licensing hearing aid dealers and dispensers and speech-language pathologists and audiologists. HB 1718. By Representative Lane of the 27th: A bill to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require any person licensed under Title 43 to provide evidence of such licensure before any county or municipal corporation issues a business license to that person. 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 Baldwin Brown of 26th Clay Dawkins Echols ,, Ed, ge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson iKri-djdj Langford Marable Moye Newbill Perdue Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Q ., S,, cott ^Mr , Stemberg Taylor Thompson Tysinger Walker of 43rd Those not answering were Senators: Alien Bishop Bowen Broun of 46th Burton Coleman Collins Deal (presiding) Dean English Perry Phillips Shumake Tate Timmons Turner Walker of 22nd White Senator Deal of the 49th, President Pro Tempore, who was presiding, led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Hill of the 4th introduced the chaplain of the day, Dr. L. Perry McNeal, pastor of First American Baptist Church, Vidalia, Georgia, who offered scripture reading and prayer. 1386 JOURNAL OF THE SENATE The following resolutions of the Senate were read and adopted: SR 515. By Senator Broun of the 46th: A resolution commending the members of the University of Georgia Law School's Moot Court Team and their coach. SR 516. By Senators Foster of the 50th and Deal of the 49th: A resolution commending the Georgia School Boards Association. SR 518. By Senators Coleman of the 1st, Alien of the 2nd and Hammill of the 3rd: A resolution recognizing and commending Chairman Daniel T. Powers, Grand Marshal James G. "Jimmy" Burke, Jr., and other representatives of the Savan nah St. Patrick's Day Parade Committee. Senator Scott of the 36th moved that Senator Alien of the 2nd be excused from the Senate today due to illness. On the motion, the yeas were 33, nays 0; the motion prevailed, and Senator Alien of the 2nd was excused from the Senate today. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Monday, March 2, 1992 TWENTY-SIXTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 762 Phillips, 9th White, 48th GWINNETT COUNTY A bill to amend an Act relating to education districts for the election of members of the Board of Gwinnett County, so as to change the provisions relating to education districts for the board; to provide for definitions and insertions; to provide for election and terms of office of the members of such board; to provide for submission of this Act to the Unites States Attorney General. HB 1481 Broun, 46th CLARKE COUNTY A bill to provide for homestead exemptions from Clarke County ad valorem taxes for county purposes and from Clarke County School District ad valorem taxes for educational purposes for certain residents. HB 1719 White, 48th BARROW COUNTY A bill to amend an Act re-creating and establishing a Board of Commission ers of Barrow County, so as to reapportion the commissioner districts. HB 1762 Gillis, 20th CITY OF KITE A bill to provide a new charter for the City of Kite in Johnson County. MONDAY, MARCH 2, 1992 1387 HB 1849 Foster, 50th RABUN COUNTY A bill to provide a homestead exemption from all Rabun County ad valorem taxes in the amount of $12,500.00 of the assessed value of the homestead for certain residents of Rabun County who have annual income not exceeding $10,000.00 and who are 65 years of age or over. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken and the vote was as follows: Those voting in the affirmative were Senators: Albert Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge 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 Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Baldwin Deal (presiding) Egan Ramsey Shumake Timmons On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. Senator Ray of the 19th introduced the doctor of the day, Dr. Mary Jones, of Nicholls, Georgia. SENATE RULES CALENDAR Monday, March 2, 1992 TWENTY-SIXTH LEGISLATIVE DAY SB 725 Shore Assistance Act--define terms, provide area of operation (Amendment) (Nat R--3rd) SB 503 Correctional Institutions With Over 500 Inmates--full-time chaplain (Substi tute) (Corr--50th) SB 733 National Guard License Plates--spouses of members (D&VA--4th) 1388 JOURNAL OF THE SENATE SB 246 Superior Court Clerks--relating to sheriffs' exemption on recording fees (Judy--56th) SB 319 Food Caterers--revenue commissioner authorize alcoholic beverages (Substitute) (C Aff--25th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on Febru ary 28, 1992.) SR 474 Bibb County--convey state property to Macon Housing Authority (F&PU--26th) SB 615 Fair Housing--define discrimination of handicapped (Substitute) (S Judy--15th) SB 720 Municipal Gas Authority--relating to certain employees as members (F&PU--47th) SB 724 Insurance--approval of assumption reinsurance agreements (I&L--24th) SB 731 Hospital Financing Authority Act--certain definitions (H&HS--8th) SB 728 Sunday Alcoholic Beverage Sale--festivals in city where alcohol lawful (C Aff--55th) SB 554 Probate Judge Vacancy--compensation of chief clerk assuming office (Judy--31st) SB 572 Family Violence--fear inflicted in determining physical aggressor (Substitute) (Judy--54th) SB 700 Athletic Tickets--agents' service charge (S Judy--28th) SB 730 Municipal Courts--probation systems (S Judy--46th) HR 734 Jimmy Autry Correctional Institution--designate (Corr--llth) HR 647 Cobb County--conveyance of state property to Board of Regents (Substitute) (F&PU--45th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 725. By Senators Hammill of the 3rd, Echols of the 6th, Perry of the 7th and others: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to provide for authority of the Depart ment of Natural Resources; to make certain provisions relative to the member ship of the Shore Assistance Committee; to provide powers of the Shore Assis tance Committee. Senator Hammill of the 3rd offered the following amendment: Amend SB 725 by inserting on line 14 of page 3 following the word and symbol "sys tem," the following: "by allowing only activities and alterations of the ocean sand dunes and beaches which are considered to be in the best interest of the state and". By inserting on line 3 of page 10 following the word "committee" the following: ", upon application by the permittee,". By inserting on line 23 of page 10 between the word "part" and the symbol "." the following: "consistent with the purpose of this part". MONDAY, MARCH 2, 1992 1389 By inserting on line 2 of page 11 between the word "site" and the symbol "." the following: "or increase the size or scope of the project". By inserting on line 31 of page 15 between the word "parcel" and the symbol ";" the following: "and, if feasible, the area landward of the sand dunes". By striking on line 4 of page 19 the word "mechanism" and inserting in lieu thereof the following: "mechanism system". By striking on line 21 of page 20 the word "or" and inserting in lieu thereof the symbol By inserting on line 22 of page 20 following the word "lands" the following: ", or function of the sand-sharing system". By striking on line 4 of page 24 the word "structures" and inserting in lieu thereof the word "activities". On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bishop Bowen Broun of 46th Brown of 26th DLC-oaowlflm.kmisnans Dean Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins J*,,o.lhd,nd,sfon , Langford Marable Mye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Satetienbergs Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Baldwin Deal (presiding) Echols Newbill Shumake Thompson On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 1390 JOURNAL OF THE SENATE SB 503. By Senators Foster of the 50th, Kidd of the 25th, Ray of the 19th and Garner of the 30th: A bill to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions, so as to provide that any correctional institution which houses 500 or more inmates shall employ a full-time chaplain; to provide for qualifications. The Senate Committee on Corrections offered the following substitute to SB 503: A BILL To be entitled an Act to amend Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correc tional institutions, so as to provide that any correctional institution which houses 500 or more inmates shall employ a full-time chaplain; to provide for qualifications; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating to wardens, superintendents, and other personnel of correctional institutions, is amended by inserting at the end thereof the following: "42-5-41. Any state correctional institution which houses 500 or more inmates shall em ploy at least one full-time merited position entitled 'clinical chaplain.' The board shall by rule and regulation define the qualifications for the position of clinical chaplain." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Collins of the 17th offered the following amendment: Amend SB 503 as follows: On line 5, page 1, strike the word "shall" and enter the word "may"; On line 15, page 1, strike the word "shall" and enter the word "may"; and on line 15, page 1, strike the words "at least". On the adoption of the amendment, the yeas were 12, nays 25, and the amendment was lost. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill MONDAY, MARCH 2, 1992 1391 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 Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Deal (presiding) Shumake On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 733. By Senators Hill of the 4th, Perry of the 7th, White of the 48th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for issu ance of National Guard license plates to the spouses of members. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Celling Dawkins Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Ti fal\tipC Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Baldwin Deal (presiding) Foster Henson Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 1392 JOURNAL OF THE SENATE The President assumed the Chair. The following general bill of the Senate, having been read the third time on January 13, 1992, and committed to the Senate Committee on Judiciary, and favorably reported by the committee, was put upon its passage: SB 246. By Senators Newbill of the 56th, Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees of the clerks of superior courts, so as to provide that sheriffs shall be exempt from paying the clerks' recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 of 46th Brown of 26th Burton Clay Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hill Hooks Huggins Johnson Kidd Marable Moye Newbill 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: Alien (excused) Coleman Dawkins Hasty Henson Langford Perdue Scott Shumake Steinberg Timmons On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, having been read the third time and commit ted to the Senate Committee on Consumer Affairs on January 13, 1992, favorably reported by the committee, and final action suspended on February 28, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 319. By Senator Albert of the 23rd: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to provide that the state revenue commissioner may authorize the distribution or sale of distilled spirits, malt beverages, and wine by food caterers in connection with the food catering business only; to define certain MONDAY, MARCH 2, 1992 1393 terms; to provide for the issuance of alcoholic beverage licenses to food caterers who are eligible therefor. The substitute to SB 319 offered by Senator Albert of the 23rd on February 28, as it appears in the Journal of February 28, was automatically reconsidered and put upon its adoption. On the adoption of the substitute offered by Senator Albert of the 23rd, 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 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 Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Johnson Kidd Langford Moye Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Thompson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Burton Hasty Huggins Marable Those not voting were Senators: Alien (excused) Perdue Scott Shumake Steinberg Taylor Walker of 22nd On the passage of the bill, the yeas were 45, nays 4. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bills and resolution of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SR 474. By Senator Brown of the 26th: A resolution authorizing the conveyance of certain state owned real property lo cated in Bibb County, Georgia, to the Macon Housing Authority; to provide an effective date. 1394 JOURNAL OF THE SENATE The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th 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 Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Perdue Scott Shumake Steinberg On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 615. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped per sons; to change certain provisions relating to the powers and duties of the administrator. The Senate Committee on Special Judiciary offered the following substitute to SB 615: A BILL To be entitled an Act to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped persons; to provide that housing shall not fail to meet the requirements for housing for older persons by reason of persons residing in such housing as of a certain date who do not meet certain age require ments; to change certain provisions relating to the powers and duties of the administrator; to restrict the powers of the administrator in certain cases where a federal investigation or action is pending; to change the name of the Office of Fair Employment Practices; to change the provisions relating to state action for enforcement; to authorize complainants to elect MONDAY, MARCH 2, 1992 1395 certain remedies; to authorize the award of damages, costs, and attorney's fees to aggrieved parties and certain other parties; to change the provisions relating to hearings conducted by special masters; to provide for hearings to be conducted by a board of commissioners and for determinations by said board; to require the Attorney General to bring certain actions in the name of the state on behalf of an aggrieved person; to provide that parties other than the aggrieved party may initiate civil actions; to provide for additional remedies for ag grieved persons; to provide that attorney's fees may be awarded against a complainant or an aggrieved party only under certain conditions; to provide for judicial review of orders of the board of commissioners; to change additional provisions relating to penalties; to provide that punitive damages may be awarded only under certain conditions; to provide for the appointment of attorneys in certain civil actions or the waiver of certain fees and payment in cases where a person is financially unable to bear the costs of a civil action; to provide that an aggrieved party may be liable for abusive litigation under certain conditions; 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 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, is amended by striking in its entirety Code Section 8-3-200, relating to state policy, and inserting in lieu thereof a new Code Section 8-3-200 to read as follows: "8-3-200. (a) It is the policy of the State of Georgia to provide, within constitutional limitations, for fair housing throughout the state. (b) The general purposes of this article are: (1) To provide for execution in the state of policies embodied in Title VII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 19581 (2) To safeguard all individuals from discrimination in any aspect relating to the sale, rental, or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of that individual's race, color, reli gion, sex, disability or handicap, familial status, or national origin; (3) To promote the elimination of discrimination in any aspect relating to the sale, rental, or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, disability or handicap, familial status, or national origin; and (4) To promote the protection of each individual's interest in personal dignity and freedomTrom humiliation and the individual's freedom to take up residence wherever such indi vidual chooses; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within the state. (c) This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the particular provision involved." Section 2. Said article is further amended by striking in its entirety paragraph (1) of Code Section 8-3-201, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) 'Administrator' means the administrator of the Office of Fair Employment Prac tices Commission on Equal Opportunity created under Article 2 of Chapter 19 of Title 45." Section 3. Said article is further amended by adding between paragraphs (2) and (3) of Code Section 8-3-201, relating to definitions, a new paragraph (2.1) to read as follows: "(2.1) 'Board of commissioners' means the Fair Employment Practices Board Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23 or a panel of three members of said board." Section 4. Said article is further amended by adding at the end of paragraph (7) of 1396 JOURNAL OF THE SENATE subsection (a) of Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings, a new subparagraph (D) to read as follows: "(D) In regard to handicapped persons, discrimination includes, in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct dwellings in such a manner that the dwellings have at least one building entrance on an accessible route, unless it is impracticable to do so because of the terrain or unusual characteristics of the site." Section 5. Said article is further amended by striking in its entirety subparagraph (b)(3)(A) of Code Section 8-3-205, relating to permissible limitations in sale, rental, or occu pancy of dwellings by religious organizations or private clubs, and inserting in lieu thereof a new subparagraph (A) to read as follows: "(A) Persons residing in such housing as of July 1, 1000 March 12, 1989, who do not meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; provided, however, that new occupants of such housing meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; or". Section 6. Said article is further amended by striking in its entirety Code Section 8-3206, relating to the powers and duties of the administrator, and inserting in lieu thereof a new Code Section 8-3-206 to read as follows: "8-3-206. (a) The authority and responsibility for administering this article shall be vested in the administrator of the Office of Fair Employment Practices Commission on Equal Opportunity. (b) The administrator may delegate any of the administrator's functions, duties, and powers to employees of the Office of Fair Employment Practices Commission on Equal Opportunity or to boards of such employees, including functions, duties, and powers with re spect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this article. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. (c) All departments and agencies of state government shall administer their programs and activities relating to housing and urban development in a manner affirmatively to fur ther the purposes of this article and shall cooperate with the administrator to further such purposes. (d) The administrator shall: (1) Make studies with respect to the nature and extent of discriminatory housing prac tices in representative communities, urban, suburban, and rural, throughout the state; (2) Publish and disseminate reports, recommendations, and information derived from such studies; (3) Cooperate with and render technical assistance to local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; (4) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this article; (5) Adopt, promulgate, amend, and rescind, subject to the approval of the Governor after giving proper notice and hearing to all interested parties pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as may be necessary to carry out the provisions of this article; and (6) Certify to the Governor a list of qualified attorneys who have experience in housing, civil rights, or administrative law from which the Governor may select special masters as provided for in Code Section 8-3-213 Cooperate with the United States Department of Housing and Urban Development created" by Section 10(b) of the Department of Housing MONDAY, MARCH 2, 1992 1397 and Urban Development Act of 1965 (79 Stat. 667) and with other federal and local agencies in order to achieve the purposes of Title VII of the Civil Rights Act of 1968 (82 Stat. 81), as amended by the Fair Housing Amendments Act of 1988 (102 Stat. 1619), and to cooperate with other federal and local agencies in order to achieve the purposes of this article; (7) Accept gifts, bequests, grants, or other public or private payments on behalf of the state and pay such moneys into the state treasury; (8) Accept on behalf of the state reimbursement pursuant to Section 810 of the Civil RightTAct of 1968 (82 Stat. 85), as amended by the Fair Housing Amendments Act of 1988 (102 Stat. 1625), for services rendered to assist the United States Department of Housing and Urban Development; and (9) Maintain with the United States Department of Housing and Urban Development statuTas a 'certified agency' under Section 810 of the Civil Rights Act of 1968 (82 Stat. 85), as amended by the Fair Housing Act of 1988 (102 Stat. 1625), and as provided by the rules and regulations of said department. (e) In any case where the federal Department of Housing and Urban Development has initiated an investigation or any action or proceedings against any person relative to any acts or omissions by such person which may be in violation of this article, the administrator shall have no authority to initiate or pursue against such person any investigation, civil action, or administrative enforcement covered by the provisions of this article with regard to the same acts or omissions or facts or circumstances to which the federal investigation or proceedings are applicable." Section 7. Said article is further amended by striking in its entirety Code Section 8-3213, relating to state action for enforcement, and inserting in lieu thereof a new Code Sec tion 8-3-213 to read as follows: "8-3-213. (a) (1) When a charge is filed to initiate an administrative complaint under Code Section 8-3-208, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action brought by the Attorney General on behalf of the aggrieved person as provided under paragraph (2) of this subsection in lieu of a hearing under subparagraph (e)(l)(A) or (e)(l)(B) of this Code section. The election must be made not later than 20 days after the receipt by the electing person of service under Code Section 8-3-211 or, in the case of the administrator, not later than 20 days after such service. The person making such election shall give notice of doing so to the administrator and to all other complainants and respon dents to whom the charge relatesT (2) If the administrator has been unable to obtain voluntary compliance or as a result of an investigation under Code Section 8-3-209 finds that there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request recommendation of the person aggrieved administrator, the Attorney General, after reviewing the administrator's findings and determining that such findings are well grounded in fact and warranted by law, shall may bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of this article. (3) If an election is made under paragraph (1) or (2) of this subsection, the administra tor sEall authorize and, not later than 30 days after the election is made, the Attorney Cieneral, after reviewing the administrator's charge and determining that such charge is well grounded in fact and warranted by law, shall commence a civil action on behalf of the ag grieved person seeking relief under this Code section in a superior court. (b) Whenever an action filed in court pursuant to paragraph (2) of subsection (a) of this Code section or Code Section 8-3-217 or 8-3-218 comes to trial, the administrator shall im mediately terminate all efforts to obtain voluntary compliance. 1398 JOURNAL OF THE SENATE (c) (1) The court may impose the following fines if the respondent has been adjudged to have committed a discriminatory housing practice: (A) Up to $10,000.00, if the respondent has not previously been found guilty of commit ting a discriminatory housing practice; (B) Up to $25,000.00, if the respondent has been found guilty of committing one prior discriminatory housing practice within the preceding five years; or (C) Up to $50,000.00, if the respondent has been found guilty of committing two or more discriminatory housing practices within the preceding seven years. (2) The court may award reasonable attorney's fees and costs to the administrator or aggrieved person in any action in which the administrator or aggrieved person prevails or to the respondent in any action in which the respondent prevails only upon a showing that the action is frivolous, unreasonable, or without foundation. (3) In addition to the remedies set forth in paragraphs (1) and (2) of this subsection, the court may award actual damages and punitive damages to the aggrieved person. Puni tive damages awarded under this subsection may be awarded only when the evidence shows that the respondent's actions showed willful misconduct, malice, fraud, wantonness, oppres sion, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved partyT (d) Any local agency certified as substantially equivalent by the Secretary of Housing and Urban Development pursuant to Section 810 of the federal Fair Housing Amendments Act of 1988 may institute a civil action in any appropriate court, including superior court, if it is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. The court may impose fines as provided in the local fair housing law. (e) (1) If the administrator is unable to obtain voluntary compliance with this article and has reasonable cause to believe that a discriminatory housing practice has occurred: (A) The administrator may institute an administrative proceeding under Chapter 13 of Title 50; or (B) The person aggrieved may request administrative relief under Chapter 13 of Title 50 within 20 days after receipt of service of a charge filed under Code Section 8-3-211. When an administrative hearing is to be instituted under subparagraph (A) or (B) of this paragraph, the administrator shall fcqucat that the Governor appoint, from the list provided for by paragraph (6) of Code Section 8'8-206, a special master refer the case to the board of commissioners to conduct a hearing in accordance with this article. Not more thda 16 working daya after "aueh requcat, the Governor shall aclcct and appoint a special master who muat be an attorney licensed to practice law in thia atatc. The special master The board of commissioners shall designate a panel of three of its members, one of which must be an attorney licensed to practice law in the state, and that tribunal shall have all the power and authority granted to agencies in conducting hearings and rendering final orders under Chap ter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including, but not limited to, subpoena power. (2) Not more than seven working days after the appointment of the special master case has been referred to the board of commissioners, the administrator shall serve on the respondent and the person aggrieved or the aggrieved person's attorney by registered or certi fied mail a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the apccial master board of com missioners at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (3) The respondent shall serve an answer with the special master board of commissioners by registered or certified mail not more than 20 working days after receipt of the notice MONDAY, MARCH 2, 1992 1399 of hearing, which 20 working days may be extended by the apecial master board of commis sioners in the special master's board of commissioner's discretion for an additional time not to exceed ten working days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the complainant or the complain ant's attorney at the last known address of the complainant or the complainant's attorney where the complainant is represented by an attorney. Upon leave of the apccial master board of commissioners, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the apccial master board of commissioners, may amend thereafter. No final order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the apccial master board of commissioners may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed under the available evidence. (4) At any time after a notice of hearing is served upon a respondent, discovery shall be authorized in the same manner and fashion as discovery is permitted under Code Sections 9-11-26 through 9-11-37. Any order contemplated in Code Sections 9-11-26 through 9-11-37 may be issued by the special master board of commissioners. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Code Section 45-19-40. (5) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discre tion of the apccial master board of commissioners, any other person may intervene, examine and cross-examine witnesses, and present evidence. (6) Efforts at conference, conciliation, and persuasion shall not be received in evidence. (7) Testimony taken at the hearing shall be under oath and shall be stenographically or otherwise recorded by a certified court reporter. After the hearing, the special master board of commissioners at the special master's board of commissioner's discretion may take fur ther evidence or hear arguments upon notice to all parties with an opportunity to be present. (8) Except as otherwise specifically provided for in this article, all proceedings of the special master board of commissioners shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50." Section 8. Said article is further amended by striking in its entirety Code Section 8-3214, relating to orders of special master, and inserting in lieu thereof a new Code Section 83-214 to read as follows: "8-3-214. (a) If the special master board of commissioners determines that the respon dent has not engaged in a discriminatory housing practice, the special master board of com missioners shall state the apccial master's board of commissioner's findings of fact and con clusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor board of commissioners, dismissing the complaint. (b) If the apccial master board of commissioners determines that the respondent has engaged in a discriminatory housing practice, the special master board of commissioners shall state the apccial master's board of commissioner's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor board of commissioners, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief and reasonable attorney's fees and costs. A prevailing respondent may be awarded reasonable attorney's fees and costs only 1400 JOURNAL OF THE SENATE upon a showing that the proceeding is frivolous, unreasonable, or without foundation. Attor ney's fees may be awarded against a complainant or an aggrieved party if such party joined in the proceeding on its own as an intervening party. (c) No order of the special master board of commissioners shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that oc curred in the course of a business subject to a licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date of the issuance of such order, or, if such order is judicially reviewed, 30 days after such order is in substance af firmed upon review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disci plinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General. (d) If the special master board of commissioners finds that the respondent has not en gaged or is not about to engage in a discriminatory housing practice, as the case may be, such special master board of commissioners shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal." Section 9. Said article is further amended by striking in its entirety Code Section 8-3215, relating to appeal from order of special master, and inserting in lieu thereof a new Code Section 8-3-215 to read as follows: "8-3-215. (a) Any party to a hearing before a special master the board of commissioners may appeal any adverse final order of a special master the board of commissioners by filing a petition for review in the superior court in the county in which the alleged unlawful prac tice occurred or in the superior court of the residence of the respondent within 30 days of the issuance of the final order. The special master board of commissioners shall not be a named party. The administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the administrator shall forward to the court a certified copy of the record of the hearing before the special master board of commissioners, including the transcript of the hearing before the special-master board of commissioners and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; pro vided, however, that if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls. (b) The court shall not substitute its judgment for that of the special master board of commissioners as to the weight of the evidence on questions of fact. The court may affirm a final order of the special master board of commissioners or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions, or decisions; or (6) Arbitrary, capricous, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. MONDAY, MARCH 2, 1992 1401 (c) If, upon judicial review of any order of a special master the board of commissioners or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney's fees and costs of litigation in the superior court to the com plainant. A prevailing respondent may be awarded court costs and reasonable attorney's fees only upon a showing that the action is frivolous, unreasonable, or without foundation." Section 10. Said article is further amended by striking in its entirety Code Section 8-3216. relating to the filing of the order of the administrator or special master in the superior court and judgment thereon, and inserting in lieu thereof a new Code Section 8-3-216 to read as follows: "8-3-216. Any person affected by a final order of the administrator or a special master the board of commissioners may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator or of a special master the board of commissioners unappealed from or of a final order of a special master the board of commissioners affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court." Section 11. Said article is further amended by striking in its entirety Code Section 8-3217. relating to civil actions by aggrieved persons, and inserting in lieu thereof a new Code Section 8-3-217 to read as follows: "8-3-217. (a) (1) An aggrieved person may commence a civil action in an appropriate superior court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discrimi natory housing practice or breach of a conciliation agreement. (2) The computation of such two-year period shall not include any time during which an administrative proceeding under this article was pending with respect to a complaint or charge under this article based upon such discriminatory housing practice. This paragraph does not apply to actions arising from a breach of a conciliation agreement. (3) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under Code Section 8-3-208 and without regard to the status of any such complaint, but if the administrator has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such concilia tion agreement. (4) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge is sued by the administrator if a special master the board of commissioners has commenced a hearing on the record under this article with respect to such charge. (b) (1) The court may grant as relief, as it deems appropriate, any permanent or tempo rary injunction, temporary restraining order, or other order; and may award to the plaintiff actual damages and punitive damages; not to exceed the amount of $6,000.00, together with court coats and reasonable attorney's fcca in the caac of a prevailing plaintiff. A prevailing respondent may be awarded court eoata and reasonable attorney's fcca only upon a showing that a caac ia frivoloua, unreasonable, or without foundation penalties permitted by the fed eral Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601, et seq., as amended. Punitive damages may be awarded under this article only when the evidence shows that the respondent's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party. (2) Where it is proved that the aggrieved party took an active part in the initiation, 1402 JOURNAL OF THE SENATE continuation, or procurement of civil proceedings against a respondent, the aggrieved party may be liable for abusive litigation if he acted with malice or without substantial justifica tion. Where the court determines that the aggrieved party is guilty of participating in abu sive litigation, the respondent may recover actual damages, punitive damages, attorney's fees, and expenses of litigation from the aggrieved party! (c) Relief granted under this Code section shall not affect any contract, sale, encum brance, or lease consummated before the granting of such relief and involving a bona fide purchaser, lessee, or tenant without actual notice of a complaint filed with the administrator or civil action under this Code section. (d) Upon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon such in tervention, the Attorney General may obtain such relief as would be available to the Attor ney General under Code Section 8-3-218 in a civil action to which such Code section applies." Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13. All laws and parts of laws in conflict with this Act are repealed. Senators Bishop of the 15th and Edge of the 28th offered the following substitute to SB 615: A BILL To be entitled an Act to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped persons; to provide that housing shall not fail to meet the requirements for housing for older persons by reason of persons residing in such housing as of a certain date who do not meet certain age require ments; to change certain provisions relating to the powers and duties of the administrator; to restrict the powers of the administrator in certain cases where a federal investigation or action is pending; to change the name of the Office of Fair Employment Practices; to change the provisions relating to state action for enforcement; to authorize complainants to elect certain remedies; to authorize the award of damages, costs, and attorney's fees to aggrieved parties and certain other parties; to change the provisions relating to hearings conducted by special masters; to provide for hearings to be conducted by a board of commissioners and for determinations by said board; to require the Attorney General to bring certain actions in the name of the state on behalf of an aggrieved person; to provide that parties other than the aggrieved party may initiate civil actions; to provide for additional remedies for ag grieved persons; to provide that attorney's fees may be awarded against a complainant or an aggrieved party only under certain conditions; to provide for judicial review of orders of the board of commissioners; to change additional provisions relating to penalties; to provide that punitive damages may be awarded only under certain conditions; to provide for the appointment of attorneys in certain civil actions or the waiver of certain fees and payment in cases where a person is financially unable to bear the costs of a civil action; to provide that an aggrieved party may be liable for abusive litigation under certain conditions; 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 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, is amended by striking in its entirety Code Section 8-3-200, relating to state policy, and inserting in lieu thereof a new Code Section 8-3-200 to read as follows: "8-3-200. (a) It is the policy of the State of Georgia to provide, within constitutional limitations, foFlair housing throughout the state. MONDAY, MARCH 2, 1992 1403 (b) The general purposes of this article are: (1) To provide for execution in the state of policies embodied in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988; (2) To safeguard all individuals from discrimination in any aspect relating to the sale, rental^ or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of that individual's race, color, reli gion, sex, disability or handicap, familial status, or national origin; (3) To promote the elimination of discrimination in any aspect relating to the sale, rental^ or financing of dwellings or in the provision of brokerage services or facilities in connection with the sale or rental of a dwelling because of a person's race, color, religion, sex, disability or handicap, familial status, or national origin; and (4) To promote the protection of each individual's interest in personal dignity and free dom from humiliation and the individual's freedom to take up residence wherever such indi vidual chooses; to secure the state against domestic strife and unrest which would menace its democratic institutions; to preserve the public safety, health, and general welfare; and to further the interests, rights, and privileges of individuals within the state. (c) This article shall be broadly construed to further the general purposes stated in this Code section and the special purposes of the particular provision involved." Section 2. Said article is further amended by striking in its entirety paragraph (1) of Code Section 8-3-201, relating to definitions, and inserting in lieu thereof a new paragraph (1) to read as follows: "(1) 'Administrator' means the administrator of the Office of Fair Employment Prac ticea Commission on Equal Opportunity created under Article 2 of Chapter 19 of Title 45." Section 3. Said article is further amended by adding between paragraphs (2) and (3) of Code Section 8-3-201, relating to definitions, a new paragraph (2.1) to read as follows: "(2.1) 'Board of commissioners' means the Fair Employment Practicca Board Board of Commissioners of the Commission on Equal Opportunity created by Code Section 45-19-23 or a panel of three members of said board." Section 4. Said article is further amended by adding at the end of paragraph (7) of subsection (a) of Code Section 8-3-202, relating to unlawful practices in selling or renting dwellings, a new subparagraph (D) to read as follows: "(D) In regard to handicapped persons, discrimination includes, in connection with the design and construction of covered multifamily dwellings for first occupancy after March 13, 1991, a failure to design and construct dwellings in such a manner that the dwellings have at least one building entrance on an accessible route, unless it is impracticable to do so because of the terrain or unusual characteristics of the site." Section 5. Said article is further amended by striking in its entirety subparagraph (b)(3)(A) of Code Section 8-3-205, relating to permissible limitations in sale, rental, or occu pancy of dwellings by religious organizations or private clubs, and inserting in lieu thereof a new subparagraph (A) to read as follows: "(A) Persons residing in such housing as of July 1, 1000 March 12, 1989, who do not meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; provided, however, that new occupants of such housing meet the age requirements of subparagraph (B) or (C) of paragraph (1) of this subsection; or". Section 6. Said article is further amended by striking in its entirety Code Section 8-3206, relating to the powers and duties of the administrator, and inserting in lieu thereof a new Code Section 8-3-206 to read as follows: "8-3-206. (a) The authority and responsibility for administering this article shall be vested in the administrator of the Office of Fair Employment Practices Commission on Equal Opportunity. 1404 JOURNAL OF THE SENATE (b) The administrator may delegate any of the administrator's functions, duties, and powers to employees of the Office of Fair Employment Practicca Commission on Equal Op portunity or to boards of such employees, including functions, duties, and powers with re spect to investigating, conciliating, hearing, determining, ordering, certifying, reporting, or otherwise acting as to any work, business, or matter under this article. Insofar as possible, conciliation meetings shall be held in the cities or other localities where the discriminatory housing practices allegedly occurred. (c) All departments and agencies of state government shall administer their programs and activities relating to housing and urban development in a manner affirmatively to fur ther the purposes of this article and shall cooperate with the administrator to further such purposes. (d) The administrator shall: (1) Make studies with respect to the nature and extent of discriminatory housing prac tices in representative communities, urban, suburban, and rural, throughout the state; (2) Publish and disseminate reports, recommendations, and information derived from such studies; (3) Cooperate with and render technical assistance to local and other public or private agencies, organizations, and institutions which are formulating or carrying on programs to prevent or eliminate discriminatory housing practices; (4) Administer the programs and activities relating to housing in a manner affirmatively to further the policies of this article; (5) Adopt, promulgate, amend, and rescind, subject to the approval of the Governor after giving proper notice and hearing to all interested parties pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such rules and regulations as may be necessary to carry out the provisions of this article; tat4 (6) Certify to the Governor a list of qualified attorneys who have experience in housing, civil rights, or administrative law from which the Governor may select special masters as provided for in Code Section 8 8 218 Cooperate with the United States Department of Housing and Urban Development created by Section 10(b) of the Department of Housing and Urban Development Act of 1965 (79 Stat. 667) and with other federal and local agencies in order to achieve the purposes of Title VIII of the Civil Rights Act of 1968 (82 Stat. 81), as amended by the Fair Housing Amendments Act of 1988 (102 Stat. 1619), and to cooperate with other federal and local agencies in order to achieve the purposes of this article; (7) Accept gifts, bequests, grants, or other public or private payments on behalf of the state and pay such moneys into the state treasury; (8) Accept on behalf of the state reimbursement pursuant to Section 810 of the Civil Rights Act of 1968 (82 Stat. 85), as amended by the Fair Housing Amendments Act of 1988 (102 Stat. 1625), for services rendered to assist the United States Department of Housing and Urban Development; and (9) Maintain with the United States Department of Housing and Urban Development status~as a 'certified agency' under Section 810 of the Civil Rights Act of 1968 (82 Stat. 85), as amended by the Fair Housing Act of 1988 (102 Stat. 1625), and as provided by the rules and regulations of said department. (e) In any case where the federal Department of Housing and Urban Development has initiated an investigation or any action or proceedings against any person relative to any acts or omissions by such person which may be in violation of this article, the administrator shall have no authority to initiate or pursue against such person any investigation, civil action, or administrative enforcement covered by the provisions of this article with regard to the same acts or omissions or facts or circumstances to which the federal investigation or proceedings are applicable." Section 7. Said article is further amended by striking in its entirety Code Section 8-3- MONDAY, MARCH 2, 1992 1405 213, relating to state action for enforcement, and inserting in lieu thereof a new Code Sec tion 8-3-213 to read as follows: "8-3-213. (a) (1) When a charge is filed to initiate an administrative complaint under Code Section 8-3-208, a complainant, a respondent, or an aggrieved person on whose behalf the complaint was filed may elect to have the claims asserted in that charge decided in a civil action brought by the Attorney General on behalf of the aggrieved person as provided under paragraph (2) of this subsection in lieu of a hearing under subparagraph (e)(l)(A) or (e)(l)(B) of this Code section. The election must be made not later than 20 days after the receipt by the electing person of service under Code Section 8-3-211 or, in the case of the administrator, not later than 20 days after such service. The person making such election shall give notice of doing so to the administrator and to all other complainants and respon dents to whom the charge relafesT (2) If the administrator has been unable to obtain voluntary compliance or as a result of an investigation under Code Section 8-3-209 finds that there is reasonable cause to believe that a discriminatory housing practice has occurred, at the request recommendation of the person aggrieved administrator, the Attorney General, after reviewing the administrator's findings and determining that"such findings are well grounded in fact and warranted by law, shall Mty bring an action in the name of the state on behalf of the aggrieved person to enforce the provisions of this article. (3) If an election is made under paragraph (1) or (2) of this subsection, the administra tor sh~all authorize and, not later than 30 days after the election is made, the Attorney Gen eral, after reviewing the administrator's charge and determining that such charge is well grounded in fact and warranted by law, shall commence a civil action on behalf of the ag grieved person seeking relief under this Code section in a superior court. (b) Whenever an action filed in court pursuant to paragraph (2) of subsection (a) of this Code section or Code Section 8-3-217 or 8-3-218 comes to trial, the administrator shall im mediately terminate all efforts to obtain voluntary compliance. (c) (1) The court may impose the following fines if the respondent has been adjudged to have committed a discriminatory housing practice: (A) Up to $10,000.00, if the respondent has not previously been found guilty of commit ting a discriminatory housing practice; (B) Up to $25,000.00, if the respondent has been found guilty of committing one prior discriminatory housing practice within the preceding five years; or (C) Up to $50,000.00, if the respondent has been found guilty of committing two or more discriminatory housing practices within the preceding seven years. (2) The court may award reasonable attorney's fees and costs to the administrator or aggrieved person in any action in which the administrator or aggrieved person prevails or to the respondent in any action in which the respondent prevails only upon a showing that the action is frivolous, unreasonable, or without foundation. (3) In addition to the remedies set forth in paragraphs (1) and (2) of this subsection, the court may award actual damages and punitive damages to the aggrieved person. Puni tive damages awarded under this subsection may be awarded only when the evidence shows that the respondent's actions showed willful misconduct, malice, fraud, wantonness, oppres sion, or that entire want of care which would raise the presumption of conscious indifference to consequences or to the rights of the aggrieved party. (d) Any local agency certified as substantially equivalent by the Secretary of Housing and Urban Development pursuant to Section 810 of the federal Fair Housing Amendments Act of 1988 may institute a civil action in any appropriate court, including superior court, if it is unable to obtain voluntary compliance with the local fair housing law. The agency need not have petitioned for an administrative hearing or exhausted its administrative remedies prior to bringing a civil action. The court may impose fines as provided in the local fair housing law. 1406 JOURNAL OF THE SENATE (e) (1) If the administrator is unable to obtain voluntary compliance with this article and has reasonable cause to believe that a discriminatory housing practice has occurred: (A) The administrator may institute an administrative proceeding under Chapter 13 of Title 50; or (B) The person aggrieved may request administrative relief under Chapter 13 of Title 50 within 20 days after receipt of service of a charge filed under Code Section 8-3-211. When an administrative hearing is to be instituted under subparagraph (A) or (B) of this paragraph, the administrator shall request that the Governor appoint, from the list provided for by paragraph (6) of Code Section 8-3-206, a special maatcr refer the case to the board of commissioners to conduct a hearing in accordance with this article. Not more-thaa 16 working daya aftcr~auch request, the Governor ahull select and appoint a special master who must be an attorney licensed to practice law in this state. The special master The board of commissioners shall designate a panel of three of its members, one of which must be an attorney licensed to practice law in the state, and that tribunal shall have all the power and authority granted to agencies in conducting hearings and rendering final orders under Chap ter 13 of Title 50, the 'Georgia Administrative Procedure Act,' including, but not limited to, subpoena power. (2) Not more than seven working days after the appointment of the special master case has been referred to the board of commissioners, the administrator shall serve on the re spondent and the person aggrieved or the aggrieved person's attorney by registered or certi fied mail a written notice together with a copy of the complaint requiring the respondent to answer the charges contained therein at a hearing before the special maatcr board of com missioners at a time and place specified in the notice. Such notice must contain all general and specific charges against the respondent. (3) The respondent shall serve an answer with the special maatcr board of commissioners by registered or certified mail not more than 20 working days after receipt of the notice oFhearing, which 20 working days may be extended by the special master board of commis sioners in the special master's board of commissioner's discretion for an additional time not to exceed ten working days. The respondent's answer must show by a certificate of service that the respondent has served a copy of the answer on the complainant or the complain ant's attorney at the last known address of the complainant or the complainant's attorney where the complainant is represented by an attorney. Upon leave of the special maatcr board of commissioners, the complainant may amend the charges contained in the notice of hearing. The respondent may amend an answer at any time prior to the hearing or, upon leave of the special maatcr board of commissioners, may amend thereafter. No final order shall be issued unless the respondent has had the opportunity of a hearing on the charges contained in the notice of hearing or amendment on which the final order is based. If the respondent fails to answer the complaint, the special master board of commissioners may enter the respondent's default. Unless the default is set aside for good cause shown, the hearing may proceed under the available evidence. (4) At any time after a notice of hearing is served upon a respondent, discovery shall be authorized in the same manner and fashion as discovery is permitted under Code Sections 9-11-26 through 9-11-37. Any order contemplated in Code Sections 9-11-26 through 9-11-37 may be issued by the special master board of commissioners. Judicial enforcement of any such order may be obtained by the complainant or respondent in the same manner as is provided for the enforcement of final orders in Code Section 45-19-40. (5) A respondent who has filed an answer or whose default in answering has been set aside for good cause shown may appear at the hearing, may examine and cross-examine witnesses and the complainant, and may offer evidence. The complainant and, at the discre tion of the apccial master board of commissioners, any other person may intervene, examine and cross-examine witnesses, and present evidence. (6) Efforts at conference, conciliation, and persuasion shall not be received in evidence. (7) Testimony taken at the hearing shall be under oath and shall be stenographically or MONDAY, MARCH 2, 1992 1407 otherwise recorded by a certified court reporter. After the hearing, the special master board of commissioners at the special master's board of commissioner's discretion may take fur ther evidence or hear arguments upon notice to all parties with an opportunity to be present. (8) Except as otherwise specifically provided for in this article, all proceedings of the apodal master board of commissioners shall be conducted as provided for with respect to contested cases in Chapter 13 of Title 50." Section 8. Said article is further amended by striking in its entirety Code Section 8-3214, relating to orders of special master, and inserting in lieu thereof a new Code Section 83-214 to read as follows: "8-3-214. (a) If the apccial master board of commissioners determines that the respon dent has not engaged in a discriminatory housing practice, the apccial master board of com missioners shall state the apccial maotcr'a board of commissioner's findings of fact and con clusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor board of commissioners, dismissing the complaint. (b) If the special master board of commissioners determines that the respondent has engaged in a discriminatory housing practice, the special master board of commissioners shall state the special master's board of commissioner's findings of fact and conclusions of law and shall issue a final order, within 30 days after the hearing unless, for good cause shown, such time is extended by the Governor board of commissioners, granting such relief as may be appropriate, which may include actual compensatory damages suffered by the aggrieved person and injunctive or other equitable relief and reasonable attorney's fees and costs. A prevailing respondent may be awarded reasonable attorney's fees and costs only upon a showing that the proceeding is frivolous, unreasonable, or without foundation. Attor ney's fees may be awarded against a complainant or an aggrieved party if such party joined in the proceeding on its own as an intervening party. (c) No order of the special master board of commissioners shall affect any contract, sale, encumbrance, or lease consummated before the issuance of such order and involving a bona fide purchaser, encumbrancer, or tenant without actual notice of the charge filed under this article. In the case of an order with respect to a discriminatory housing practice that oc curred in the course of a business subject to a licensing or regulation by a governmental agency, the administrator shall, not later than 30 days after the date of the issuance of such order, or, if such order is judicially reviewed, 30 days after such order is in substance af firmed upon review, send copies of the findings of fact, conclusions of law, and the order to that governmental agency and recommend to that governmental agency appropriate disci plinary action. In the case of an order against a respondent against whom another order was issued within the preceding five years under this Code section, the administrator shall send a copy of each such order to the Attorney General. (d) If the apccial master board of commissioners finds that the respondent has not en gaged or is not about to engage in a discriminatory housing practice, as the case may be, such apccial master board of commissioners shall enter an order dismissing the charge. The administrator shall make public disclosure of each such dismissal." Section 9. Said article is further amended by striking in its entirety Code Section 8-3215, relating to appeal from order of special master, and inserting in lieu thereof a new Code Section 8-3-215 to read as follows: "8-3-215. (a) Any party to a hearing before a special master the board of commissioners may appeal any adverse final order of a special master the board of commissioners by filing a petition for review in the superior court in the county in which the alleged unlawful prac tice occurred or in the superior court of the residence of the respondent within 30 days of the issuance of the final order. The special maotcr board of commissioners shall not be a named party. The administrator must be served with a copy of the petition for review. Within 30 days after the petition is served on the administrator, the administrator shall 1408 JOURNAL OF THE SENATE forward to the court a certified copy of the record of the hearing before the special master board of commissioners, including the transcript of the hearing before the special master board of commissioners" and all evidence, administrative pleadings, and orders, or the entire record if no hearing has been held. For good cause shown, the court may require or permit subsequent corrections or additions to the record. All appeals for judicial review shall be in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; pro vided, however, that if any provisions of Chapter 13 of Title 50 conflict with any provision of this article, this article controls. (b) The court shall not substitute its judgment for that of the special master board of commissioners as to the weight of the evidence on questions of fact. The court may affirm a final order of the special master board of commissioners or remand the case for further proceedings. The court may reverse or modify the final order if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the agency; (3) Made upon unlawful procedures; (4) Affected by other error of law; (5) Not supported by substantial evidence, which shall mean that the record does not contain such relevant evidence as a reasonable mind might accept as adequate to support said findings, inferences, conclusions, or decisions; or (6) Arbitrary, capricious, or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (c) If, upon judicial review of any order of a special master the board of commissioners or in a proceeding in which a complainant seeks enforcement of a conciliation agreement, the court rules in favor of the complainant, then the court may in its discretion render an award of reasonable attorney's fees and costs of litigation in the superior court to the com plainant. A prevailing respondent may be awarded court costs and reasonable attorney's fees only upon a showing that the action is frivolous, unreasonable, or without foundation." Section 10. Said article is further amended by striking in its entirety Code Section 8-3216. relating to the filing of the order of the administrator or special master in the superior court and judgment thereon, and inserting in lieu thereof a new Code Section 8-3-216 to read as follows: "8-3-216. Any person affected by a final order of the administrator or a special master the board of commissioners may file in the superior court of the county of the residence of the respondent a certified copy of a final order of the administrator or of a special master the board of commissioners unappealed from or of a final order of a special master the board of commissioners affirmed upon appeal, whereupon said court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect and all proceedings in relation thereto shall thereafter be the same as though the judgment had been rendered in an action duly heard and determined by the court." Section 11. Said article is further amended by striking in its entirety Code Section 8-3217. relating to civil actions by aggrieved persons, and inserting in lieu thereof a new Code Section 8-3-217 to read as follows: "8-3-217. (a) (1) An aggrieved person may commence a civil action in an appropriate superior court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discrimi natory housing practice or breach of a conciliation agreement. (2) The computation of such two-year period shall not include any time during which an administrative proceeding under this article was pending with respect to a complaint or MONDAY, MARCH 2, 1992 1409 charge under this article based upon such discriminatory housing practice. This paragraph does not apply to actions arising from a breach of a conciliation agreement. (3) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed under Code Section 8-3-208 and without regard to the status of any such complaint, but if the administrator has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such concilia tion agreement. (4) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice which forms the basis of a charge is sued by the administrator if a special master the board of commissioners has commenced a hearing on the record under this article with respect to such charge. (b) (1) The court may grant as relief, as it deems appropriate, any permanent or tempo rary injunction, temporary restraining order, or other order; and may award to the plaintiff reasonable attorney's fees, court costs actual damages; and punitive damages not to exceed the amount of $6,000.00, together with court costs and reasonable attorney's fees in the case of a prevailing plaintiff. A prevailing respondent may be awarded court costs and reasonable attorney's fees only upon a showing that a case is frivolous, unreasonable, or without foun dation penalties permitted by the federal Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601, et seq., as amended. Punitive damages may be awarded under this article only when the evidence shows that the respondent's actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presump tion of conscious indifference to consequences or to the rights of the aggrieved partyT (2) Where it is proved that the aggrieved party took an active part in the initiation, continuation, or procurement of civil proceedings against a respondent, the aggrieved party may be liable for abusive litigation as provided for in Article 5 of Chapter 7 of Title 51. (c) Relief granted under this Code section shall not affect any contract, sale, encum brance, or lease consummated before the granting of such relief and involving a bona fide purchaser, lessee, or tenant without actual notice of a complaint filed with the administrator or civil action under this Code section. (d) Upon timely application, the Attorney General may intervene in such civil action if the Attorney General certifies that the case is of general public importance. Upon such in tervention, the Attorney General may obtain such relief as would be available to the Attor ney General under Code Section 8-3-218 in a civil action to which such Code section applies." Section 12. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 13. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute to SB 615 offered by the Senate Committee on Spe cial Judiciary, the yeas were 1, nays 39, and the substitute was lost. On the adoption of the substitute offered by Senators Bishop of the 15th and Edge of the 28th, the yeas were 38, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SB 615 would be suspended and placed on the Senate General Calendar. SB 720. By Senators Johnson of the 47th and Garner of the 30th: A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions relating to the qualifications for members of the Municipal Gas 1410 JOURNAL OF THE SENATE Authority of Georgia to allow employees of a gas department of a political subdi vision to be members; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Burton Clay Coleman Collins Dawkins Dean Echols Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Brown of 26th Deal Edge Garner Langford Shumake Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 724. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to provide for approval of assumption reinsur ance agreements; to provide definitions; to provide for notice requirements to policyholders; to provide for notice to the Commissioner of Insurance; to provide for the transfer of risks or obligations under an insurance contract following policyholder consent. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan MONDAY, MARCH 2, 1992 1411 English Foster Garner Gillis Harris fHjj!jeajnsjtsyon Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue p erry PTP.hoilnlllairpdjs Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor T^Thuornmeprson Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Alien (excused) Edge Hammill Langford Scott Shumake Timmons On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. Lieutenant Governor Howard introduced Honorable Wyche Fowler, U.S. Senator from Georgia, who briefly addressed the Senate. Senator Broun of the 46th introduced members of the University of Georgia Law School's Moot Court Team and their coaches, who were commended by SR 515, adopted previously. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 728. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday at festi vals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bishop Bowen Broun of 46th BClraoywn of 26th Coleman Echols Egan English Garner Henson H^ .K.i.d,d, Langford Moye Newbill Perry Robinson Steinberg Tate ~Tayl,or Timmons Turner Walker of 43rd 1412 JOURNAL OF THE SENATE Those voting in the negative were Senators: Baldwin Burton Collins Dawkins Dean Edge Foster Gillis Harris Hasty Huggins Johnson Marable Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey R Kay Starr Tysinger White Those not voting were Senators: Alien (excused) Deal Hammill Hill Scott Shumake Thompson Walker of 22nd On the passage of the bill, the yeas were 25, nays 23. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Henson of the 55th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating SB 728. Senator Johnson of the 47th moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House: SB 720. By Senators Johnson of the 47th and Garner of the 30th: A bill to amend Article 4 of Chapter 4 of Title 46 of the Official Code of Georgia Annotated, relating to the Municipal Gas Authority of Georgia, so as to change the provisions relating to the qualifications for members of the Municipal Gas Authority of Georgia to allow employees of a gas department of a political subdi vision to be members; to provide an effective date. On the motion, the yeas were 37, nays 0; the motion prevailed, and SB 720 was immedi ately transmitted to the House. The following general bills and resolutions of the Senate and House, favorably reported by the committees, were read the third time and put upon their passage: SB 554. By Senator Dean of the 31st: A bill to amend Code Section 15-9-11.1 of the Official Code of Georgia Anno tated, relating to assumption of duties by chief clerk upon vacancy in office of probate court, so as to provide that the chief clerk shall assume the same com pensation as the probate judge less any longevity raises received by such judge. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman MONDAY, MARCH 2, 1992 1413 Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien (excused) Gillis Moye Shumake Walker of 22nd On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 572. By Senator Ramsey of the 54th: A bill to amend Code Section 17-4-20.1 of the Official Code of Georgia Anno tated, relating to police investigation of incidents of family violence, so as to add to the factors for consideration in determining the primary physical aggressor the fear inflicted on another person; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to relief from family violence to be granted by superior courts, so as to change the definition of "family violence". The Senate Committee on Judiciary offered the following substitute to SB 572: A BILL To be entitled an Act to amend Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to police investigation of incidents of family violence, so as to add to the factors for consideration in determining the primary physical aggressor the fear inflicted on another person and whether a party has previously violated a temporary protective order; to amend Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to relief from family violence to be granted by superior courts, so as to change the definition of "family violence"; to provide that a petition for relief from family violence may be filed with the clerk of the superior court; to provide that a hearing shall be held within 14 days of the filing of the petition; to provide for related matters; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 17-4-20.1 of the Official Code of Georgia Annotated, relating to police investigation of incidents of family violence, is amended by striking subsection (b) in its entirety and inserting a new subsection to read as follows: "(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 1414 JOURNAL OF THE SENATE 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 or fear inflicted on each person; (3) The potential for future injury; and (4) Whether one of the parties acted in self-defense:; and (5) Whether one of the parties has previously violated a protective order granted under Article 1 of Chapter 13 of Title 19." Section 2. Article 1 of Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to relief from family violence to be granted by superior courts, is amended by strik ing in its entirety Code Section 19-13-1, relating to defining "family violence," and inserting a new Code section to read as follows: "19-13-1. As used in this article, the term 'family violence' means the occurrence of one or more of the following acts between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household: (1) Any felony; er (2) Commission of oifenses of battery, simple battery, simple assault, assault, criminal damage to property, unlawful restraint, or criminal trespass?; or (3) Threats to commit any crime of violence with the intent of terrorizing, where the threat is communicated to the victim and the victim is in reasonable apprehension of receiv ing a violent injury. The term 'family violence' shall not be deemed to include reasonable discipline admin istered by a parent to a child in the form of corporal punishment, restraint, or detention." Section 3. Said article is further amended in Code Section 19-13-3, relating to petitions seeking relief from family violence, by striking in their entirety subsections (a) and (c) and inserting new subsections to read as follows: "(a) A person who is not a minor may seek relief under this article by filing a petition with the clerk of the superior court alleging one or more acts of family violence. A person who is not a minor may also seek relief on behalf of a minor by filing such a petition. The fee for filing a petition shall be as provided in Code Section 15-6-77." "(c) Within te 14 days of the filing of the petition under this article, a hearing shall be held at which the petTtioner must prove the allegations of the petition by a preponderance of the evidence as in other civil cases. If a hearing is not held within ten 14 days, the peti tion shall stand dismissed unless the parties otherwise agree." Section 4. (a) 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. (b) This Act shall be applicable to incidents of family violence investigated on or after the effective date and to petitions for relief from family violence filed on or after the effec tive date. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 39, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. MONDAY, MARCH 2, 1992 1415 On 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 of 46th Brown of 26th Burton Clay Coleman DCoawlliknisns Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hil1 Hooks Huggins JKoihdndson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Scott Starr S,,,tem. b. erg Tate Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien (excused) Bowen Deal Shumake 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. SB 700. By Senators Edge of the 28th, Albert of the 23rd and English of the 21st: A bill to amend Article 12 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to ticket scalping, so as to change the amount of certain au thorized service charges with respect to selling certain tickets or other evidences of right of entry. The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 of 46th Brown of 26th Burton Coleman CDoelalnins Echols Edge English Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JKoihdndson Langford Moye Perdue Perry Phillips Pollard Ragan of 10th j^ay Robinson Scott T ,Ti-immons Turner Tysinger Walker of 43rd White 1416 JOURNAL OF THE SENATE Those voting in the negative were Senators: Clay Dawkins Deal Egan Foster Marable Newbill Ragan of 32nd Ramsey Steinberg Taylor Thompson Those not voting were Senators: Alien (excused) Bowen Garner Shumake Starr Walker of 22nd On the passage of the bill, the yeas were 38, nays 12. The bill, having received the requisite constitutional majority, was passed. SB 730. By Senator Broun of the 46th: A bill to amend Article 6 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to agreements for probation services, so as to authorize agreements for probation services and other services for municipal courts; to au thorize establishment of probation systems for municipal courts; to provide for procedures and requirements related thereto. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Tysinger Those not voting were Senators: Alien (excused) Bowen Edge Garner Henson Phillips Shumake Starr Turner Walker of 22nd Walker of 43rd White On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. MONDAY, MARCH 2, 1992 1417 HR 734. By Representatives Royal of the 144th, Colwell of the 4th and Murphy of the 18th: A resolution designating the Jimmy Autry Correctional Institution. Senate Sponsor: Senator Timmons of the llth. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins DDeaawlkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson KLaidndgford Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg T,ay,lor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien (excused) Bowen Henson Moye Shumake Walker of 22nd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HR 647. By Representatives Buck of the 95th, Colwell of the 4th and Hammond of the 20th: A resolution authorizing and directing the conveyance of certain state owned property located in Cobb County, Georgia, to the Board of Regents of the Uni versity of Georgia. Senate Sponsor: Senator Dawkins of the 45th. The Senate Committee on Finance and Public Utilities offered the following substitute to HR 647: A RESOLUTION Authorizing the lease of certain real property owned by the State of Georgia in Rockdale County, Georgia; to provide an effective date; to repeal conflicting laws; and for other purposes. 1418 JOURNAL OF THE SENATE WHEREAS, two tracts of state owned property in Rockdale County containing approx imately 136 acres were leased by the Department of Human Resources for a term of 25 years to Rockdale County by intergovernmental agreement dated October 1, 1977; and WHEREAS, Rockdale County has improved said property and continues to operate said property as a public park and recreational facility; and WHEREAS, said tracts of land are more particularly described as follows: "TRACT NO. 1 All that tract or parcel of land lying and being in Sheffield (475) District of Rockdale County, Georgia, containing 59 % acres, more or less, and bounded as follows: North-east by Big Haynes Creek, southeast by lands of Mrs. Vivian Wood Baker and B. P. Wood; south west by lands of A. J. Sellers; and northwest by lands of Lancaster and Gilbert. Said lands being known as Lot 5 of the lands of Estate of S. H. Wood, more fully described by plat thereof made by L. A. House, Surveyor, on November 24, 1927, and of the record in the Clerk's Office, Rockdale County, Georgia, in Deed Book S, page 417. TRACT NO. 2 All that tract or parcel of land lying and being in Land Lot 294 of the 4th District of Rockdale County, Georgia, containing 76.66 acres, and being more fully and particularly described by plat prepared by J. A. Wells, registered surveyor No. 164, dated July 12, 1960, and of record in Plat Book C, page 213, Clerk's Office, Rockdale, Georgia, and for the pur pose of a more complete and accurate description the said plat is here by reference incorpo rated in and made a part of this description."; and "All that tract or parcel of land" conveyed to the State of Georgia by indenture made on the 26th day of August, 1975, from J. J. Crawford, recorded August 29, 1975 in Book 152, folio 29, in the Office Clerk of Superior Court, Rockdale County, and "embraced within the bounds of BLACK SHOALS ROAD and JOHN DAY ROAD as shown and delineated on a certain April, 1974, revised August 22, 1975, plat of survey prepared for the State of Georgia by Evans Surveyors Service, more particularly Joe V. Evans, Georgia Registered Land Sur veyor No. 1105, and entitled 'PROPOSED ACQUISITION BY THE STATE OF GEOR GIA, GEORGIA DEPARTMENT OF NATURAL RESOURCES', a copy of said plat of survey being recorded in Plat Book I, Page 247, of the Records of the Clerk of Superior Court of Rockdale County, Georgia"; and WHEREAS, Rockdale County is desirous of constructing a water reservoir on a portion of the above-described property; and WHEREAS, Rockdale County agrees that the property not inundated by the reservoir shall continue to be used as a public park and recreational area to the benefit of Rockdale County and the State of Georgia. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL AS SEMBLY OF GEORGIA: Section 1. That the State of Georgia is the owner of the referenced hereinabove de scribed real property and that, in all matters relating to the leasing of said property, the State of Georgia is acting by and through its State Properties Commission. Section 2. That the State of Georgia, acting by and through its State Properties Com mission, is authorized to lease the hereinabove-described tracts of land to Rockdale County for a period of 50 years commencing with the execution of the lease agreement. Section 3. That the consideration for such easement shall be $650.00 and the benefit of the state and upon such further consideration and provisions as the State Properties Com mission may determine to be in the best interest of the State of Georgia. Section 4. That the authorization in this resolution to lease the above-described prop erty to Rockdale County shall expire three years after the date that this resolution becomes effective. MONDAY, MARCH 2, 1992 1419 Section 5. That the State Properties Commissions is authorized and empowered to do all acts and things necessary and proper to effect such lease. Section 6. That this resolution shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. That all laws and parts of laws in conflict with this resolution 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 adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th BC.-,,luaryton CCoollleimnsan Dawkins Deal Dean Echols Edge Egan English Gillis Hammill Harris Hasty H,,Hiolol k. s HJouhgngsionns Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 32nd Ramsey R aRo?b.inson Scteomttb, erg Tate Thompson Turner Tysinger White Those not voting were Senators: Alien (excused) Foster Garner Henson Phillips Ragan of 10th Shumake Starr Taylor Timmons Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 44, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. Senator Garner of the 30th moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed. At 12:43 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow. 1420 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, March 3, 1992 Twenty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Henson of the 55th moved that the Senate reconsider its action on March 2 in defeating the following bill of the Senate: SB 728. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday at festi vals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Broun of 46th Brown of 26th Clay Deal Dean Echols Edge Egan Gillis Hammill Henson Hooks Johnson Kidd Moye Ragan of 10th Ramsey Robinson Scott Steinberg Taylor Thompson Turner Tysinger Walker of 43rd Those voting in the negative were Senators: Burton Dawkins Pollard Those not voting were Senators: Baldwin Bowen Coleman Collins English Foster Garner Harris Hasty Hill Huggins Langford Marable Newbill Perdue Perry Phillips Ragan of 32nd Ray Shumake Starr Tate Timmons Walker of 22nd White On the motion, the yeas were 28, nays 3; the motion prevailed, and SB 728 was recon sidered and placed on the Senate General Calendar. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. TUESDAY, MARCH 3, 1992 1421 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1750. By Representatives Walker of the 115th, Buck of the 95th and Groover of the 99th: A bill to amend Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to the powers relating to undertakings and revenue bonds generally, so as to authorize fees to be charged to persons to whom services are provided or made available by an undertaking financed by a revenue bond. HB 1598. By Representatives Martin of the 26th, Parrish of the 109th, Childers of the 15th, McKinney of the 35th, Hamilton of the 124th and others: A bill to amend Code Section 15-11-56 of the Official Code of Georgia Annotated, relating to expenses charged to county and payment by parents on court order of expenses involving treatment, care, and support of a child, so as to provide that the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child. HB 1314. By Representative Murphy of the 18th: A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to prohibit certain deceptive publications of local telephone num bers by nonlocal providers of goods or services. HB 1356. By Representatives Oliver of the 53rd, Sinkfield of the 37th, Herbert of the 76th, Hamilton of the 124th, Baker of the 51st and others: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activi ties before school, after school, and during vacation periods for school age children. HB 1270. By Representative Martin of the 26th: A bill to amend Code Section 41-2-12 of the Official Code of Georgia Annotated, relating to service of complaints or orders upon parties in interest of unfit struc tures, so as to eliminate the requirement of service by publication of nonresidents. HB 1445. By Representatives Snow of the 1st, Mobley of the 64th, Streat of the 139th, Carrell of the 65th, Harris of the 84th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state. 1422 JOURNAL OF THE SENATE HB 1609. By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th, Lee of the 72nd and Benefield of the 72nd: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Human Resources to adopt state wide minimum standards for on-site, individual sewage management systems. HB 1386. By Representatives Patten of the 149th and Dobbs of the 74th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste manage ment, so as to provide for and revise certain definitions; to provide for additional powers of the Board of Natural Resources. HB 1435. By Representatives Hammond of the 20th and Chambless of the 133rd: A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Ti tle 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients. HB 999. By Representatives Ray of the 98th, Jenkins of the 80th and Streat of the 139th: A bill to amend Code Section 20-2-184 of the Official Code of Georgia Annotated, relating to program weights to provide funds for media specialists, so as to delete a provision excluding computer hardware and software from media center mater ials and equipment. HB 1145. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to provide for an additional impact fee for vehicles previously titled outside this state; to change certain fees for driver's licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 536. By Senators Turner of the 8th, Bowen of the 13th and Echols of the 6th: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, the "Real Estate Appraiser Licensing and Certification Act," so as to pro vide that a person appraising real property exclusively for the internal use of a bank, savings and loan association, or credit union shall not be required to be licensed, certified, or registered; to provide an exception; to provide for applica bility; to provide an effective date. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 914. By Representatives Alford of the 57th, Irwin of the 57th, Blitch of the 150th and Henson of the 57th: A resolution commending Honorable Clarence R. Vaughn, Jr., and designating the Clarence R. Vaughn, Jr., Highway. TUESDAY, MARCH 3, 1992 1423 HR 875. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th: A resolution recognizing Lieutenant Colonel Thomas Vance Parrott, USAF, and designating the Colonel Tom Parrott Parkway. HR 995. By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st, Clark of the 20th, Cauthorn of the 20th and others: A resolution urging the Cobb County Board of Commissioners to increase fund ing for mental health services in a more equitable manner. The House has passed by the requisite constitutional majority the following bill of the House: HB 538. By Representatives Thomas of the 31st, Sinkfield of the 37th, Oliver of the 53rd, Williams of the 48th, Turnquest of the 56th and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require individual and group accident and sickness insurance coverage of mammograms and Pap smears. The following bills of the Senate were introduced, read the first time and referred to committees: SB 786. By Senators Taylor of the 12th and Foster of the 50th: A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, so as to provide that a group policyholder may require an additional employee contribution for spousal coverage where the spouse so cov ered is eligible to receive coverage under another group accident and sickness policy but declines such coverage. Referred to Committee on Insurance and Labor. SB 787. By Senator Edge of the 28th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys and their appointment, qualifications, and compensation, so as to change the definition of the term "LL.M. degree", to pro vide an effective date. Referred to Committee on Special Judiciary. SB 788. By Senator Phillips of the 9th: A bill to amend Article 2 of Chapter 9 of Title 42 of the Official Code of Georgia Annotated, relating to grants of pardons, paroles, and other relief, so as to pro vide notification to victims regarding release of their assailant; to provide for no tification prior to the hearing. Referred to Committee on Corrections. SB 789. By Senator Tysinger of the 41st: A bill to amend an Act providing for the protection of pension rights of county officers and employees of certain counties of this state so as to change the popu lation figure; to provide an effective date. Referred to Committee on Urban and County Affairs (General). 1424 JOURNAL OF THE SENATE SB 790. By Senator Kidd of the 25th: A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of cer tain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital. Referred to Committee on Governmental Operations. SB 791. By Senators Garner of the 30th and Edge of the 28th: A bill to amend Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to distribution by the Secretary of State of the Georgia Laws and the Senate and House Journals, so as to change provisions relating to fixing of prices for sales of the Georgia Laws and the Senate and House Journals; to provide for the method of determination of such prices; to provide for deposit of receipts into the general fund of the state treasury; to provide an effective date. Referred to Committee on Special Judiciary. The following bills and resolutions of the House were read the first time and referred to committees: HB 538. By Representatives Thomas of the 31st, Sinkfield of the 37th, Oliver of the 53rd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require individual and group accident and sickness insurance coverage of mammograms and Pap smears. Referred to Committee on Insurance and Labor. HB 999. By Representatives Ray of the 98th, Jenkins of the 80th and Street of the 139th: A bill to amend Code Section 20-2-184 of the Official Code of Georgia Annotated, relating to program weights to provide funds for media specialists, so as to delete a provision excluding computer hardware and software from media center mater ials and equipment. Referred to Committee on Education. HB 1145. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to change certain fees for motor vehicle special and prestige license plates; to change certain fees for a motor vehicle title; to provide for an additional impact fee for vehicles previously titled outside this state; to change certain fees for driver's licenses, probationary licenses, instruction permits, and identification cards; to change certain reinstatement fees. Referred to Committee on Finance and Public Utilities. HB 1270. By Representative Martin of the 26th: A bill to amend Code Section 41-2-12 of the Official Code of Georgia Annotated, relating to service of complaints or orders upon parties in interest of unfit struc tures, so as to eliminate the requirement of service by publication of nonresidents. Referred to Committee on Special Judiciary. TUESDAY, MARCH 3, 1992 1425 HB 1314. By Representative Murphy of the 18th: A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to prohibit certain deceptive publications of local telephone num bers by nonlocal providers of goods or services. Referred to Committee on Finance and Public Utilities. HB 1356. By Representatives Oliver of the 53rd, Sinkfield of the 37th, Herbert of the 76th and others: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activi ties before school, after school, and during vacation periods for school age children. Referred to Committee on Health and Human Services. HB 1386. By Representatives Patten of the 149th and Dobbs of the 74th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste manage ment, so as to provide for and revise certain definitions; to provide for additional powers of the Board of Natural Resources. Referred to Committee on Natural Resources. HB 1435. By Representatives Hammond of the 20th and Chambless of the 133rd: A bill to amend Article 2 of Chapter 9 of Title 24 of the Official Code of Georgia Annotated, relating to privileged communications, so as to extend the privileged communications between psychiatrists and patients; to amend Chapter 39 of Ti tle 43 of the Official Code of Georgia Annotated, relating to psychologists, so as to extend the privileged communications between psychologists and clients. Referred to Committee on Judiciary. HB 1445. By Representatives Snow of the 1st, Mobley of the 64th, Streat of the 139th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state. Referred to Committee on Public Safety. HB 1598. By Representatives Martin of the 26th, Parrish of the 109th, Childers of the 15th and others: A bill to amend Code Section 15-11-56 of the Official Code of Georgia Annotated, relating to expenses charged to county and payment by parents on court order of expenses involving treatment, care, and support of a child, so as to provide that the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child. Referred to Committee on Health and Human Services. 1426 JOURNAL OF THE SENATE HB 1609. By Representatives Dunn of the 73rd, Smith of the 78th, Herbert of the 76th and others: A bill to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to authorize the Department of Human Resources to adopt state wide minimum standards for on-site, individual sewage management systems. Referred to Committee on Health and Human Services. HB 1750. By Representatives Walker of the 115th, Buck of the 95th and Groover of the 99th: A bill to amend Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to the powers relating to undertakings and revenue bonds generally, so as to authorize fees to be charged to persons to whom services are provided or made available by an undertaking financed by a revenue bond. Referred to Committee on Finance and Public Utilities. HR 875. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th: A resolution recognizing Lieutenant Colonel Thomas Vance Parrott, USAF, and designating the Colonel Tom Parrott Parkway. Referred to Committee on Transportation. HR 914. By Representatives Alford of the 57th, Irwin of the 57th, Blitch of the 150th and Henson of the 57th: A resolution commending Honorable Clarence R. Vaughn, Jr., and designating the Clarence R. Vaughn, Jr., Highway. Referred to Committee on Transportation. HR 995. By Representatives Coker of the 21st, Atkins of the 21st, Klein of the 21st and others: A resolution urging the Cobb County Board of Commissioners to increase fund ing for mental health services in a more equitable manner. Referred to Committee on Health and Human Services. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1400. Do pass. HB 1655. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Economic Development and Tourism has had under consideration the following bill and resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 773. Do pass by substitute. TUESDAY, MARCH 3, 1992 1427 SR 479. Do pass. Respectfully submitted, Senator Broun of the 46th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the Sen ate and has instructed me to report the same back to the Senate with the following recommendation: SB 784. Do pass. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 719. Do pass by substitute. SB 770. Do pass. SB 757. Do pass. HB 576. Do pass by substitute. Respectfully submitted, Senator Kidd of the 25th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 573. Do pass. HB 1175. Do pass. HB 1312. Do pass as amended. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 747. Do pass by substitute. HB 1476. Do pass. HB 1308. Do pass. HB 1658. Do pass. HB 1344. Do pass. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the 1428 JOURNAL OF THE SENATE Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 412. Do pass. SR 431. 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 763. Do pass. HB 1859. Do pass. SB 768. Do pass. HB 1864. Do pass. HB 1398. Do pass. HB 1865. Do pass. HB 1553. Do pass. HB 1876. Do pass. HB 1839. Do pass. HB 1898. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills of the Senate and House were read the second time: SB 738. By Senator Dawkins of the 45th: A bill to amend an Act providing that in certain counties the governing authori ties thereof shall adopt a uniform central accounting and bookkeeping system so as to change certain population brackets; to change the provisions relating to applicability; to provide that the term "population bill" shall not include a cer tain type bill; to provide an effective date. SB 739. By Senators Ragan of the 32nd, Clay of the 37th and Thompson of the 33rd: A bill to amend an Act abolishing the office of county treasurer in counties hav ing a population of more than 400,000 according to the last or any future federal decennial census so as to repeal said Act. SB 740. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 21-3-134 of the Official Code of Georgia Annotated, relating to municipalities' lists of electors, so as to change the population figures describing those counties in which registered voters residing within certain mu nicipalities shall be added to the municipality's voter registration list. SB 741. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend Code Section 20-2-51 of the Official Code of Georgia Annotated, relating to members of county school boards, so as to change the population figures describing the counties in which a vacancy on the county board of educa tion is created when a member of the county board qualifies for nomination or election to any other elective governmental office. SB 742. By Senators Clay of the 37th, Thompson of the 33rd and Ragan of the 32nd: A bill to amend an Act authorizing boards of education of certain cities and counties to establish, operate, and pay the cost of schools on a 24 hour basis so as TUESDAY, MARCH 3, 1992 1429 to revise the population figures describing the cities and counties affected by such Act. SB 743. By Senators Ragan of the 32nd, Clay of the 37th, Thompson of the 33rd and Newbill of the 56th: A bill to amend Code Section 36-5-22 of the Official Code of Georgia Annotated, relating to authorizing county managers, as to change the population figure describing counties in which the county governing authority or the General As sembly is not authorized to create the office of county manager. SB 748. By Senator Thompson of the 33rd: A bill to amend an Act restricting the rezoning of land annexed by municipalities within certain counties so as to revise the population figures describing the coun ties to which such Act applies. SB 749. By Senator Thompson of the 33rd: A bill to amend Code Section 20-8-1 of the Official Code of Georgia Annotated, relating to definitions of terms relating to campus police officers, so as to change the population figure describing counties in which an expanded definition of "campus" applies. SB 750. By Senator Baldwin of the 29th: A bill to amend Code Section 35-8-19 of the Official Code of Georgia Annotated, relating to the appointment of a citizen of an adjoining state as a peace officer in certain cities, so as to remove the population figures. SB 751. By Senators Henson of the 55th and Walker of the 43rd: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds. SB 753. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 53-6-90 of the Official Code of Georgia Annotated, relating to appointment of county administrator and assistant county adminis trators, so as to change the population figure describing counties in which the judge of the probate court is authorized to appoint one or more assistant county administrators. SB 754. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 21-3-133 of the Official Code of Georgia Annotated, relating to purging of a municipality's list of electors, so as to change the popula tion figures describing the counties which encompass municipalities which shall affix postage to return cards for continuance of registration. SB 758. By Senator Starr of the 44th: A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300 so as to repeal said Act. HB 521. By Representative Holmes of the 28th: A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers. 1430 JOURNAL OF THE SENATE HB 1231. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to update certain population figures relating to the authority of certain boards of directors of development authorities. HB 1238. By Representatives Skipper of the 116th, Walker of the 113th and Holland of the 136th: A bill to amend Article 6 of Chapter 9 of Title 15 of the Official Code of Georgia Annotated, relating to jury trials and appeals in the probate courts, so as to pro vide for default judgments in probate courts. HB 1401. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that the social security account numbers of parents shall be entered on a certificate of birth. HB 1518. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th: 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 an agency relationship, so as to clarify the laws relating to the validity of a principal's granting, in writing, a conditional power of attorney, provided that one or more persons are designated by such principal to determine conclusively, by written declaration under penalty of perjury, that the conditional event or contingency has occurred. HB 1558. By Representatives Brush of the 83rd, Griffin of the 6th, Mann of the 6th and others: A bill to repeal an Act providing for a board of elections in certain counties. HB 1645. By Representatives Jackson of the 9th, Orr of the 9th and Lawson of the 9th: A bill to amend Code Section 40-13-21 of the Official Code of Georgia Annotated, relating to general powers and jurisdiction of probate and municipal courts in traffic cases, so as to repeal the authority of the clerk of the superior court in certain counties to attend probate court in traffic cases. HB 1652. By Representatives Bates of the 141st, Murphy of the 18th, Streat of the 139th and others: A bill to amend an Act to abolish the office of county treasurer in counties having a population of not less than 25,250 and not greater than 28,250 according to the U. S. Census of 1960 or any such future census, so as to repeal said Act. HB 1767. By Representatives Yeargin of the 14th, Connell of the 87th, Ricketson of the 82nd and others: A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the authority. HB 1818. By Representatives Watson of the 114th and Walker of the 115th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 60,000 and not more than 65,000 according to the TUESDAY, MARCH 3, 1992 1431 United States decennial census of 1970 or any future such census, so as to change the provisions relative to population. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Brown of 26th Burton Foster Garner Gillis Hammill Harris Hasty Henson ^ Coleman Collins Dawkins Deal Dean Echols Edge Egan English TM Hooks Huggins Johnson . Kidd Marable Moye Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr rSpte.inberg _, . ify Thompson Timmons Turner Tysinger Walker of 43rd White Those not answering were Senators: Broun of 46th Langford Newbill Phillips Shumake Walker of 22nd The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Harris of the 27th introduced the chaplain of the day, Reverend Jim Hamlin, pastor of Roberta United Methodist Church, Roberta, Georgia, who offered scripture read ing and prayer. Senator Walker of the 43rd introduced Imam W. Deen Mohammad, a leader of Muslim religion, having been commended by SR 504, adopted previously, and he briefly addressed the Senate. The following resolutions of the Senate were read and adopted: SR 517. By Senator Deal of the 49th: A resolution commending Mr. George Mintz and Mrs. Cola Mintz. SR 519. By Senators Henson of the 55th, Steinberg of the 42nd, Walker of the 43rd and others: A resolution expressing regret at the passing of Mr. Ellis A. Maloof. SR 520. By Senators Deal of the 49th and Baldwin of the 29th: A resolution recognizing and commending participants in "Workshops to Prepare Court Futures in Georgia". Senator Kidd of the 25th moved that the following bill of the House be withdrawn from 1432 JOURNAL OF THE SENATE the Senate Committee on Judiciary and committed to the Senate Committee on Govern mental Operations: HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to require persons to keep firearms in a locked container or in another reasonably secure manner. On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 277 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Governmental Operations. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Tuesday, March 3, 1992 TWENTY-SEVENTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 763 Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY A bill to amend an Act relating to the school system of the City of Savannah and Chatham County, so as to change the composition of the education dis tricts. HB 1398 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the solicitor general of said circuit, so as to provide that the salaries of assistant district attorneys in the Atlanta Judicial Circuit shall be fixed by the district attorney are not less than $10,000.00 nor more than $63,000.00. HB 1553 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to provide a homestead exemption from all Fulton County ad valorem taxes in an amount of $4,000.00 of the assessed value of such homestead for TUESDAY, MARCH 3, 1992 1433 certain residents of Fulton County in 1993; to provide that such amount shall increase $2,000.00 each year after that until it reaches $10,000.00 in 1996. HB 1839 Edge, 28th COWETA COUNTY A bill to amend an Act providing for the composition of the Board of Educa tion of Coweta County, so as to reapportion the education districts. HB 1859 Hooks, 14th SUMTER COUNTY A bill to amend an Act creating a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter, and Greene, so as to change the salaries of the chairman and members of the Board of Commissioners of Sumter County. HB 1864 Baldwin, 29th HARRIS COUNTY A bill to amend an Act entitled "An Act to require the Superintendent of Schools of Harris County and the Board of Education of Harris County to maintain a current list of the members and all employees of the Board of Education of Harris County;" so as to repeal the requirement for competitive bidding on all materials, equipment and supplies purchased by the Board of Education of Harris County. HB 1876 Marable, 52nd FLOYD COUNTY A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to provide that the county manager shall make recommenda tions to the board relative to the appointment of future heads of county de partments. HB 1898 Foster, 50th RABUN COUNTY A bill to amend an Act incorporating the City of Sky Valley, in Rabun County; so as to change the provisions relating to the mayor pro tern. HB 1852 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act creating the board of commissioners of Cobb County, so as to provide that in the event of a vacancy in the position of two commis sioners, a majority vote of the members present at the meeting shall be suffi cient for the commission to take action. 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: 1434 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Baldwin Bowen Brown of 26th Burton Clay Coleman Collins Deal Dean Echols Edge Foster Garner Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Bishop Broun of 46th Dawkins Egan English Gillis Hammill Hasty Newbill Ragan of 10th Shumake Timmons Walker of 22nd On the passage of all the local bills, the yeas were 42, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. SENATE RULES CALENDAR Tuesday, March 3, 1992 TWENTY-SEVENTH LEGISLATIVE DAY SB 735 Georgia Street Gang Terrorism and Prevention Act--enact (Amendment) (Judy--34th) SB 698 Load Limitations--impound vehicle for failure to pay for violations (Amend ment) (Trans--54th) HB 1103 Development Impact Fee Act--for local system improvement (Substitute) (F&PU--29th) HB 727 Textbooks--sanctions for pupil refusing to pay for lost, damaged (Amendments) (Ed--24th) HB 1288 Enotah Judicial Circuit--create (Substitute) (Judy--49th) HB 1508 Driver's License Reinstatement--accept certain driver programs, other states (S Judy--28th) HB 1216 Driving With Revoked License--city courts may impose punishment (Judy--29th) HB 559 Division of Irrigation Contractors--provide (Substitute) (Gov Op--25th) HB 311 Teachers Retirement--disability retirement (Ret--52nd) HB 1520 Trusts--trustee may express beneficiary's choice of administrator (Judy--40th) HB 1389 Shore Assistance Act of 1979--define certain terms (Substitute) (Nat R--16th) HB 184 District Attorneys Retirement Fund--attorneys members of District Attorney's Retirement System (Ret--16th) TUESDAY, MARCH 3, 1992 1435 HB 216 Teachers Retirement--relating to credit during pregnancy absence (Ret--30th) HB 1149 County Jail Funds--collections to be paid to governing authority (Judy--29th) HB 1229 Municipal Employees Benefit System--certain local authority participate (Ret--24th) HB 1241 Agricultural Product Dealers--ownership transfer, product payment (Ag--21st) HB 1545 Judicial Sale Ads--standards for official organ designation (S Judy--45th) HB 1234 Title 47 (Retirement)--correct errors, omissions (Ret-24th) HB 1392 Game and Fish--certain new licenses, tags (Amendment) (Nat R--16th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 735. By Senators Moye of the 34th, Langford of the 35th, Egan of the 40th and others: A bill to amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, so as to make it unlawful to actively participate in any crim inal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity and to willfully promote, further, and assist in any felonious criminal conduct by members of such gang; to provide for criminal penalties for such conduct; to provide a short title; to provide for legislative in tent; to define certain terms. The Senate Committee on Judiciary offered the following amendment: Amend SB 735 by striking from line 25 of page 5 the following: "16-5-5", and inserting in lieu thereof the following: "16-15-5". 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 Baldwin Bowen Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue 1436 JOURNAL OF THE SENATE Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Those not voting were Senators: Thompson Turner Tysinger Walker of 43rd White Alien Bishop Broun of 46th Deal Garner Scott Shumake 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 as amended. SB 698. By Senator Ramsey of the 54th: A bill to amend Code Section 32-6-27 of the Official Code of Georgia Annotated, relating to the enforcement of load limitations, so as to authorize the department to impound any vehicle owned by a company who has failed to pay an assess ment for violations of the weight limitations. The Senate Committee on Transportation offered the following amendment: Amend SB 698 by striking the period at the end of line 17 of page 1 and inserting in lieu thereof the following: ", unless the liabilities are being appealed as prescribed by law.". Senator Ramsey of the 54th offered the following amendment: Amend SB 698 by adding on page 1, line 4, after the word "any" the word "one", and by adding on line 14 of page 1, after the word "any" the word "one". Senator Garner of the 30th moved that SB 698 be committed to the Senate Committee on Transportation. On the motion, the yeas were 27, nays 5; the motion prevailed, and SB 698 was commit ted to the Senate Committee on Transportation. Senator Coleman of the 1st introduced several people involved with the Savannah St. Patrick's Day Parade Committee, who were commended by SR 518, adopted previously; Grand Marshall James G. "Jimmy" Burke, Jr., and Jim Forbes, vice-president of the com mittee, both briefly addressed the Senate. Senator Kidd of the 25th introduced the doctor of the day, Dr. Cyler Garner, of Gordon, Georgia. TUESDAY, MARCH 3, 1992 1437 The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1103. By Representative Lane of the 27th: A bill to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to change the date upon which ex isting municipal and county ordinances or resolutions imposing development ex actions for system improvements must be brought into conformance with the chapter. Senator Sponsor: Senator Baldwin of the 29th. The Senate Committee on Finance and Public Utilities offered the following substitute to HB 1103: A BILL To be entitled an Act to amend Chapter 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, so as to define an additional term; to change the date upon which existing municipal and county ordinances or resolutions impos ing development exactions for system improvements must be brought into conformance with the chapter; to provide that the imposition of hook-up or connection fees shall be consistent with the capital improvement element of the comprehensive plan and shall be subject to approval of the appropriate governing authority; to provide procedures for the adoption, imposition, collection, and expenditure of hook-up and connection fees for system improve ments; 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 71 of Title 36 of the Official Code of Georgia Annotated, relating to development impact fees, is amended by adding between paragraphs (10) and (11) of Code Section 36-71-2, relating to definitions, a new paragraph (10.1) to read as follows: "(10.1) 'Governmental entity' means any water authority, water and sewer authority, or water or waste-water authority created by or pursuant to an Act of the General Assembly of Georgia." Section 2. Said chapter is further amended by striking in its entirety Code Section 3671-12, relating to existing municipal and county laws being brought into conformance with said chapter, and inserting in lieu thereof a new Code Section 36-71-12 to read as follows: "36-71-12. This chapter shall not repeal any existing laws authorizing a municipality or county to impose fees or require contributions or property dedications for capital improve ments; provided, however, that all local ordinances or resolutions imposing development ex actions for system improvements on April 4, 1990, shall be brought into conformance with this chapter no later than two yearn from April 4, 1000 November 30, 1992." Section 3. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 36-71-13, relating to requiring a developer to construct reasonable project im provements, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Nothing in this chapter shall limit a municipality, county, or other governmental entity which provides water or sewer service from collecting a proportionate share of the capital cost of water or sewer facilities by way of hook-up or connection fees as a condition of water or sewer service to new or existing users, provided that the development impact fee ordinance of a municipality or county or other governmental entity that collects develop ment impact fees pursuant to this chapter shall include a provision for credit for such hook up or connection fees collected by the municipality or county to the extent that such hook up or connection fee is collected to pay for system improvements. Imposition of such hook up or connection fees by any governmental entity to pay for system improvements either 1438 JOURNAL OF THE SENATE existing or new shall be consistent with the capital improvement element of the comprehen sive plan and shall be subject to the approval of each county, municipality, or combination thereof which appoints the governing body of such entity. The adoption, imposition, collec tion, and expenditure of such fees for system improvements by any governmental entity shall be subject to the same procedures applicable to the adoption, imposition, collection, and expenditure of development impact fees by a county." 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 42, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Deal Dean Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable 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: Bowen Dawkins Echols Moye Shumake 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 general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Education, and favorably reported by the committee, was put upon its passage: HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to TUESDAY, MARCH 3, 1992 1439 establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged text book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Senate Sponsor: Senator Pollard of the 24th. The Senate Committee on Education offered the following amendment: Amend HB 727 by adding "and" immediately after the semicolon on line 12 of page 2. By striking the semicolon on line 15 of page 2 and inserting in its place a period. By striking lines 16 through 19 of page 2. On the adoption of the amendment offered by the Senate Committee on Education, the yeas were 0, nays 32, and the amendment was lost. Senators Newbill of the 56th and Foster of the 50th offered the following amendment: Amend HB 727 by striking on page 2, lines 16 through 19. On the adoption of the amendment offered by Senators Newbill of the 56th and Foster of the 50th, 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 Broun of 46th Brown of 26th B urton Cloalyeman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill 2Huggms Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey jjay Robinson Scott TSteinbergB *, ^aylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Shumake Starr On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 1440 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 681. By Representatives Childers of the 15th, Wilder of the 21st, Parham of the 105th, Moultrie of the 93rd, Green of the 106th and others: A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Anno tated, relating to liability of volunteer health care providers, so as to extend the immunity from liability to other health care providers and facilities and remove certain limitations and establish others. The following bill of the House was read the first time and referred to committee: HB 681. By Representatives Childers of the 15th, Wilder of the 21st, Parham of the 105th and others: A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Anno tated, relating to liability of volunteer health care providers, so as to extend the immunity from liability to other health care providers and facilities and remove certain limitations and establish others. Referred to Committee on Special Judiciary. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th and others: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. Senate Sponsor: Senator Deal of the 49th. The Senate Committee on Judiciary offered the following substitute to HB 1288: A BILL To be entitled an Act to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White; to provide for two judges of the superior court and a district attorney for said circuit; to provide for their initial appointment, subsequent election, and compensation; to provide for the transfer of proceedings to said circuit; to revise the Moun tain Judicial Circuit and the Northeastern Judicial Circuit; to provide for other matters relative to the foregoing; to amend Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to provide for a new judicial circuit; to provide for the judges of the superior court and the terms of court in said circuit; 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. (a) Effective July 1, 1992, there is created a new judicial circuit of the supe rior courts of this state, to be known as the Enotah Judicial Circuit, which circuit shall be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. The offices of TUESDAY, MARCH 3, 1992 1441 the judge of the superior court and district attorney of the Enotah Judicial Circuit are cre ated for said circuit. The initial judges and district attorney shall be appointed by the Gov ernor for a term of office beginning on July 1, 1992, and continuing through December 31, 1994, and until successors are elected and qualified. Successors to the initial judges and district attorney shall be elected in the general election immediately preceding the expira tion of a term of office and shall be elected for terms of office of four years each and until their respective successors are duly elected and qualified. Successors to the offices of judge and district attorney shall take office on the first day of January following their election. (b) The compensation and allowances of the judges and district attorney of said circuit shall be as now or hereafter provided by law. (c) All civil, equitable, and criminal proceedings and litigations pending in the superior courts of Towns, Union, Dawson, Lumpkin, and White counties at such time as they were a part of the Mountain Judicial Circuit and Northeastern Judicial Circuit, including all com plaints, pleadings, petitions, indictments, special presentments, summonses, processes, mo tions, writs, mesne, and final proceedings, together with all books and records of any kind or character belonging to, issued, returnable, filed, pending, or commenced in such counties shall relate to, become a part of, and be transferred to the respective superior courts of the Enotah Judicial Circuit and its jurisdiction when said circuit comes into existence. Section 2. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by adding a new paragraph (17.1) to Code Section 15-6-1, relat ing to composition of the judicial circuits, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following: "(17.1) Enotah Judicial Circuit, composed of the Counties of Towns, Union, Dawson, Lumpkin, and White;". "(25) Mountain Judicial Circuit, composed of the Counties of Habersham, Rabun, and Stephens,'Towns, and-Umoa; (26) Northeastern Judicial Circuit, composed of the Counties of Hall, Dawoon, Lumpkin, and White County of Hall;" Section 3. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-2, relating to the number of judges, to read as follows: "(17.1) Enotah Circuit...................................................... 2". Section 4. Said chapter is further amended by adding a new paragraph (17.1) to Code Section 15-6-3, relating to terms of court, and by striking paragraphs (25) and (26) of said Code section and inserting in lieu thereof the following: "(17.1) Enotah Circuit: (A) Towns County--January 1 and July 1. (B) Union County--January 1 and July 1. (C) Dawson County--First Monday in February and August. (D) Lumpkin County--Fourth Monday in February and August. (E) White County--First Monday in April and October." "(25) Mountain Circuit: (A) Habersham County--January 1 and July 1. (B) Rabun County--January 1 and July 1. (C) Stephens County--January 1 and July 1. (D) Towns County January 1 and July 1. (E) Union County--January 1 and July 1. 1442 JOURNAL OF THE SENATE (26) Northeastern Circuit: (A) Dawaon County--Firat Monday in February and August. 4B> Hall County--First Monday in May and November and second Monday in January and July. (C) Lumpkin County Fourth Monday in February and Auguat. (D) White County--First Monday in April and October." Section 5. For the purposes of the appointment of the judges and district attorney of the Enotah Judicial Circuit to take office on July 1, 1992, this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. For all other purposes, this Act shall be effective on July 1, 1992. Section 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Albert Bowen Edge English Garner Henson Ramsey Shumake Timmons White On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1508. By Representatives Coker of the 21st, Klein of the 21st and Atkins of the 21st: 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 acceptance by the Department of Public Safety of certificates of completion of all defensive driving, alcohol and TUESDAY, MARCH 3, 1992 1443 drug, and driving under the influence clinics and programs approved by any other state for purposes of reinstatement of drivers' licenses. Senate Sponsors: Senators Edge of the 28th and Dean of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan Foster Gillis 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 Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Edge English Garner Hammill Shumake Timmons Walker of 22nd On the passage of the bill, the yeas were 48, nays 0. The bill, having receive the requisite constitutional majority, was passed. HB 1216. By Representative Campbell of the 23rd: A bill to amend Code Section 40-5-121 of the Official Code of Georgia Annotated, relating to driving while a license is suspended or revoked, so as to authorize any municipal court of any municipality to impose the punishment provided in this Code Section notwithstanding the limits set forth in its municipal charter. 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal 1444 JOURNAL OF THE SENATE Dean Echols Egan Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry 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: Bowen Edge English Henson Phillips Shumake Timmons On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 559. By Representatives Smith of the 156th and Green of the 106th: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to provide for a Division of Irriga tion Contractors. Senate Sponsor: Senator Kidd of the 25th. The Senate Committee on Governmental Operations offered the following substitute to HB 559: A BILL To be entitled an Act to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to provide for the licensing of irrigation con tractors and for requirements and qualifications relative thereto; to provide for definitions; to provide for the suspension or revocation of licenses; to provide requirements relative to local governments; to provide for other matters relative to the foregoing; to provide an effec tive date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-voltage contractors, and utility contractors, is amended by adding a new Code Section 43-14-8.4 to read as follows: "43-14-8.4. (a) For the purposes of this Code section, the term: (1) 'Irrigation contracting" means the design, construction, repair, maintenance, im provement, and alteration of all or any portion of an irrigation system. (2) 'Irrigation contractor' means any person, partnership, company, corporation, associ ation, or organization of and type, or a combination of any of these, who undertakes for a fixed sum, fee, price, percentage, or compensation an irrigation contract. (3) 'Irrigation system' means any assemblage of components, materials, or special TUESDAY, MARCH 3, 1992 1445 equipment which is designed, constructed, and installed for controlled dispersion of water from any safe and suitable source including properly treated waste-water for the express purpose of irrigation of vegetation to include integral pumping systems and integral control systems with the exception of the backflow prevention device, for manual, semiautomatic, or automatic control of the operation of said systems. (b) After January 1, 1993, no person shall engage in irrigation contracting unless such person has a valid license as an irrigation contractor from the board. (c) The board shall: (1) Review the qualifications of applicants for license; (2) Approve examinations; (3) Issue and renew licenses as provided in this Code section; (4) Suspend, revoke, or fail to renew the licenses issued under this Code section; (5) Maintain a record of every license holder, the holder's place of business and place of residence, and the date and number of the license; and (6) Promulgate rules and regulations necessary for the performance of its duties and the implementation of this Code section. (d) To be eligible for a license as an irrigation contractor, an applicant shall submit to the board satisfactory evidence that the applicant: (1) Is of good moral character; (2) Is 18 years of age or older; (3) Has successfully completed an examination administered by the board to determine the applicant's competence to be licensed; and (4) That the applicant has had a minimum of two years of experience in the field of irrigation contracting. (e) The board shall approve a comprehensive and realistic examination for the purpose of determining the knowledge, ability, and fitness of applicants to perform as irrigation con tractors. The board shall give adequate written notice of the examinations to the applicants. (f) A fee fixed by regulation of the board shall accompany each application for license. Licenses shall expire biennially and may be renewed upon submission of a renewal applica tion provided by the board and payment of a renewal fee fixed by regulation of the board. If the renewal fee is not paid by that date, the license shall automatically expire; but may be renewed within two years of its expiration date on payment to the board of a sum deter mined by it for each year or part thereof during which the license was expired. After a twoyear period, a license may be renewed only by complying with the requirements of this Code section regarding initial licensing. (g) An applicant who fails the first examination may take a second examination not less than six months nor more than two years from the date of the initial examination. (h) The board may suspend, revoke, or refuse to renew the license of any irrigation contractor the board finds guilty of: (1) Violations of this Code section or rules adopted under this Code section; (2) Fraud or deceit in obtaining a license; or (3) Gross negligence, incompetency, or misconduct while acting as a licensed irrigation contractor. (i) Every municipality, county, or other political subdivision which requires the issuance of a permit prior to the performance of any type of work requiring a license under the provisions of this Code section shall also require that the applicant file a signed statement in a form prescribed by the board certifying that he holds a valid and current license under 1446 JOURNAL OF THE SENATE this Code section, or if the applicant claims exemption under the provisions of this Code section, a statement of the basis for such exemption. (j) The issuance of an irrigation contractor's license by the board shall authorize any license holder to perform irrigation contracting in any municipality, county, or other politi cal subdivision of this state and no further examinations or special licenses may be required of the license holder, except business licenses, permit fees, and such other standard licenses and fees as may be required of any person to do business within their respective jurisdictions. (k) The following persons or activities shall be exempt from the provisions of this Code section: (1) Any officer, employee, or duly authorized representative of the United States, the State of Georgia, or any political subdivision thereof, if the work is performed on the prop erty of said political entity; (2) Vendors of components, materials, or equipment who perform only such functions as delivery, rendering of advice, or assistance in the installation or normal warranty service or exchange of defective or damaged goods; (3) A registered professional engineer or architect or landscape architect if such per son's acts are incidental to the pursuit of such profession; (4) Irrigation work done by a person on the premises of property which such person owns and occupies as a home; (5) Irrigation work done by a maintenance person to and on premises owned by the business in which such person is regularly employed or engaged and who does not engage in the occupation of an irrigation contractor; and (6) Irrigation work done by a farmer, agriculturist, agronomist, horticulturist, forester, gardener, contract gardener, garden or lawn caretaker, nurseryman, or grader or cultivator of land on land owned, rented, or leased or possessed pursuant to a sharecrop agreement by the person doing the irrigation work." Section 2. The provisions of this Act shall become effective upon the necessary funding to carry out its purposes being specifically appropriated by the General Assembly. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin BishP Gillis Hammill Harris Marable Moye Ramsey BCoroleumn aonf ^m Dean Foster Garner ,,Henson Hill Huggins Kidd Rnob, i.nson Scott Tate Taylor Those voting in the negative were Senators: TUESDAY, MARCH 3, 1992 1447 Albert Brown of 26th Burton Clay Collins Dawkins Deal Echols Edge Egan English Johnson Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Starr Steinberg Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Hooks Langford Shumake Walker of 43rd On the passage of the bill, the yeas were 25, nays 27. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Kidd of the 25th moved that, at the proper time, he would move that the Sen ate reconsider its action in defeating HB 559. HB 311. By Representative Childers of the 155th: A bill to amend Code Section 47-3-122 of the Official Code of Georgia Annotated, relating to disability retirement under the Teachers Retirement System of Geor gia, so as to provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application. Senate Sponsor: Senator Marable of the 52nd. 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 State Representative FROM: G.W. Hogan, State Auditor DATE: July 12, 1991 SUBJECT: House Bill 311 (Substitute) (LC 21 1241S) Teachers Retirement System This bill relates to disability retirement under the Teachers Retirement System and provides that the board of trustees may establish the date of actual disability as the effective date of disability retirement. The bill also authorizes the board to calculate the annual pension as if the member had retired on such effective date of disability retirement increased by any increases in benefits which the member would have received had retire ment been on that date. No disability benefits can be paid retroactive prior to the first of the month in which the application is received. 1448 JOURNAL OF THE SENATE This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /a/ G.W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G.W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 311 (LC 21 1241S) Teachers Retirement System This bill relates to disability retirement under the Teachers Retirement System and provides that the board of trustees may establish the date of actual disability as the effec tive date of disability retirement. The bill also authorizes the board to calculate the annual pension as if the member had retired on such effective date of disability retirement in creased by any increases in benefits which the member would have received had retirement been on that date. No disability benefits can be paid retroactive prior to the first of the month in which the application is received. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 18,000* (2) The amount of annual normal cost which will result from the bill. $ 0* (3) The employer contribution rate currently in effect. 11.66% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 11.66%* (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 18,000* The number of employees affected by this bill is unknown. The cost estimate is per member affected. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G.W. Hogan State Auditor TUESDAY, MARCH 3, 1992 1449 September 26, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 311 (LC 21 1241S) As requested, we have made an actuarial investigation of the impact of House Bill 311 (LC 21 1241S) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide that the board of trustees may establish the date of actual disability as the effective date of disability retirement, notwithstanding the fact that an application for disability was not filed, if the disability itself was the cause of failure to file the application. Payments would not be made retroactively, but cost-of-living increases from the date of disability to the date the application is approved would be paid prospectively. For a member who was disabled five years ago and is granted a basic disability benefit of $800.00 per month, past 3% benefit increases would amount to $127.00 per month. The lump sum value of these prospective increases would be about $18,000. This amount would be the additional annual employer cost if one such member is affected each year. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Annual Contribution Before Amendment $ 3,053,231 Annual % Amount After Amendment $ 3,053,249 Annual % Amount Normal 6.06% $ 242,400 6.06% $ 242,400 Accrued Liability 5.60 224,000 5.60 224,018 Total 11.66% $ 466,400 11.66% $ 466,418 Increase $ 18 Annual % Amount 0% $ 00 0 18 0% $ 18 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $4,000,000,000. Sincerely yours, cc: Mr. Gerald Gilbert /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1450 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay CDoalwliknisns Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins JKoihdndson Marable Moye Perdue Perry Phillips Pollard Ramsey Ray Robinson Scott Starr Steinberg rpate T, ,Ti*hoylmorpson rimmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Coleman Deal English Langford Newbill Ragan of 10th Ragan of 32nd Shumake On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1520. By Representatives Baker of the 51st, Pinkston of the 100th, Oliver of the 53rd and Hammond of the 20th: A bill to amend Code Section 53-6-24 of the Official Code of Georgia Annotated, relating to rules for granting letters of administration generally and with the will annexed, so as to provide that a trustee of any trust having an interest in the appointment of the administrator with will annexed, as well as a trustee of a trust created by the will, shall be authorized to express a choice on behalf of the beneficiaries of the trust. 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 of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th TUESDAY, MARCH 3, 1992 1451 Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Echols English Shumake Taylor On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1389. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Part 2 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Shore Assistance Act of 1979," so as to define certain terms; to provide an area of operation; to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings. Senate Sponsors: Senators Robinson of the 16th and Hammill of the 3rd. The Senate Committee on Natural Resources offered the following substitute to HB 1389: A BILL To be entitled an Act to amend Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," so as to provide a statement of legislative findings; to define certain terms; to make certain provi sions relative to the membership of the Coastal Marshlands Protection Committee; to pro vide certain powers of the Department of Natural Resources; to make provisions relating to applications for permits for certain construction; to authorize the Department of Natural Resources to grant exceptions to statutory restrictions on the lease of state owned marsh lands and water bottoms; to provide restrictions on the grant of permits for certain con struction affecting marshlands and shorelines; to provide for certain orders; to provide for certain emergency orders; to provide exceptions to the applicability of such part; to provide for liability for violations of such part; to amend Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 6 of Title 40 to the operation of vehicles on highways and certain exceptions, so as to amend a certain reference contained therein; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 4 of Article 4 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, the "Coastal Marshlands Protection Act of 1970," is amended by striking in its entirety Part 4, relating to coastal marshlands, and inserting in lieu thereof the following: "Part 4 12-5-280. This part shall be known and may be cited as the 'Coastal Marshlands Protec tion Act of 1970.' 12-5-281. The General Assembly finds and declares that the coastal marshlands of Georgia comprise a vital natural resource system. It is recognized that the estuarine area of Georgia is the habitat of many species of marine life and wildlife and, without the food 1452 JOURNAL OF THE SENATE supplied by the marshlands, such marine life and wildlife cannot survive. The General As sembly further finds that intensive marine research has revealed that the estuarine marsh lands of coastal Georgia are among the richest providers of nutrients in the world. Such marshlands provide a nursery for commercially and recreationally important species of shellfish and other wildlife, provide a great buffer against flooding and erosion, and help control and disseminate pollutants. Also, it is found that the coastal marshlands provide a natural recreation resource which has become vitally linked to the economy of Georgia's coastal zone and to that of the entire state. The General Assembly further finds that this coastal marshlands resource system is costly, if not impossible, to reconstruct or rehabilitate once adversely affected by man related activities and is important to conserve for the pre sent and future use and enjoyment of all citizens and visitors to this state. The General Assembly further finds that the coastal marshlands are a vital area of the state and are essential to maintain the health, safety, and welfare of all the citizens of the state. There fore, the General Assembly declares that the management of the coastal marshlands has more than local significance, is of equal importance to all citizens of the state, is of state wide concern, and consequently is properly a matter for regulation under the police power of the state. The General Assembly further finds and declares that activities and structures in the coastal marshlands must be regulated to ensure that the values and functions of the coastal marshlands are not impaired and to fulfill the responsibilities of each generation as public trustees of the coastal marshlands for succeeding generations. 12-6-281. 12-5-282. As used in this part, the term: (1) 'Applicant' means any person who files an application under this part. (2) 'Board' means the Board of Natural Resources. {2} (3) 'Coastal marshlands' or 'marshlands' means any marshland intertidal area, mud flat, tidaTwater bottom, or salt marsh in the State of Georgia within the estuarine area of the state, whether or not the tidewaters reach the littoral areas through natural or artificial watercourses. 'Marshlands' 'Vegetated marshlands' shall include those areas upon which grow one, but not necessarily all, of the following: salt marsh grass (Spartina alterniflora), black grass (Juneua gcrardi), and high tide buah (Iva ftutcaccna varcfaria) black needlerush (Juncus roemerianus), saltmeadow cordgrass (Spartina patens), big cordgrass (Spartina cynosuroides), saltgrass (Distichlis spicata), coast dropseed (Sporobolus virginicus), bigelow glasswort (Salicornia bigelovii), woody glasswort (Salicornia virginica), saltwort (Batis maritima), sea lavender (Limonium nashii), sea oxeye (Borrichia frutescens), silverling (Baccharis halimifolia), false willow (Baccharis angustifolia), and high-tide bush (Iva frutes cens). The occurrence and extent of salt marsh peat at the undisturbed surface shall be deemed to be conclusive evidence of the extent of a salt marsh or a part thereof. (4) 'Commissioner' means the commissioner of natural resources. (3) (5) 'Committee' means the Coastal Marshlands Protection Committee created by this partT" {4} (6) 'Eligible person' means any person who is the owner of high land adjoining the state owned marshland or water bottoms, or combination thereof, sought to be leased by said person such that at least 100 percent of the landward boundary of the state owned marshland or water bottom, or combination thereof, sought to be leased is bordered by said adjoining high land. {6} (7) 'Estuarine area' means all tidally influenced waters, marshes, and marshlands lying witnTn a tide-elevation range from 5.6 feet above mean tide level and below. (8) 'Live-aboard' means a floating vessel or other water craft which is moored to a dock, tree, or piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode. Live-aboards include but are not limited to monohulls, multihulls, house boats, floating homes, and other floating structures which are used for human or animal habitation! (9) 'Minor alteration' means any change in the marshlands which, taken singularly or in TUESDAY, MARCH 3, 1992 1453 combination with other changes, involve less than 0.10 acres. Minor alteration also includes renewal of permits previously issued by the committee! {6} (10) 'Person' means any individual, partnership, corporation, municipal corporation, county, association, or public or private authority, and shall include the State of Georgia, its political subdivisions, and all its departments, boards, bureaus, commissions, or other agen cies, unless specifically exempted by this part. W (11) 'Political subdivision' means the governing authority of a county or a munici pality in which the marshlands to be affected or any part thereof are located. (12) 'Private dock' means a structure built onto or over the marsh and submerged lands which is used for recreational fishing and other recreational activities, is not available to the public, does not have enclosures, and does not create a navigation hazard; provided, how ever, that a private dock may be covered and screened with wainscotting not higher than three feet and may be equipped with a hoist. 12-6-282. 12-5-283. (a) There is created the Coastal Marshlands Protection Committee to be composed of three members. The commissioner of natural resources and two persons selected by the Board of Natural Rcaourcca board shall be the members of this committee. One member of the committee Both persons selected by the Board of Natural Rcaourccg board shall be a resident residents of Camden, Glynn, Mclntosh, Liberty, Bryan, or Chatham County. The committee shall issue all orders and shall grant, deny, revoke, and amend all permits and leases provided for by this part. The members of the committee shall be entitled to reimbursement of actual expenses and mileage together with a per diem as set by the board to be paid out of funds appropriated for use by the department. (b) Any person who is aggrieved or adversely affected by any order or action of the committee shall, upon petition within 30 days after the issuance of such order or the taking of such action, have a right to a hearing before an administrative law judge appointed by the Board of Natural Rcaourcca board. The hearing before the administrative law judge shall be conducted in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' and the rules and regulations adopted by the board pursuant thereto. The decision of the administrative law judge shall constitute the final decision of the board and any party to the hearing, including the committee, shall have the right of judicial review thereof in accor dance with Chapter 13 of Title 50. (c) Persons are 'aggrieved or adversely affected' where the challenged action has caused or will cause them injury in fact and where the injury is to an interest within the zone of interests to be protected or regulated by this part. In the event the committee asserts in response to the petition before the administrative law judge that the petitioner is not ag grieved or adversely affected, the administrative law judge shall take evidence and hear ar guments on this issue and thereafter make a ruling on this issue before continuing with the hearing. The burden of going forward with evidence on this issue shall rest with the petitioner. (d) Any permit for minor alteration of the marshlands may be issued by the commis sioner based on the recommendations of staff, past committee actions, and the results of public comments. The commissioner may refer the application to the committee to decide on permits for minor alterations that, in his judgment, should receive broader consideration. A committee member may choose to have the full committee decide on permit applications for minor alterations that the member feels should receive broader consideration. 12-6-283. 12-5-284. (a) The Department of Natural Rcaourcca department shall have the following powcra and duties authority: (1) To administer and enforce this part and all rules, regulations, and orders promul gated hercundcr under this part and to determine jurisdiction under this part; (2) To accept moneys that are available from persons, government units, and private organizations; (3) To conduct public hearings and institute and prosecute court actions as may be 1454 JOURNAL OF THE SENATE necessary to enforce compliance with this part and any rules and regulations promulgated hereunder, provided that all such actions shall be in the name of the department; and (4) To exercise all incidental powers necessary to carry out the purposes of this part. (b) The foregoing powers and duties may be exercised and performed by the depart ment through such duly authorized agents and employees as it deems necessary and proper. 12-6-284. 12-5-285. The Board of Natural Resources board shall have power to promul gate such rules and regulations as may be necessary to effectuate this part, provided that auch rules and rcgulationa ohall not be of any force and effect unless two public hearings are held after notice thereof has been publicized in the legal organs of the counties of Chatham, Camdcn, Glynn, Mclntosh, Liberty, and Bryan once a week for two conaccutivc wccka im mediately prior to such hearings for the implementation and enforcement of this part. 12-6-286. 12-5-286. (a) No person shall remove, fill, dredge, drain, or otherwise alter any marshlands or construct or locate any structure on or over marshlands in this state within the estuarine area thereof without first obtaining a permit from the committeer or, in the case of minor alteration of marshlands, the commissioner. A permit may authorize~the con struction or maintenance of the project proposed in an application. After construction pur suant to a permit, a project may be maintained without a permit so long as it does not further alter the natural topography or vegetation at the project site. (b) Each application for such permit shall be properly executed and filed with the de partment on forms prescribed by the department and shall include: (1) The name and address of the applicant; (2) A plan or drawing showing the applicant's proposal and the manner or method by which such proposal shall be accomplished. Such plan shall identify the coastal marshlands affected; (3) A plat of the area in which the proposed work will take place; (4) A copy of the deed or other instrument under which the applicant claims title to the property or, if the applicant is not the owner, then a copy of the deed or other instrument under which the owner claims title together with written permission from the owner to carry out the project on his land. In lieu of a deed or other instrument referred to in this para graph, the committee may accept some other reasonable evidence of ownership of the prop erty in question or other lawful authority to make use of the property. The committee will not adjudicate title disputes concerning the property which is the subject of the application; provided, however, that the committee may decline to process an application when submit ted documents show conflicting deeds; (5) A list of all adjoining landowners together with such owners' addresses, provided that if the names or addresses of adjoining landowners cannot be determined, the applicant shall file in lieu thereof a sworn affidavit that a diligent search, including, without limita tion, a search of the records of the county tax assessor's office has been made but that the applicant was not able to ascertain the names or addresses, as the case may be, of adjoining landowners; (6) A certificate letter from the local governing authority or authorities of the political subdivision or subdivisions in which the property is located, stating that the applicant's proposal is not violative of any zoning law;, ordinance, or other local restrictions which may be applicable thereto. If in the judgment of the committee a zoning permit is not needed prior to considering an application, it may waive this requirement and issue a conditional permit baaed upon the condition that the applicant acquire and forward a permit from the local political subdivision prior to commencement of work. No work shall commence until thia requirement is fulfilled, and (7) A certified check or money order in the amount of $26.00 for each acre of land or portion thereof to be affected, payable to the Coastal Marshlanda Protection Committee, to TUESDAY, MARCH 3, 1992 1455 defray adminiotrativc coata. No applicant shall be required to pay in cxccaa of $600.00 fot any one proposal regardless of the number of acres to be affected. (7) A nonrefundable application fee to be set by the board in an amount necessary to defray the administrative cost of issuing such permit. Renewal fees shall be equal to applica tion fees, which shall not exceed $1,000.00 for any one proposal and shall be paid to the department; (8) A description from the applicant of alternative sites and why they are not feasible and a discussion of why the permits should be granted; (9) A statement from the applicant that he has made inquiry to the appropriate author ities That the proposed project is not over a landfill or hazardous waste site and that the site is otherwise suitable for the proposed project; (10) A copy of the water quality certification issued by the department if required for the proposed project; (11) Certification by the applicant of adherence to soil and erosion control responsibilities if required for the proposed project; and (12) Such additional information as is required by the committee to properly evaluate the application. ~ (c) A copy of each application for a permit shall be delivered to each member of the committee within seven days after receipt thereof at least seven days prior to any meeting of the committee. (d) The commissioner of natural fcaourcoa, within 30 daya department, after receipt of an application, shall notify in writing all adjoining landowners that the application has been received. Such notice shall indicate the use the applicant proposes to make of the property. Should the applicant indicate that any adjoining landowner is unknown or that the address of such landowner is unknown, then the member of the committee to whom the application for permit is filed department shall, within 30 days after receipt of the a completed applica tion, cause a notice of the proposed activity and a brief description of the affected land to be published in a the legal organ of or a newspaper of general circulation in the county or counties in which such land lies. Cost of such publication shall be paid by the applicant. Should the property to be affected by the applicant be bordered on any side or on more than one side by other property of the applicant, the applicant shall supply the names and addresses of the nearest landowners whose land borders on his land. If the names or ad dresses, or both, of the nearest landowners cannot be ascertained, the applicant shall supply a sworn statement of diligent search as provided in this Code section. The landowners named by the applicant shall be notified either directly or by advertisement as provided in this Code section. Any member may The department may also make inquiry to adjoining landowners to ascertain whether or not there is objection to issuance of a permit. (e) The committee shall provide notice of applications by either public notice distrib uted jointly with the United States Army Corps of Engineers or public notice distributed by the committee. In no instance shall a public notice be issued for less than seven days prior to the meeting at which the committee reviews the subject of the public notice. Public no tices shall be distributed to all persons who have requested to be placed on the mailing list. Such request shall be made in writing and shall be renewed in December of each year. Fail ure to renew the request shall result in the removal of such name from the mailing list. (f) Whenever there appears to be sufficient public interest, the committee may call a public hearing. {e} (g) In passing upon the application for permit, the committee shall consider the public interest, which, for purposes of this part, shall be deemed to be the following considerations: (1) Whether or not tmy unreasonably harmful obstruction to or alteration of the natural flow of navigational water within the affected area will arise as a result of the proposal; 1456 JOURNAL OF THE SENATE (2) Whether or not unreasonably harmful or increased erosion, shoaling of channels, or stagnant areas of water will be created to such extent as to be contrary to the public interest; and (3) Whether or not the granting of a permit and the completion of the applicant's pro posal will unreasonably interfere with the conservation of fish, shrimp, oysters, crabs, clams, or any other marine life, or any wildlife, or ny other natural resources, including but not limited to water and oxygen supply, to auch an extent 03 to be contrary to the public #) (h) It is the responsibility of the applicant to demonstrate to the committee that the proposed alteration is not contrary to the public interest and that no feasible alternative sites exist. If the committee finds that the application is not contrary to the public interest and no feasible alternative sites exist, as heretofore specified in this subsection, it shall issue to the applicant a permit. Such permit may be conditioned upon the applicant's amending the proposal to take whatever measures are necessary to protect the public interest. The committee shall act upon an application for permit within 00 days after the application ia tiled. (i) The committee shall act upon an application for a permit within 90 days after the application is complete; provided, however, that this provision may be waived upon the written request of the applicant. An application must be complete sufficiently in advance of the committee meeting at which the project will be considered to allow for public notice and evaluation by the department. An application is complete when it contains substantially all of the written information, documents, forms, fees, and materials required by this part {g} (j) In the event a majority of the members of the committee determine that a permit should be denied, the application for permit shall be denied. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in Code Section 426-383 12-5-283. {h> (k) In the event any member of the committee determines that a conditional permit should blTiasued, the member of the committee making such determination shall notify the other members of the committee in writing of the conditions and the reasons therefor, and the committee shall have an additional 16 days to act with regard to the application. Should a majority of the members of the committee agree that saefe a permit should be conditional, the permit shall be issued on such conditions as a majority 67 the committee directs. If lean than a majority agrees that such permit should be conditional, the permit shall be issued without auch conditions. Any applicant who is aggrieved or adversely affected thereby shall have the right to appeal as provided in Code Section 12-6-282 12-5-283. {t} (1) Ne Every permit shall be issued unlcaa require that the proposed change of use of the area ahalt project be completed within two five years immediately following after the date of the issuance of seeh the permit and such permit shall expire five years after the date of issuance. Such time may be extended for good cause an additional five years upon show ing that all due efforts and diligence toward the completion of the work have been made. Any permit may be revoked by the committee for noncompliance with or for violation of its terms after written notice of intention to do so has been furnished to the holder thereof. (m) A permit to alter marshlands that has been granted by the committee becomes final immediately upon issuance, but no construction or alteration may commence until the expi ration of 30 days following the date of the committee meeting at which the application is approved; provided, however, that if a timely appeal is filed, no construction or alteration may commence until all administrative and judicial proceedings are terminated^ (n) Issuance of a permit under this part and construction of the permitted project shall not remove the designated property from the jurisdiction of this part. All changes in permit ted uses which increase impacts to any land subject to the provisions of this part must be assessed by the committee to determine if the proposed change is consistent with this part and the permit. Each permitted alteration of marshlands shall be reviewed by the depart ment on a five-year basis, or when noncompliance with the purpose for which the permit TUESDAY, MARCH 3, 1992 1457 was issued is evident, to determine if the use of the marshland is consistent with the intent of this part. If the permit holder is found not to be in compliance with this part, the com mittee shall take action as authorized under Code Section 12-5-291. (o) All plans, documents, and materials contained in any application for any permit required by this part shall be made a part of the permit, if granted, and conformance to such plans, documents, and materials shall be a condition of the permit. No change or deviation from any such plans, documents, or materials shall be permitted without the prior notification and approval of the committee. (p) The permittee shall notify the department of completion of a project within 30 days of completion. (q) If, prior to completion of review of an application under this part, the committee receives notice of the denial of a permit or authorization necessary for the project, review of the project shall be suspended and, if the denial becomes final, the application shall stand denied. (r) If an area has both marshlands as defined in Code Section 12-5-282 and dynamic dune~fields as defined in Code Section 12-5-232, it shall be subject to the jurisdiction of both such parts. In the event of a conflict between this part and Part 2 of this article, the com missioner shall determine which part shall apply so as to best protect the public interest. 12 6 286.1. 12-5-287. (a) The committee, acting for and on behalf of and in the name of the state, is further authorized and empowered to grant and convey to any eligible person a lease of state owned marshland or water bottoms, or a combination thereof, upon such terms and conditions as the committee deems advisable for the purpose of constructing, operating, and maintaining thereupon a marina or marinas providing slips rental docking space for more than 15 boats, including the installing, maintaining, repairing, removing, and replacing of buildings, structures, piers, docks, floating docks, marine railways, dolphins, pilings, ap purtenances thereto, and all facilities and improvements that shall be reasonably used for or in connection therewith, subject always to the initial and continuing compliance by the lessee with all applicable laws pertaining to the use of the leased property and subject al ways to the use and enjoyment of the public of any navigable waters upon or over the leased property. (b) Upon application by any interested person for a lease pursuant to this Code section, the committee shall determine whether or not the applicant is an eligible person. If the committee determines that the applicant is an eligible person, then the committee is author ized to grant and convey to the applicant a lease of the state owned marshland or water bottoms, or a combination thereof, described in the application without the necessity of public bid. (c) The application for the lease shall be in writing and shall contain a request for a lease of the state owned property described therein. Such application shall include a legal description of the boundaries of the area sought to be leased; a plat of survey of the acreage sought to be leased prepared by a registered land surveyor; documentation of ownership of the adjoining high land upon which the applicant bases his claim of eligibility, which docu mentation shall include copies of all relevant deeds and plats of such high land; and a list of all owners of marshland and high land adjoining the applicant's high land. The entire appli cation must be in a form acceptable to the committee. (d) Each lease granted under this Code section shall be upon such provisions, require ments, and conditions as the committee shall make and shall, except as provided in subsec tions $*} (g) and fy (h) of this Code section, provide for a primary term of not more than ten yearsHEach leaseTexcept as provided in subsections $*} (g) and {i} (h) of this Code section, shall require the payment of a periodic rental of the falF market value of the state owned marshland or water bottoms leased thereby and may provide for two renewal terms, each of which shall not be for a term of more than equal duration to the primary term for a rental based upon periodic reappraisals by a certified appraiser of the fair market value at the time of renewal; provided, however, that the total rental paid in any rental year shall 1458 JOURNAL OF THE SENATE never exceed 5 percent of the annual wet dockage gross rental income, which shall include transient, short-term, and long-term rentals and amortized condominium sales, if applicable, as determined and adjusted at the end of each rental year. (e) Each lease granted under this Code section shall protect the interest of owners of marshland and high land adjoining the high land of the lessee upon which the lessee's eligi bility for lease was based to a right of access to the state owned marshland or water bottoms adjoining the state owned marshland or water bottoms leased to the applicant; provided, however, said owners of adjoining high land may assign their rights in writing in favor of the applicant and such written assignment may be used to determine the percentage of land ward boundary required for eligibility to lease the state owned marshland and water bot toms described in the application. (f) Each lease granted under this Code section ahull cxprcaaly prohibit the owners of boats docked at any marina constructed pursuant thereto from living aboard their vcaacls. {g} (f) If the eligible person desires the ability to transfer or convey ownership interests in the leasehold to individuals purchasing or leasing on a long-term basis the slips of the marina or marinas, each lease granted under this Code section shall require the formation of a condominium pursuant to Code Section 44-3-72. {fe} (g) Upon application of any eligible person who either is the owner of a marina in existence~on March 1, 1989, or holds a permit subsequently granted by the committee under this part on an application for a permit filed with the committee prior to March 1, 1989, the committee shall grant to that eligible person a lease of the state owned marshland or water bottoms upon which such marina is actually located for a term of 20 years beginning March 1, 1989, with a nominal rental of $1.00 per year; provided, however, that any extensions of the dock space or expansion of the area of state owned marshland or water bottoms actually used in conjunction with the marina shall be subject to the provisions of subsection (d) of this Code section. {i} (h) Upon application of any eligible person who is either a nonprofit corporation, a nonprofit organization, or a public entity, the committee may grant a lease of state owned marshland or water bottoms for the construction and operation of a marina as a community or public dock. Each lease granted under this subsection shall be for a term of ten years from the date of its execution with a nominal rental of $1.00 for the entire term. {j} (i) The committee department shall make an annual report of its activities each calendar year to the General Assembly. The report shall include a summary of all applica tions received and leases granted, including length of terms, rentals, and locations. Copies of the annual report shall be provided to the director of the State Properties Commission, the chairman of the House Natural Resources and Environment Committee, the chairman of the House Committee on State Institutions and Property, the chairman of the Senate Natu ral Resources Committee, and the chairman of the Senate Committee on Governmental Operations. {fc} (j) The committee may place such terms, limitations, restrictions, and conditions in such leases as are deemed necessary to ensure that the utilization of the property is in the public interest. {!} (k) All leases granted by the committee shall have the prior approval of the State Properties Commission, including, if applicable, the fair market value of the state owned marshland or water bottoms to be leased and the rental to be charged. 12-5-288. (a) If the project is not water related or dependent on waterfront access or can be satisfied by the use of an alternative nonmarshland site or by use of existing public facili ties, a permit usually should not be granted pursuant to Code Section 12-5-286. (b) Only those marine oriented activities and structures which must have a shoreline or marsHIands location in order to function will be permitted. The amount of marshlands to be altered must be minimum in size. The following activities and structures are normally con sidered to be contrary to the public interest when located in coastal marshlands but the TUESDAY, MARCH 3, 1992 1459 final decision as to whether any activity or structure is considered to be in the public inter est shall be in the sound discretion of the committee: (1) Filling of marshlands for residential, commercial, and industrial uses; (2) Filling of marshlands for private parking lots and private roadways; (3) Construction of dump sites and depositing of any waste materials or dredge spoil; (4) Dredging of canals or ditches for the purpose of draining coastal marshlands; (5) Mining; (6) Construction of lagoons or impoundments for waste treatment, cooling, agriculture, or aquaculture which would occupy or damage coastal marshlands or life forms therein; (7) Construction of structures which constitute an obstruction of view to adjoining ripa rian landowners, including signs and enclosures; and (8) Occupying a live-aboard for more than 30 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 30 days to persons making a request in writing stating the reasons for such extension. Owners of docks where live-aboards are moored as well as owners and occupants of live-aboards are responsible under this part. 12-6-286. 12-5-289. The department, through its officers, staff, and conservation rangers, shall, in addition to its other duties prescribed by law, make reasonable inspections of the marshlands to ascertain whether the requirements of this part and the rules, regulations, and permits promulgated or issued hcrcundcr under this part are being faithfully complied with. 12-6-287. 12-5-290. The superior court of the county in which land or any part thereof lies or in which jurisdiction is appropriate shall have jurisdiction to restrain a violation of this part at the action of any person. 12-6-288. 12-5-291. (a) In order to enforce this part or any orders issued under this part or any rules and regulations promulgated under this part, any one or any combination of any or all of the following methods may be employed: (1) Whenever any person not covered exempted from this part by Code Section 12 6 393 12-5-295 is altering the marshlands without a permit, altering the marshlands in viola tion WtHeTerms and conditions of a permit, or violating this part in any other manner, the committee may, prior to any hearing, issue a cease and desist order or other appropriate order to such person; provided, however, that the issuance of such order shall not affect the availability of relief under paragraph (4) of this subsection. Any such order becomes final unless the person named therein requests in writing a hearing before a hearing officer ap pointed by the board no later than ten days after the issuance of such order. Review of such order shall be available as provided in subsection (b) of Code Section 12-5-255; (2) Whenever, after a hearing is held in accordance with Code Section 12-6-282 12-5-283 and Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' at the request of the committee, for the imposition of civil penalties, the hearing -ofSreer administrative law judge determines that any person has failed, neglected, or refused to comply with any provi sion of this part or any order of the committee or administrative law judge, the committee administrative law judge may issue an order imposing a civil penalty not to exceed $1,000.00 $10,000.00 for such violation and an additional civil penalty not to exceed $600.00 $10,000.130 for each day during which such violation continues. All penalties and interest recovered as provided in this Code section, together with the cost thereof, shall be paid into the state treasury to the credit of the general fund; (3) The committee may file in the appropriate superior court in the county in which the person under order resides or in the county in which the violation occurred or, if the person is a corporation, in the county in which the corporation maintains its principal place of 1460 JOURNAL OF THE SENATE business a certified copy of an unappcaled the final order of the committee or administrative law judge, unappealed from, or of a final order of the administrative law judge affirmed upon appeal; whereupon the court shall render judgment in accordance therewith and notify the parties. Such judgment shall have the same effect, and all proceedings in relation thereof shall thereafter be the same, as though such judgment has been rendered in an action duly heard and determined by the court; (4) Whenever the committee, either before or after a hearing, determines that any per son is or has been violating any of the provisions of this part or any orders issued under this part or any rules and regulations promulgated under this part, the committee may file a petition for injunction in the proper superior court of this state against such person for the purpose of enjoining such actions or, if appropriate, may make application for a writ of mandamus in the proper superior court of this state against such person for the purpose of compelling the proper performance of his official duty. It shall not be necessary for the committee to allege or prove that it has no adequate remedy at lawt; and (5) The superior court, upon finding that any person is or has been violating any of the provisions of this part or any orders issued under this part or any rules and regulations promulgated under this part, may order the person to restore, as nearly as possible, all marshland to the condition existing prior to the alteration of the marshland. (b) Owners of property with knowledge of unauthorized activities occurring thereon are responsible under this part. 12-6-280. 12-5-292. A certified copy of every permit issued to an applicant shall be prominently displayed within the area of proposed activity. If the committee deems it advis able, the applicant may be required to cause a sign to be erected bearing the permit num ber, date of issuance, name of applicant, and such other information as the committee may reasonably require. The committee may specify the type of sign to be erected and may des ignate, within reasonable dimensions, the size of the sign. 12 6 200. 12-5-293. If a permit holder sells, leases, rents, or otherwise conveys the land or any portion thereof for which the permit was issued, and if the permittee has notified the department within 30 days of such transfer or conveyance, such permit shall be continued in force in favor of the new owner, lessee, tenant, or other assignee so long as there is no change in the use of the land as set forth in the original application. 12-6-201. 12-5-294. In the event of an emergency, whether created by act of God or by actions of domestic or foreign enemies, or in circumstances where grave peril to human life or welfare exists, this port shall be suspended for as long aa the emergency exists. The bur den of proof shall be upon the person or persona relying upon this Code section to establish that aueh an emergency did indeed csiat. the committee shall issue an order reciting the existence of such an emergency and requiring or allowing that such action be taken as it deems necessary to meet the emergency. Notwithstanding any other provisions of this part to the contrary, such order shall be effective immediately. If an order requiring a person to take action is issued pursuant to this Code section, such person shall be entitled to a hearing within ten days of the date of issuance of the order. 12-6-202. 12-5-295. This part shall not apply to the following: (1) Activities of the Department of Transportation incident to constructing, repairing, and maintaining a public road system in Georgia; (2) Activities of the Department of Transportation and political subdivisions in main taining existing drainage systems and ditches as long as such activities do not impact addi tional marshlands!; {2} (3) Agencies of the Unites States charged by law with the responsibility of keeping the rivers and harbors of this state open for navigation, and agencies of this state charged by existing law with the responsibility of keeping the rivers and harbors of this state open for navigation including areas for utilization for spoilage designated by such agencies; TUESDAY, MARCH 3, 1992 1461 43) (4) Activities of public utility companies regulated by the Public Service Commis sion inciHent to constructing, erecting, repairing, and maintaining utility lines for the trans mission of gas, electricity, or telephone messages; 44) (5) Activities of companies in regulated by the Public Service Commission incident to constructing, erecting, repairing, and maintaining railroad lines and bridges; 46) (6) Activities of political subdivisions incident to constructing, repairing, and main taining pipelines that have been approved by the department or appropriate authority for the transport of drinking water and sewage; or 46) (7) The building of private docks on pilings, the walkways of which are above the marsh grass not obstructing tidal flow, by the owners of detached single-family residences located on high land adjoining such docks. 12-6-203. 12-5-296. Any person violating any of the provisions of this part shall be guilty of a misdemeanor. 12-5-297. Any person who causes or permits any removal, filling, dredging, or draining or otEer alteration of marshlands in this state within the estuarine area thereof without first obtaining a permit from the committee shall be liable in damages to the state and any political subdivision thereof for any and all actual or projected costs, expenses, and injuries occasioned by such alteration of the marshlands. The amount of damages assessed pursuant to this Code section shall include, but shall not be limited to, any actual or projected costs and expenses incurred by the state or any political subdivision thereof in restoring as nearly as possible the natural movement of the waters in the marshlands and replacing the vegeta tion and aquatic life destroyed by any alteration of marshlands. Damages to the state shall be recoverable in a civil action instituted by the department and shall be paid to the depart ment to cover the cost of restoration. Damages to a political subdivision shall be recoverable in a civil action instituted by said subdivision." Section 2. Code Section 40-6-3 of the Official Code of Georgia Annotated, relating to the applicability of Chapter 6 of Title 40 to the operation of vehicles on highways and certain exceptions, is amended by striking in its entirety paragraph (5) of subsection (a) and in serting in lieu thereof the following: "(5) (A) The provisions of this chapter shall apply to a vehicle operated on any private property of this state which fronts on coastal marshlands or estuarine area as defined in Code Section 12-6-281 12-5-282, provided the owner of the private property files with the local law enforcement agency having primary jurisdiction to enforce the uniform rules of the road in such area: (i) A petition requesting such local law enforcement agency to enforce the uniform rules of the road on such private property; and (ii) Simultaneously files a plat with the petition delineating the location of the roads, streets, and common areas on such private property. (B) The local law enforcement agency having primary jurisdiction to enforce the uni form rules of the road in such area shall enforce the uniform rules of the road on said private property at no cost to the owner of the private property or enter into a contractual agreement with the owner of the private property whereby the owner of the private property consents to pay part or all of the law enforcement expenses to such law enforcement agency. (C) All persons operating vehicles on said roads, streets, and common areas shall be subject to all state and local traffic laws and regulations the same as if said private roads and streets were public roads and streets. (D) Any state or local law enforcement agency empowered to enforce the uniform rules of the road in such area shall have concurrent jurisdiction with the primary local law en forcement agency to enforce the rules of the road on said private property. (E) At least 30 days' prior notice shall be given to users of said private roads, streets, and common areas by publication in the newspapers of general circulation in the area and 1462 JOURNAL OF THE SENATE by posting signs along the private roads and streets specifying that state and local law en forcement agencies will be enforcing the uniform rules of the road on said private roads, streets, and common areas; and". Section 3. All laws and parts of laws in conflict with this Act are repealed. Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th offered the following amendment: Amend the substitute to HB 1389 offered by the Senate Committee on Natural Re sources by deleting in Section 1 beginning on line 8 of page 20 the following sentence "Only those marine oriented activities and structures which must have a shoreline or marshlands location in order to function will be permitted." On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 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 Bowen Broun of the 46th Brown of the 26th Coeman Collins Dawkins J3eal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson ffiu Hooks ""M1"8 Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey R Robingon Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Garner Scott Shumake Taylor On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 3, 1992 1463 HB 184. By Representatives Buck of the 95th and Walker of the 115th: A bill to amend Chapter 13 of Title 47 of the Official Code of Georgia Annotated, the "District Attorneys' Retirement Act," so as to provide that certain district attorneys who are members of the District Attorneys Retirement Fund of Geor gia created by Code Section 47-12-21 may become members of the District Attor neys' Retirement System created by Code Section 47-13-20 under certain conditions. Senate Sponsor: Senator Robinson of the 16th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Thomas B. Buck, III State Representative FROM: G. W. Hogan, State Auditor DATE: Janaury 15, 1991 SUBJECT: House Bill 184 (LC 21 0742) District Attorneys Retirement Fund This bill would provide that certain district attorneys who are members of the District Attorneys Retirement Fund may become members of the District Attorneys' Retirement System under certain conditions. District Attorneys who elect this option would be able to transfer creditable service for all prior service under the Retirement Fund. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /a/ G. W. Hogan State Auditor The following Memorandum, 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 184 (LC 21 0742) District Attorneys' Retirement System This bill would provide that certain district attorneys who are members of the District Attorneys Retirement Fund may become members of the District Attorneys' Retirement System under certain conditions. District Attorneys who elect this option would be able to transfer creditable service for all prior service under the Retirement Fund. The following is a summary of the relevant findings of the actuarial investigation for 1464 JOURNAL OF THE SENATE this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ N/A * (2) The amount of annual normal cost which will result from the bill. $ 58,991 (3) The employer contribution rate currently in effect. 5.0% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 2.42% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $___0 * The actuarial funding method used to value this plan does not generate an unfunded actuarial accrued liability. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /a/ G. W. Hogan State Auditor The Wyatt Company Suite 432 4170 Ashford Dunwoody Road, N.E. Atlanta, Georgia 30319 (404) 252-4030 October 3, 1991 Honorable G. W. Hogan State Auditor Department of Audits Room 214 254 Washington Street, S.W. Atlanta, Georgia 30334-8400 Re: House Bill 184; LC 21 0742 Dear Mr. Hogan: As requested, we have made an actuarial investigation of the impact of HB 184; LC 21 0742 on the District Attorneys' Retirement System in accordance with the requirements of Code Section 47-20-36. The bill would permit certain district attorneys who are members of the District Attor neys Retirement Fund to transfer to the District Attorneys' Retirement System. The estimated increase in the employer contribution in accordance with minimum funding standards would be $58,991 in the first year. However, as indicated in the table below, the increase in the actual contribution being made would only be $6,273 in the first year since the actual contribution rate exceeds the required minimum rate of contribution. Because the actuarial cost method used for the System (the aggregate method) does not provide for the calculation of an unfunded accrued liability, there is no explicit unfunded accrued liability increase due to the proposed legislation. In effect, all unfunded liabilities are being amortized over the average future working lifetime of the active participants as a part of the normal cost. TUESDAY, MARCH 3, 1992 1465 The following table reflects the unfunded actuarial accrued liability and recommended employer contribution before and after the proposed legislation. The recommended em ployer contribution rate is in conformity with all minimum funding standards specified by Code Section 47-20-10. Before Legislation (1) After Legislation (2) % of Payroll Amount % of Payroll Amount Increase Due to Legislation (2) % of Payroll Amount Unfunded Actuarial Accrued Liability N/A N/A N/A N/A N/A N/A Annual Contribution Normal Cost Accrued Liability .25% $ 6,395 N/A N/A 2.42% N/A $ 65,386 N/A 2.19% N/A $ 58,991 N/A Employer Contribution Rate Currently in Effect 5.00% $ 128,609 5.00% <3) Employer Contribution Rate Recommended Due to Minimum Funding Standards .25% $ 6,395 2.42% (1) Based on District Attorneys' payroll as of July 1, 1990. o.oo% <3) $ 134,882 $ 65,386 2.19% $ 6,273 $ 58,991 (2) Based on District Attorneys' payroll as of July 1, 1990 plus payroll for the two participants who would be eligible to transfer into the System under this amendment. (3) Assumes no increase since the current rate exceeds the required rate. Our calculations are based on the data and actuarial assumptions used for the July 1, 1990 actuarial valuation of the System, including the 7'/2% interest rate subsequently adopted by the Board of Trustees, and the information concerning the two district attorneys affected by the bill submitted by the Department of Administrative Services. If you have any questions, please feel free to call. Sincerely, /a/ Larry S. Sikes Actuarial Assistant Is/ Frederick C. Mabry Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of the 46th Brown of the 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Foster Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Phillips Pollard 1466 JOURNAL OF THE SENATE Ragan of 10th Ragan of 32nd oKaaymsey Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Egan. Those not voting were Senators: English Garner Henson Newbill Shumake Taylor On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed. HB 216. By Representatives Thomas of the 69th, Cummings of the 17th, Dixon of the 128th and others: A bill to amend Code Section 47-3-90 of the Official Code of Georgia Annotated, relating to granting creditable service under the Teachers Retirement System of Georgia for certain periods when members were absent because of pregnancy, so as to change the provisions relating to qualifying for such creditable service and the payment required for such creditable service. Senate Sponsor: Senator Garner of the 30th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 15, 1991 SUBJECT: House Bill 216 (LC 21 0782) Teachers Retirement System This bill changes the provisions relating to members of the Teachers Retirement Sys tem obtaining creditable service for absence from employment prior to March 5, 1976 due to pregnancy. To establish creditable service for pregnancy, the member must pay the em ployee and employer contributions for the period of service claimed based on the member's salary immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor TUESDAY, MARCH 3, 1992 1467 The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 216 (LC 21 0782) Teachers Retirement System This bill changes the provisions relating to members of the Teachers Retirement Sys tem obtaining creditable service for absence from employment prior to March 5, 1976 due to pregnancy. To establish creditable service for pregnancy, the member must pay the em ployee and employer contributions for the period of service claimed based on the member's salary immediately prior to the absence because of pregnancy, plus regular interest on such contributions compounded annually. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 27,626,000* (2) The amount of annual normal cost which will result from the bill. $ (3) The employer contribution rate currently in effect. 11.66% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 11.71%* (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 2,000,000* * The number of employees affected by this bill is unknown. Assumes 80% of female mem bers with creditable service before March 5, 1976 purchased three months of additional service. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor 1468 JOURNAL OF THE SENATE BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 September 27, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 216 (LC 21 0782) As requested, we have made an actuarial investigation of the impact of House Bill 216 (LC 21 0782) on the Teachers' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would change the provisions relating to the payment by members to obtain creditable service for certain periods of absence because of pregnancy . The cost of this proposal cannot be determined since we do not know how many employees would be af fected. However, we would expect the annual cost to be about $2,000,000 if 80% of female members with creditable service before March 5, 1976 purchased three months of additional service under this provision. The estimated increase in unfunded accrued actuarial liability would be $27,626,000. The following table shows the unfunded actuarial accrued liability and recommended employer contributions under the Employees' Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Before Amendment $ 3,053,231 After Amendment $ 3,080,857 Increase $ 27,626 Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal 6.06 $ 242,400 6.06% $ 242,400 0.00% $ 0 Accrued Liability 5.60% 224,000 5.65 226,000 0.05 $ 2,000 Total 11.66% $ 466,400 11.71% $ 468,400 0.05% $ 2,000 The preceding figures are based on the employee data, actuarial assumptions and actuarial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $4,000,000,000. Sincerely yours, cc: Mr. Gerald Gilbert /s/ D. M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: TUESDAY, MARCH 3, 1992 1469 Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of the 46th Brown of the 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Egan Ray Shumake Taylor 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 Senate was taken up for the purpose of considering the House substitute thereto: SB 536. By Senators Turner of the 8th, Bowen of the 13th, Echols of the 6th and others: A bill to amend Chapter 39A of Title 43 of the Official Code of Georgia Anno tated, the "Real Estate Appraiser Licensing and Certification Act," so as to pro vide that a person appraising real property exclusively for the internal use of a bank, savings and loan association, or credit union shall not be required to be licensed, certified, or registered; to provide an exception; to provide for applica bility; to provide an effective date. The House substitute on SB 536 was as follows: A BILL To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to substantially revise the "Real Estate Ap praiser Licensing and Certification Act"; to change the short title; to change certain terms applicable to registration, licensing, and certification of real estate appraisers; to provide for appropriate appraiser classifications in order to enable the Georgia Real Estate Appraisers Board to meet certain federal guidelines; to require such board to establish at a minimum such classifications as are necessary for appraisers to appraise in federally related transac tions; to exempt from the requirements of Chapter 39A certain governmental officials while such officials are performing their official duties; to exempt from the requirements of Chap ter 39A under certain conditions a person appraising real estate or real property exclusively for the use of a bank, a savings and loan association, or a credit union; to clarify certain provisions relating to exemptions; to change the provisions relating to qualifications for membership on the Georgia Real Estate Appraisers Board; to change the provisions relating to how real estate appraisers sign and identify themselves in appraisal reports; to change certain provisions relating to violations of Chapter 40 of this title as such provisions apply 1470 JOURNAL OF THE SENATE to appraisers; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking in its entirety Chapter 39A, known as the "Real Estate Appraiser Licensing and Certification Act," and inserting in lieu thereof a new Chap ter 39A to read as follows: "CHAPTER 39A 43-39A-1. This chapter shall be known and may be cited as the 'Real Estate Appraiser Licensing and Certification Classification and Regulation Act.' 43-39A-2. As used in this chapter, the term: (1) 'Analysis' means a study of real estate or real property other than one estimating value. (2) 'Appraisal' or 'real estate appraisal' means an analysis, opinion, or conclusion pre pared by an appraiser relating to the nature, quality, value, or utility of specified interests in, or aspects of, identified real estate. An appraisal may be classified by subject matter into either a valuation or an analysis. (3) 'Appraisal report' means any communication, written or oral, of an appraisal. For purposes of this chapter, the testimony of an appraiser dealing with the appraiser's analyses, conclusions, or opinions concerning identified real property is deemed to be an oral ap praisal report. (4) 'Appraisal Subcommittee' means the designees of the heads of the federal financial institutions regulatory agencies established by the Federal Financial Institutions Examina tion Council Act of 1978 (12 U.S.C. Section 3301, et seq.), as amended. (5) 'Appraiser* means any person who, for a valuable consideration or with the intent or expectation of receiving the same from another, engages in real estate appraisal activity on any type of real estate or real property is-a-rcgiatcrod real estate appraiser, a licensed real estate appraiacr, or a certified real catatc appraiser. (6) 'Appraiser classification' means any category of appraiser which the board creates by designating criteria for qualification for such category and by designating the scope of practice permitted for such category. {6) (7) 'Board' means the Georgia Real Estate Appraisers Board established pursuant to the provisions of this chapter. W (8) 'Certified appraisal' or 'certified appraisal report' means an appraisal or ap praisal report given, aatt signed, and certified as such by a certified real estate appraiser. A certified appraisal or appraisal report represents to the public that it meets the appraisal standards defined in this chapter. (8) 'Certified real catatc appraiocr' mcnno a person who: (A) For a valuable consideration engages in real estate appraisal activity on any type of real catatc or real property, which registered or licensed real catatc appraisers arc permitted to appraise or on auch other real estate or real property aa may be permitted by the Ap praisal Subcommittee! and (B) Holda a current, valid certification iaaucd under the proviaiona of this chapter. (9) 'Commission' means the Georgia Real Estate Commission created in Code Section 43-40-2. (10) 'Commissioner' means the real estate commissioner. (11) 'Evaluation assignment' means an engagement for which an appraiser is employed TUESDAY, MARCH 3, 1992 1471 or retained to give an analysis, opinion, or conclusion that relates to the nature, quality, or utility of identified real estate or identified real property. (12) 'Federally related transaction' means any real estate related financial transaction which (A) a federal financial institutions regulatory agency or the Resolution Trust Corpora tion engages in, contracts for, or regulates; and (B) requires the services of an appraiser. (13) 'Independent appraisal assignment' means an engagement for which an appraiser is employed or retained to act, or would be perceived by third parties or the public as acting, as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion relat ing to the nature, quality, value, or utility of identified real estate or identified real property. (11) 'Licensed real catatc appraiacr' means a person who: (A) For a valuable consideration engages in real estate uppraiaal 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 catatc or real property transactions which arc not federally related tranaac (iii) On auch real estate or real property as may be authorized by the Appraisal 8ub committee; and (B) Holds a current, valid liccnac iooucd under the proviaiona of this chapter. (16) 'Registered real catatc appraiser-' means a person who for a valuable consideration ia authorized to engage in real catatc appraisal activity only in transactions which are not federally related transaction as defined by the Appraisal Subcommittee and auch federally related transactions as the Appraiaal Subcommittee may approve and who holds a current, valid registration iaaucd under the proviaiona of thia chapter. {16} (14) 'Real estate' means an identified parcel or tract of land, including improve ments, if any. (15) 'Real estate appraisal activity' means the act or process of valuation of real estate or real property and preparing an appraisal report. {!} (16) 'Real estate related financial transaction' means any transaction involving: (A) The sale, lease, purchase, or exchange of or investment in real estate or real prop erty or the financing thereof; (B) The refinancing of real estate or real property; and (C) The use of real estate or real property as security for a loan or investment, includ ing mortgage backed securities. {19} (17) 'Real property' means one or more defined interests, benefits, and rights inher ent in the ownership of real estate. (18) 'Specialized services' means services, other than independent appraisal assign ments which are performed by an appraiser. Specialized services may include marketing, financing, and feasibility studies; valuations; analyses; and opinions and conclusions given in connection with activities such as real estate brokerage, mortgage banking, real estate coun seling, and real estate tax counseling. {31} (19) 'State' includes any state, district, territory, possession, or province of the United States or Canada. {33} (20) 'Valuation' means an estimate of the value of real estate or real property. {33} (21) 'Valuation assignment' means an engagement for which an appraiser is em ployed or retained to give an analysis, opinion, or conclusion that estimates the value of an identified parcel of real estate or identified real property at a particular point in time. 1472 JOURNAL OF THE SENATE 43-39A-3. (a) There is created the Georgia Real Estate Appraisers Board, which shall consist of five members. All members must be residents of Georgia. One member shall be a public member. The public member of the board shall not be connected in any way with the practice of real estate appraisal, real estate brokerage, or mortgage lending. Four members shall be real estate appraisers who have been actively engaged in the real estate appraisal business for at least three years. In appointing real estate appraisers to the board, while not automatically excluding other appraisers, the Governor shall give preference to real estate appraisers who do not hold an active, occupational license which authorizes their work in real estate brokerage or mortgage lending activities, who do not have a financial interest in any real estate brokerage firm or mortgage lending firm, and who are not employees of real estate brokerage firms or mortgage lending firms. (b) The Governor shall appoint the members of the board, subject to confirmation by the Senate, with consideration given to appropriate geographic representation and to areas of appraisal expertise. Any such appointments made when the Senate is not in session shall be effective until acted upon by the Senate. (c) Each real catatc appraiser member of the board appointed after January 1, 1001, must be a certified real estate appraise? or a licensed real estate appraiser. Two of the ap praiser members shall be certified real catatc appraisers, and two shall be liccnacd real es tate appraisers. {d} (c) 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 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. 4> (d) Upon expiration of their terms, members of the board shall continue to hold office uritlTthe appointment and qualification of their successors. No person shall serve as a member 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. 4ft (e) The members of the board shall annually elect a chairperson from among the members to preside at board meetings. 4g) (f) The board shall meet at least once each calendar quarter, or as often as is neces sary, ancFremain in session as long as the chairperson shall deem it necessary to give full consideration to the business before the board. A quorum of the board shall be three mem bers. Members of the board or others may be designated by the chairperson of the board, in a spirit of cooperation, to confer with similar boards of other states, attend interstate meet ings, and generally do such acts and things as may seem advisable to the board in the ad vancement of the profession and the standards of real estate appraisal activity. $*} (g) Each member of the board shall receive as compensation for each day actually spent orTHis or her official duties at scheduled meetings and for time actually required in traveling to and from its meetings, not to exceed one day's traveling time, the sum of $25.00 and his or her actual and necessary expenses incurred in the performance of official duties. & (h) The commission shall supply staff support for the board. The commissioner shall serve as executive officer of the board. The commissioner shall be charged with the duties and powers as delegated by the board. 43-39A-4. The board is authorized to establish the amount of any fee which it is author ized by this chapter to charge and collect. Each fee so established shall be reasonable and TUESDAY, MARCH 3, 1992 1473 shall be determined in such a manner that the total amount of fees charged and collected by the board shall approximate the total of the direct and indirect costs to the state of the operations of the board. 43-39A-5. Any registration, liecnac, or certification appraiser classification issued to an employee of the commission by the board shall be on inactive status during the time of the employee's employment with the commission. Any such employee shall not be required to pay a fee to keep a registration, liccnac, of certification an appraiser classification on an inactive status. Such registration, liecnac, of ccrtification~appraiser classification shall be taken off inactive status and returned to the employee when that person's employment ends. 43-39A-6. The board shall adopt a seal, which may be either an engraved or ink stamp seal, with the words 'Real Estate Appraiser Board, State of Georgia' and such other device as the board may desire included thereon, by which it shall authenticate the acts of the board. Copies of all records and papers in the office of the board, certified by the signature of the real estate commissioner and the seal of the board, shall be received in evidence in all cases equally and with like effect as the originals. The board shall maintain records so that it may certify the history of appraisers for a period of up to five years preceding the date of certification. 43-39A-7. Any person desiring to act as a registered, licensed, or certified real estate appraiser must file an application for a registration, liccnac, of certification an appraiser classification with the board. The application shall be in such form and detail as the board shall prescribe, setting forth the following: (1) The name and address of the applicant and the name under which the applicant intends to conduct business; (2) The place or places, including the city with the street and street number, if any, where the business is to be conducted; and (3) Such other information as the board shall require. 43 -80A '8. (a) (1) In order to qualify as a registered real estate appraiser, an applicant (A) Have attained the age of 18 years! (B) Be a resident of the State of Georgia, unlcao that person has fully complied with the provisions of Code Section 43 30A 0; (C) Be a high school graduate or the holder of a general educational development equivalency diploma; and (D) Furniah evidence of completion of at leaat 76 in cloaa houra in a courac or eouraca of atudy approved by the board which must include coverage of standards of professional (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 ao a licensed real eotatc appraiser, an applicant must; (A) Have attained the age of 18 years; (B) Be a resident of the State of Georgia, unleoo that person has fully complied with the provisions of Code Section 43 8QA 0; (C) Be a high achool graduate or the holder of a general educational development eqtKvalcncy diploma; and (D) Meet education, experience, and examination standards which at a minimum arc consistent with any guidclinca established by the Appraiaal Subcommittee. (2) Failure to meet any of the requirements provided in paragraph (1) of this subsection shall be grounds for denial of liecnac without a hearing. 1474 JOURNAL OF THE SENATE (c) (1) In order to qualify as a certified real estate appraiocr, an applicant must; (A) Have attained the age of 18 ycara; (D) Be a resident of the State of Georgia, unlcaa that person has fully complied with the provisions of Code Section 43-30A 0; (C) Be a high school graduate or the holder of a general educational development equivalency diplomas and (D) Meet education, experience, and examination standardo which at a minimum arc consistent with any guidelines established by the Appraisal Subcommittee. (2) Failure to meet any of the requirements provided in paragraph (1) of thia subsection shall be grounds for denial of certification without a hearing. (d) The board ia authorised to catabliah through ita rulca and regulations experience, examination, or education standards which at a minimum are conoiotcnt with any guidelines for such standards established by the Appraisal Subcommittee. The board ia also authorized to establish through ita rulca and regulations such classes of licensed real estate appraisera or certified real estate appraisers ao may be necessary in order to be consistent with any guidelines for auch classes of liccnaed or certified appraisers aa may be established by the Appraiaal Subcommittee. 43-39A-8. (a) The board is authorized to establish through its rules and regulations such appraiser classifications as are necessary to comply with federal law in order to assure that Georgia has appropriate classifications of appraisers authorized to appraise in federally re lated transactions. The board shall establish criteria for experience, examination, or educa tion standards and shall establish the scope of practice for such classifications as are necessary to comply with guidelines established by the Appraisal Subcommittee. The board shall also create a classification of appraiser to appraise in nonfederally related transactions and for which applicants need only to meet education standards established by the board through its rules and regulations! {) (b) As a prerequisite to renewal of a registration, license, 01 certification an appraiser classification, an appraiser shall present evidence satisfactory to the board of having successfully completed or instructed, during the immediately preceding term of registration, liccnsuro, or certification renewal period, 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 appraiser classification has been placed on inactive status shall be allowed to reactivate a registration, license, or"certification such appraiser classification un less the provisions of this subsection are met in addition to any other requirements of this chapter. {f) (c) The board, through its rules and regulations, shall establish standards for offer ing of alTeducation courses required by this Code section. 4g} (d) 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; TUESDAY, MARCH 3, 1992 1475 (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. 4h} (e) Failure to complete any of the educational requirements as provided in this Code section shall be grounds for denial of a registration, license, of certification an appraiser classification or denial of renewal of a registration, license, or certification an appraiser classification without further hearing. No fees or portion of fees paid shall be re funded if an appraiser fails to meet the continuing education provisions of this chapter. (i) Notwithstanding any other provision of this Code section, the board is authorized to require additional houra of educational courses for applicants for liccnsurc or certification or of continuing education for liccnacd real estate appraiacro or certified real estate appraisers, if the Appraisal Subcommittee adopts higher minimum houra for such licensed of certified appraisers, provided that the board requires at least thoac minimum hours required by the Appraisal Subcommittee. 43-39A-9. (a) Every applicant for liccnaurc or certification an appraiser classification under this chapter who is not a resident of Georgia shall submit, with the application for liccnsurc or certification an appraiser classification, an irrevocable consent that service of process upon the applicant may be made by delivery of the process to the real estate com missioner, if, in an action against the applicant in a court of Georgia arising out of the applicant's activities as an appraiser, the plaintiff cannot, in the exercise of due diligence, effect personal service upon the applicant. (b) A nonresident of Georgia who has complied with the provisions of subsection (a) of this Code section may obtain n license or certification an appraiser classification by con forming to all of the provisions of this chapter relating to the license or certification sought. (c) An applicant who ia licensed or certified has an appraiser classification in another state under such state's laws which are designed to comply with 12 U.S.C. 8eer Section 3301, et seq., may obtain a similar license or certification appraiser classification 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 licenacd or certified hold an appraiser classification, to furnish to the board a certification of liecnaurc of certification such appraiser classification and cop ies of the records of any disciplinary actions taken against the applicant's liccnac or certifi cation appraiser classification in that or other states. The imposition of a disciplinary action by any other lawful licensing authority may be grounds for denial of liccnac or ccrtifieatiett an appraiser classification to a nonresident or for suspension or revocation of the liccnac of ccrtificq&ett appraiser classification 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 1476 JOURNAL OF THE SENATE (5) Signing a statement that the applicant has read this chapter and its rules and regu lations and agrees to abide by its provisions in all real estate appraisal activity in Georgia. 43-39A-10. (a) The board shall prescribe the form of a wall certificate to denote that an individual is a registered real estate appraiser, a liccnacd real cotatc appraiser, or a certified real estate appraiacr, as the case may be an individual's appraiser classification. The board shall mail the wall certificate to the appraiser whose duty it shall be to display the wall certificate conspicuously in the appraiser's place of business. The board shall also prepare and deliver a pocket card indicating that the appraiser classification of the person whose name appears thereon ia a registered real estate appraiser, a liccnaed"rcal estate approiacr, or a certified real catatc appraiser, as the caac may be. (b) A registration, license, or certification An appraiser classification issued under au thority of this chapter shall bear a number assigned by the board. When signing an ap praisal report, a registered real estate appraiser ahall place his o? her registration number adjacent to or immediately below hia or her title of 'Registered Real Eatatc Appraiser.' When signing an appraisal report, a liccnacd real estate appraiser shall place hia or her license number adjacent to of immediately below his or her title of 'Licensed Real Eatatc Appraiser.' When signing an appraisal report, a certified real catatc appraiaci- ahall place his or her certificate number adjacent to or immediately below the title of 'Certified Real Eatatc Appraiser.' Such rcgiatration, liccnac, or certificate number shall alao be used in all state ments of qualification, contracta, or other instruments used by the appraiser when reference ia made to his or her rcgiatcrcd, liccnacd, or certified states? The board through its rules and regulations shall establish standards which require appraisers to disclose their appraiser classification and number assigned by the board in all appraisal reports and in all state ments of qualifications, contracts, or other instruments used by the appraiser when refer ence is made to his or her appraiser classification status. (c) Wall certificates and pocket cards shall remain the property of the board and, upon any suspension or revocation of a registration, license, or ccrtifieatieB an appraiser classifica tion pursuant to this chapter, the individual holding the related wall certificate or pocket card shall immediately return such wall certificate or pocket card to the board. 43-39A-11. (a) To pay its share of the expense of the maintenance and operation of the office of the commission and the enforcement of this chapter, the board shall establish rea sonable fees in accordance with Code Section 43-39A-4 and in accordance with its rulemaking authority. No fee or portion of a fee required under this chapter which is paid to the board shall be refunded. Each appraiser shall be responsible for paying his or her own fees. (b) If the board administers an examination, at the time an application for examination is submitted, the board shall collect from the applicant a fee for the examination and an investigation fee if necessary. If an applicant fails to pass an examination, upon filing a new application and paying an additional fee, the applicant may take another examination as soon as scheduling permits. (c) Prior to the issuance of an original registration, liccnac, or certification appraiser classification, each applicant shall pay an activation fee in advance as established by the board. (d) All registrations, licensees, and certifications appraiser classifications shall be re newed periodically as determined by the board in its rules and regulations, and the board shall charge a fee for any such registration, license, or certification appraiser classification renewed. The time for renewal of a rcgiatration, liccnac, or ccrtifieatkm an appraiser classifi cation and the number of years for which it may be renewed shall be in the discretion of the board. All fees shall be deposited into the state treasury for the expenses of the board. This Code section shall not obviate any other fees or conditions required to maintain such fegistration, license, or certification appraiser classification in accordance with this chapter. A registration, liccnac, or certification An appraiser classification not renewed in accordance with this subsection shall be lapsed. (e) Applications and fees must be filed personally in the board's offices during regular TUESDAY, MARCH 3, 1992 1477 business hours or may be mailed to the board's offices in a letter postmarked by the United States Postal Service. (f) Any appraiser whose rcgiotration, license, o? certification appraiser classification lapses for failure to pay a renewal fee may reactivate that registration, license, or certified tk appraiser classification within two years of the date of its lapsing by paying the total amount of all renewal fees and late charges which would have been due during the period when the registration, license, or certification appraiser classification was lapsed plus a reac tivation fee. If any appraiser allows a registration license, or certification an appraiser classi fication to lapse for a period longer than two years due solely to a failure to pay a renewal fee, the appraiser may have that registration, license, or certification appraiser classification reinstated by paying the total amount of all renewal fees and late charges which would have been due during the period when the registration, license, or certification appraiser classifi cation was lapsed plus a reactivation fee and by successfully completing any educational course or courses which the board may require. Any appraiser whose fcgiatration, license, or certification appraiser classification has lapsed for longer than ten years and who seeks to have that registration, license, Decertification appraiser classification reinstated must requalify as an original applicant as set forth in Code Section 43-39A-8. The board may refuse to renew a registration, license, 01 certification an appraiser classification if the appraiser has continued to perform real estate appraisal activities following the lapsing of that regis tration, license, or certification appraiser classification. (g) Any appraiser who does not wish to be actively engaged in real estate appraisal activity may continue a registration, license, or certification an appraiser classification by making a written request within 14 days of ceasing work that the registration, license, or certification appraiser classification be placed on inactive status. Any appraiser whose rcgia tration, liccnacT or certification appraiser classification has been placed on an inactive status may not engage in real estate appraisal activity. To reactivate a registration, liccnac, of ccr tification an appraiser classification held on inactive status, an appraiser must make appli cation to the board prior to resuming real estate appraisal activity. Any appraiser who seeks to reactivate a fcgiatration, liccnac, or certification an appraiser classification which has been placed on inactive status shall be required to meet any continuing education require ment which the appraiser might have otherwise been required to meet during the period when the appraiser's registration, liccnac, OT certification appraiser classification was placed on inactive status. (h) Any appraiser who places a registration, liconac, or ccrtifieatieR an appraiser classifi cation on inactive status shall be required to pay the renewal fee provided for in subsection (d) of this Code section. Whenever any appraiser on inactive status fails to pay the required fee, the registration, liccnac, or certification appraiser classification shall be lapsed. If an appraiser on inactive status changes address, the appraiser shall notify the board of the new address, in writing, within 14 days. (i) Any check which is presented to the board as payment for any fee which the board is permitted to charge under this chapter and which is returned unpaid may be cause for denial of a registration, license, or certification an appraiser classification or for imposing any sanction permitted by this chapter. (j) Any school approved to offer required education courses under this chapter, except units of the University System of Georgia, shall pay an original application fee and renewal fee as established by the board. If such an approval lapses, the school may reinstate the approval by paying the total amount of all renewal fees and late charges which would have been due during the period the approval was lapsed plus a reactivation fee. (k) A reasonable fee, not to exceed the renewal fee charged for a rogiatration, license, or certification an appraiser classification, may be imposed by the board on any applicant or appraiser who: (1) Fails to notify the board in writing within 14 days of a change of address; or 1478 JOURNAL OF THE SENATE (2) Fails to respond within 14 days to a written inquiry from the board requesting fur ther information on any application the applicant or appraiser has filed with the board. (1) The board is authorized to collect and forward to the Federal Financial Institutions Examination Council the annual registry fee required for appraisers who perform or seek to perform appraisals in federally related transactions as set forth in 12 U.S.C. Section 3338 and to submit to the Appraisal Subcommittee, no less than annually, a roster listing real estate appraisers who arc liecnacd or certified in accordance with thio chapter have ap praiser classifications suitable for inclusion in the federal registry. 43-39A-12. Except as provided for in subsection (1) of Code Section 43-39A-11, all fees collected pursuant to this chapter shall be deposited by the board into the state treasury. Out of the funds thus arising shall be paid the expenses contemplated in this chapter for the administration and enforcement of this chapter. All expenditures authorized by the board shall be paid from the funds received pursuant to this chapter. The expenses of the board and its support staff must always be kept within the income collected and deposited in accordance with this chapter; and the expenses thereof shall not be supported or paid from any other state fund or licensing authority. 43-39A-13. The board, through its rules and regulations, shall have the full power to regulate the issuance of registrations, liccnaca, and certifications appraiser classifications, to discipline appraisers in any manner permitted by this chapter, to establish qualifications for registrations, liccnaca, and certifications appraiser classifications consistent with this chap ter, to regulate approved courses, and to establish standards for real estate appraisals. 43-39A-14. (a) Regiatrationa, liccnaca, or ecrtificationa Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board. (b) Where an applicant for a registration, license, or certification an appraiser classifica tion has been convicted in a court of competent jurisdiction of this or any other state, district, or territory of the United States, or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to de fraud or other like offense or offenses or has been convicted of a felony or a crime involving moral turpitude, such untrustworthiness of the applicant and the conviction in itself may be a sufficient ground for refusal of a registration, a license, or a certification an appraiser classification. As used in this chapter, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation else where; and, as used in this chapter, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought. Where an applicant for a registration, a license, or a certification an appraiser classification has been arrested, charged, and sentenced for the commission of a felony or any crime involving moral turpitude and where such applicant was granted first offender treatment with out adjudication of guilt pursuant to the charge, or pleaded nolo contendere to such charge, such sentencing in itself may be a sufficient ground for refusal of a registration, a license, or a certification an appraiser classification. An applicant for a registration, a liccnac, or a certi fication an appraiser classification who has been convicted of any offense enumerated in this subsection may be registered, licensed, or certified issued an appraiser classification by the board only if: (1) At least five years have passed since the applicant was convicted, sentenced, or re leased from any incarceration, whichever is later; (2) No criminal charges are pending against the applicant; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. TUESDAY, MARCH 3, 1992 1479 (c) Where an applicant or an appraiser has been found guilty of a violation of the fed eral fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of a registration, a liecnac, or a certification an appraiser classification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the rcgiatration, license, or certification appraiser classification. (e) Grounds for suspension or revocation of a rcgiatration, license, or certification an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant a-registration, license, or certification an appraiser classification. (f) The conduct provided for in subsections (a) through (d) of this Code section which relates to the denial of a registration, a license, or a certification an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when the conduct is that of an appraiser. (g) If an appraiser: (1) Voluntarily surrenders a license or certification an appraiser classification to the board; (2) Allows a registration, license, or certification an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allows a rcgiatration, liccnac, of certification an appraiser classification to lapse due to failure to pay any required fees after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new registration, license, or certification appraiser classification to such person. (h) Where an applicant for a rcgiatration, liccnac, or certification an appraiser classifica tion has been sanctioned by the board or by a similar board of any other state or foreign country, such sanction in itself may be a sufficient ground for refusal of a registration, li ccnac, or certification an appraiser classification. An applicant for a license or certification an appraiser classification who has had a an occupational registration, license, or certification revoked by any occupational licensing body of this state, any other state, o"r any foreign country may be liccnaed or certified granted an appraiser classification by the board only if: (1) At least five years have passed since the date that the applicant's occupational regis tration, license, or certification was revoked; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must immediately notify the board of that conviction. Such appraiser's rcgiatration, license, or certification appraiser classification shall automati cally be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing held pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter. 1480 JOURNAL OF THE SENATE 43-39A-15. (a) If the board, after an application improper form has been filed with it, accompanied by the proper fee, shall refuse to accept the application, the board shall pro vide for a hearing for such applicant in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 43-39A-16. (a) If an appraiser changes a residence or place of business address, such appraiser shall notify the board, in writing, within 14 days of such change. (b) Nothing contained in this chapter shall be deemed to prohibit an appraiser from engaging in the practice of real estate appraisal activity as a professional corporation in accordance with the provisions of Chapter 7 of Title 14, the 'Georgia Professional Corpora tion Act.' 43-39A-17. (a) After July 1, 1991, no person engaged in the business of real estate ap praisal activity in Georgia or acting in the capacity of an appraiser in Georgia may bring or maintain any action in any court of this state to collect compensation for the performance of real estate appraisal activity for which a registration, a license, or a certification an ap praiser classification is required by this chapter without alleging and proving that such per son was- registered, liecnacd, of certified in Georgia held a Georgia appraiser classification of the type necessary to perform such appraisal activity at all times during the performance of such services. (b) The board by and through the commissioner may bring an action for any violation of this chapter. 43-39A-18. (a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' the board shall have the power to reprimand appraisers and approved schools; to revoke or suspend any registration, license, or certification appraiser classification issued under this chapter; to re voke or suspend approval of any school; to impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000,00 in any one hearing; to require completion of a course of study in real estate appraisal or instruction; or to utilize any combination of these sanctions which the board may deem appropriate whenever a license or certification or a school approval has been obtained by false or fraudulent representation or whenever an appraiser or an approved school has been found guilty of a violation of this chapter, of the rules and regulations promulgated by the board, or of any standard of conduct, including, but not limited to, the following acts or omissions: (1) Performing any real estate appraisal activity or specialized services which indicate any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin or an intention to make any such preference, limitation, or discrimination; (2) An act or omission involving dishonesty, fraud, or misrepresentation with the intent to benefit substantially an appraiser or another person or with the intent to injure substan tially another person; (3) Commission of any act of fraud, misrepresentation, or deceit in the making of an appraisal of real estate for which act a final civil or criminal judgment has been rendered; (4) Engaging in real estate appraisal activity under an assumed or fictitious name not properly registered in this state; (5) Paying a finder's fee or a referral fee to a person who is not an appraiser in connec tion with an appraisal of real estate or real property; (6) Making a false or misleading statement in that portion of a written appraisal report TUESDAY, MARCH 3, 1992 1481 that deals with professional qualifications or in any testimony concerning professional qualifications; (7) Violation of the confidential nature of governmental records to which an appraiser gained access through employment or engagement as an appraiser by a governmental agency; (8) Violation of any of the standards for the development or communication of real estate appraisals as promulgated by the board; (9) Failure or refusal without good cause to exercise reasonable diligence in developing an appraisal, preparing an appraisal report, or communicating an appraisal; (10) Negligence or incompetence in developing an appraisal, in preparing an appraisal report, or in communicating an appraisal; (11) Accepting an independent appraisal assignment when the employment itself is con tingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or where the fee to be paid is contingent upon the opinion, conclusions, analysis, or valuation reached or upon the consequences resulting from the appraisal assignment; (12) Failure to retain for a period of five years the original or a true copy of each ap praisal report prepared or signed by the appraiser and all supporting data assembled and formulated by the appraiser in preparing each such appraisal report. The five-year period for retention of records is applicable to each engagement of the services of the appraiser and shall commence upon the date of the delivery of each appraisal report to the client unless, within such five-year period, the appraiser is notified that the appraisal or the appraisal report is involved in litigation, in which event the five-year period for the retention of records shall commence upon the date of the final disposition of such litigation; (13) Failure upon reasonable request of an appraiser to make all records required to be maintained under the provisions of this chapter available to the board for inspection and copying by the board; (14) Performing any appraisal beyond the scope of authority granted in the registration, liccnac, or certification appraiser classification held; (15) Demonstrating incompetency to act as an appraiser in such a manner as to safe guard the interests of the public or any other conduct, whether of the same or a different character than specified in this subsection, which constitutes dishonest dealing; or (16) Performing or attempting to perform any real estate appraisal activity on property located in another state without first having complied fully with that state's laws regarding real estate appraisal activity. (b) In a disciplinary proceeding based upon a civil judgment, an appraiser shall be af forded an opportunity to present matters in mitigation and extenuation but may not collat erally attack the civil judgment. (c) When an appraiser has previously been sanctioned by the board or by any other state's real estate appraiser licensing authority, the board may consider such prior sanctions in determining the severity of a new sanction which may be imposed upon a finding that an appraiser has violated any provision of this chapter or any of the rules and regulations of the board. The failure of an appraiser to comply with or to obey a final order of the board may be cause for suspension or revocation of the individual's registration, license, or ccrtifi cation appraiser classification after opportunity for a hearing. 43-39A-19. (a) No person other than a certified real atatc appraiser shall assume or uac auch title or any title, designation, or abbreviation likely to create the impression of ccrtifi cation as a real estate appraiser. A person who is not certified pursuant to thia chapter shall not describe or refer to any appraisal report or any appraisal or other evaluation of real estate by the term 'certified.' No appraiser who holds an appraiser classification may use any title, designation, or abbreviation likely to create the impression that such appraiser 1482 JOURNAL OF THE SENATE holds a different appraiser classification. No appraiser shall describe or refer to any ap praisal report or any appraisal or other evaluation of real estate by a term or terms which are likely to create the impression that the appraisal was done by an appraiser with a differ ent appraiser classification than that held by the appraiser performing the appraisal. (b) Subsection (a) of this Code section shall not preclude a regiatcrcd real catatc ap praiser or a liccnacd real estate appraiocr from appraising real estate for compensation. However, any appraisal report prepared by a fcgiatcrcd real catatc appraiocr of liccnocd real estate- appraiser must, whenever appropriate, include a statement that the appraisal report may not be eligible for use in a federally related loan transaction. If an appraiser does not hold an appraiser classification which permits the performance of a particular appraiser as signment for use in a federally related transaction, the appraiser must include in such ap praiser's appraisal report a statement that the appraisal report may not be eligible for use in a federally related transaction. (c) The A term 'certified real catatc appfaiaci1' or title denoting an appraiser classifica tion may only be used to refer to individuals who hold such certification appraiser classifica tion and may not be used following or immediately in connection with the name or signature of a firm, partnership, corporation, or group or in such manner that it might be interpreted as referring to a firm, partnership, corporation, group, or anyone other than an individual holder of the certification appraiser classification. (d) No rcgiatration, liecnac, or certification appraiser classification shall be issued under the provisions of this chapter to a corporation, partnership, firm, or group. 43-39A-20. (a) A client or employer may retain or employ an appraiser to act as a disin terested third party in rendering an unbiased valuation or analysis. A client or employer may also retain or employ an appraiser to provide specialized services to facilitate the cli ent's or employer's objectives. In either case, the appraisal and the appraisal report must comply with the provisions of this chapter. (b) For the purposes of this chapter, the term 'specialized services' as defined in Code Section 43-39A-2 means those appraisal services which do not fall within the definition of independent appraisal assignment. The term 'specialized services' may include valuation work and analysis work. Regardless of the intention of the client or employer, if the ap praiser would be perceived by third parties or the public as acting as a disinterested third party in rendering an unbiased analysis, opinion, or conclusion, the work is classified as an independent appraisal assignment and not 'specialized services.' (c) An appraiser may not accept a fee for an independent appraisal assignment that is contingent upon the appraiser's reporting a predetermined estimate, analysis, valuation, or opinion or is contingent upon the opinion, conclusion, analysis, or valuation reached or upon the consequences resulting from the independent appraisal assignment. (d) An appraiser who enters into an agreement to perform specialized services may be paid a fixed fee or a fee that is contingent on the results achieved by the specialized services. (e) If an appraiser enters into an agreement to perform specialized services for a contin gent fee, this fact shall be clearly stated in each written and oral report. In each written report, this fact shall be clearly stated in a prominent location in such report, in each letter of transmittal, and in the certification statement made by the appraiser in such report. (f) Any appraiser who performs specialized services for which any other law requires licensure, certification, or registration must first obtain that licensure, certification, or regis tration before undertaking any such specialized services. 43-39A-21. (a) Before the board shall impose on any appraiser any sanction permitted by this chapter, it shall provide for a hearing for such appraiser in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) If any appraiser or applicant fails to appear at any hearing after reasonable notice, the board may proceed to hear the evidence against such appraiser or applicant and take action as if such appraiser or applicant had been present. A notice of hearing, initial or TUESDAY, MARCH 3, 1992 1483 proposed decision, or final decision of the board in a disciplinary proceeding shall be served upon the appraiser or applicant by personal service or by certified mail, return receipt re quested, to the last known address of record with the board. If such material is returned marked 'unclaimed' or 'refused' or is undeliverable and if the appraiser or applicant cannot, after diligent effort, be located, the real estate commissioner shall be deemed to be the agent for such appraiser or applicant for the purposes of this Code section, and service upon the real estate commissioner shall be deemed service upon the appraiser or applicant. (c) Any person who has exhausted all administrative remedies available within this chapter and who is aggrieved by a final decision in a contested case is entitled to judicial review in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 43-39A-22. (a) The board may, upon its own motion, and shall, upon the sworn written request of any person, investigate the actions of any appraiser, applicant, or school approved by the board; provided, however, that, whenever a request for investigation involves an ap praisal report which varies from a sales, lease, or exchange price by 10 percent or less, the board may in its discretion decline to conduct an investigation. Except for investigations of applicants for liccnsurc or certification appraiser classifications, investigations of allegations of fraudulent conduct, or investigations of possible violations of this chapter which have been litigated in the courts or arise from litigation in the courts, the board shall not initiate an investigation on its own motion or upon a sworn written request for investigation unless the act or acts which may constitute a violation of this chapter occurred within three years of the initiation of the investigation. (b) Any person authorized to conduct an investigation on behalf of the board shall have access to and may examine any writings, documents, or other material which may be related to an investigation made upon the order of the board. (c) In the conduct of an authorized investigation, the chairperson of the board or the commissioner may issue subpoenas to compel production of such writings, documents, or material on behalf of the board. After the service of a notice of hearing, the commissioner or chairperson of the board may issue subpoenas to compel production of such writings, docu ments, or material, either on behalf of the board or at the request of a respondent. The board or the respondent may apply to the superior court of the county in which a person disobeying a subpoena resides for an order requiring compliance. Failure to comply with such an order shall be punishable as for contempt of court. (d) The results of all investigations shall be reported only to the board or to the com missioner and the records of such investigations shall not be subject to subpoena in civil actions. Records of investigations shall be kept by the board and no part of any investigative record shall be released for any purpose other than a hearing before the board or its desig nated hearing officer, review by another law enforcement agency or lawful licensing author ity upon issuance of a subpoena from such agency or authority or at the discretion of the board upon an affirmative vote of all members of the board, review by the respondent after the service of a notice of hearing, review by the board's legal counsel, or an appeal of a decision by the board to a court of competent jurisdiction. After service of a notice of hear ing, a respondent shall have a right to obtain a copy of the investigative record pertaining to the respondent. (e) Whenever the board revokes or suspends for more than 60 days a registration, a license, a certification, an appraiser classification or a school approval or whenever an ap praiser or an approved school surrenders a registration, a license, a certification, an ap praiser classification or an approval to the board after the board has filed a notice of hear ing, the board shall publish the name of such appraiser or approved school in its official newsletter. (f) The board shall have the authority to exclude all persons during the board's or the staff of the board's: (1) Deliberations on disciplinary proceedings; 1484 JOURNAL OF THE SENATE (2) Meetings with an appraiser or an applicant or the legal counsel of that appraiser or applicant in which the appraiser or applicant seeks to settle a contested case as provided in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; and (3) Review of the results of investigations initiated under this Code section. 43-39A-23. Whenever, in the judgment of the board, any person has engaged in any acts or practices which constitute or will constitute a violation of this chapter, the Attorney Gen eral may maintain an action in the name of the state in the superior court of the county in which such violation occurred to abate and enjoin temporarily or permanently such acts and practices and to enforce compliance with this chapter. The plaintiff shall not be required to give any bond. 43-39A-24. (a) Except as provided in this Code section, on and after July 1, 1991, it shall be unlawful for anyone to engage in real estate appraisal activity in this state without first obtaining a registration, liccnac, or certification an appraiser classification as provided in this chapter. Nothing in this chapter shall be construed to prohibit any person who is licensed to practice in this state under any other law from engaging in the practice for which such person is licensed. (b) This chapter shall not apply to: (1) Individuals: (A) Who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion, or conclusion; or (B) Who assist an appraiser in the preparation of an appraisal report but do not sign that report or make any representations regarding it to any third party; (2) A real estate licensee licensed in accordance with Chapter 40 of this title who, in the ordinary course of real estate brokerage business, gives a broker's price opinion, competitive market analysis, or any other written or oral opinion to a potential seller, purchaser, land lord, tenant, or third party as to the recommended listing, lease, rental, or purchase price of real estate or real property; provided, however, that this opinion as to the listing, lease, rental, or purchase price shall not be referred to as an appraisal; (3) A registered forester registered pursuant to the provisions of Code Section 12-6-40 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 liccnac or certificatien the proper appraiser classification under this chapter, if required by federal law and the Appraisal Subcommittee; (4) Any individual, partnership, or corporation which, as owner, as the spouse of an owner, as general partner of a limited partnership, as officer of a corporation, as lessor, or as prospective purchaser or lessee or its regular employees, expresses an opinion of value on real estate or real property leased or to be acquired by such owner;-ef (5) Any person who testifies to the value of real estate or real property in the courts of this state;? (6) Any officer or employee of a government agency in the conduct of official duties, except when the appraisal is being used by a government agency exercising its power of eminent domain; or (7) Unless otherwise required by federal law or regulation, a person appraising real es tate "or real property exclusively for the use of a bank, a savings and loan association, or a credit union. (c) The exceptions provided by subsection (b) of this Code section shall not apply to any person who holds an appraiser classification. 43-39A-25. (a) Any person who, directly or indirectly, with the intention or upon the TUESDAY, MARCH 3, 1992 1485 promise of receiving any valuable consideration, offers, attempts, or agrees to perform or performs any single act of real estate appraisal activity defined in Code Section 43-39A-2, whether as a part of an appraisal or as an appraisal, shall be deemed an appraiser within the meaning of this chapter. The commission of a single such act by a person who is required to have a registration, license, or certification an appraisal classification under this chapter but who is not so registered, liccnacd, or certified has not obtained sucn" appraiser classification shall constitute a violation of this chapter. (b) It shall be unlawful for any person, directly or indirectly, to engage in or conduct the business of, or advertise or hold himself or herself out as engaging in or conducting the business of, or act in the capacity of, an appraiser within this state without first obtaining a registration, liccnac, or certification an appraiser classification as provided in this chapter. (c) Notwithstanding any other provisions of law to the contrary, the board may issue a cease and desist order prohibiting any person from violating the provisions of this chapter by engaging in the practice of an appraiser without a license or certification proper ap praiser classification. Such cease and desist order shall be final ten days after it is issued unless the person to whom such order is issued requests a hearing before the board. (d) The violation of any cease and desist order of the board issued under subsection (c) of this Code section shall subject the person violating the order to further proceedings before the board, and the board shall be authorized to impose a fine not to exceed $1,000.00 for each transaction constituting a violation of such order. Each day that a person practices in violation of this chapter shall constitute a separate violation. (e) Initial judicial review of the decision of the board entered pursuant to this Code section shall be available solely in the superior court of the county of domicile of the board. (f) Nothing in this Code section shall be construed to prohibit the board from seeking remedies otherwise available by statute without first seeking a cease and desist order in accordance with the provisions of this Code section. 43-39A-26. Any person acting as an appraiser within the meaning of this chapter with out a registration, liccnac, or certification an appraiser classification and any person who violates any other provision of this chapter shall be guilty of a misdemeanor. 43-39A-27. For the purposes of Chapter 2 of this title, 'The Act Providing for the Re view, Continuation, Reestablishment, or Termination of Regulatory Agencies,' the Georgia Real Estate Appraisers Board shall be terminated on July 1, 1994, and this chapter and any other laws relating to such board shall be repealed in their entirety effective on the date specified in Code Section 43-2-8." Section 2. Said title is further amended by striking in its entirety paragraph (15) of subsection (a) of Code Section 43-40-25, relating to violations of Chapter 40 of this title, and inserting in lieu thereof a new paragraph (15) to read as follows: "(15) Indicating that an opinion given to a potential seller, purchaser, landlord, or ten ant regarding a listing, lease, rental, or purchase price is an appraisal unless such licensee holds a rcgiatfation, liccnac, or certification as an appraiser an appraiser classification in accordance with Chapter 39A of this title;". 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 Turner of the 8th moved that the Senate agree to the House substitute to SB 536. On the motion, a roll call was taken, and the vote was as follows: 1486 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Gillis Hammill Harris Hasty Henson Pollard Ragan of 10th Ragan of 32nd Ramsey Rav BCluaryton Coleman CDoelallins HHomok, s Huggins JKoihdndson Rgcoobtitnson Qt STMtemb, erg Dean Echols Edge Egan English Foster Garner Langford Marable Moye Newbill Perdue Perry Phillips late Thompson Timmons Turner Tysinger Walker of 43rd White Voting in the negative were Senators Brown of the 26th and Dawkins. Those not voting were Senators: Albert Shumake Taylor Walker of 22nd On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 536. The following general bill of the House favorably reported by the committee was read the third time and put upon its passage: HB 1149. By Representatives Thomas of the 69th, Simpson of the 70th and Pettit of the 19th: A bill to amend Code Section 15-21-94 of the Official Code of Georgia Annotated, relating to assessment and collection of sums for the county jail fund, so as to provide for the assessment and collection of funds to be paid over to the gov erning authority of the county with which the city has contracted. Sseennate Sponsor: Senator Baldwin otf the 29th. Thheereport of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of the 46th 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 Ragan of 10th Ragan of 32nd Ramsey Ray TUESDAY, MARCH 3, 1992 1487 Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Brown of 26th Garner Shumake Taylor 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. Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 12:35 o'clock P.M., the President announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. 1488 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 4, 1992 Twenty-eighth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Muggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. Senator Kidd of the 25th moved that the Senate reconsider its action on March 3 in defeating the following bill of the House: HB 559. By Representatives Smith of the 156th and Green of the 106th: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors, and utility contractors, so as to provide for a Division of Irriga tion Contractors. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin BlrsohunP o,f 46thL Collins Deal Dean Echols Egan English Foster Harris HHeanstsyon Johnson Kidd Marable Moye Perdue Pollard Ramsey Ray RStoebininbseorng Timmons Turner Tysinger Walker of 43rd White Voting in the negative was Senator Phillips. Those not voting were Senators: Bowen Brown of 26th Burton Coleman Dawkins Edge Garner Gillis Hammill Hill Hooks Huggins Langford Newbill Perry Ragan of 10th Ragan of 32nd Scott Shumake Starr Tate Taylor Thompson Walker of 22nd On the motion, the yeas were 31, nays 1; the motion prevailed, and HB 559 was recon sidered and placed on the Senate General Calendar. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. WEDNESDAY, MARCH 4, 1992 1489 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1319. By Representative Barnett of the 10th: A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected. HB 1732. By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta in the County of Fulton and creat ing a new charter for said city, so as to provide that the mayor and city council may promulgate bylaws, rules, and regulations governing the affairs of boards, commissions, and agencies of the city. HB 1887. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to amend an Act creating a board of commissioners of Madison County, so as to provide new commissioner districts. HB 1888. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to amend an Act creating a board of education of Madison County, so as to provide new education districts. HB 1919. By Representative Selman of the 32nd: A bill to amend an Act providing a new charter for the City of Palmetto, so as to revise and change the manner in which and the purpose for which special elec tions are called. HB 1920. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act creating the board of commissioners of Douglas County, so as to change the composition of the commissioner districts. HB 1921. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of the education districts. HB 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected. 1490 JOURNAL OF THE SENATE HB 1928. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act creating the Rome-Floyd County Commission on Chil dren and Youth, so as to provide for changes in the membership of such commission. HB 1934. By Representative Lane of the 27th: A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority. HB 1935. By Representative Lane of the 27th: A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority. HB 1936. By Representative Lane of the 27th: A bill to amend an Act to create the East Point Business and Industrial Develop ment Authority, so as to change the composition and appointment of member ship on the authority. HB 1944. By Representatives Lord of the 107th and Parrish of the 109th: A bill to fix the compensation of the members of the Board of Education of Johnson County. HB 1478. By Representatives Flynt of the 75th, Twiggs of the 4th, Sherrill of the 47th, Golden of the 148th and Walker of the 113th: A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit the pos session of any device capable of producing a flashing blue light by any person other than a law enforcement officer. HB 1680. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: 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 definitions; to restrict an employee of a regional development center from service with entities contracting with the regional development center. HB 1532. By Representatives Brown of the 88th, Abernathy of the 39th, Henson of the 57th and Howard of the 85th: A bill to amend Code Section 33-11-16 of the Official Code of Georgia Annotated, relating to authorized investments by insurers, so as to provide that insurers may invest in obligations issued by the International Finance Corporation. HB 1528. By Representatives Holland of the 136th, Walker of the 113th, Jenkins of the 80th and Poston of the 2nd: A bill to amend Code Section 19-9-5 of the Official Code of Georgia Annotated, relating to child custody agreements, so as to provide that the term "custody" refers to joint custody. WEDNESDAY, MARCH 4, 1992 1491 HB 1489. By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the qualifica tions of local school superintendents. HB 1694. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend Code Section 46-5-63 of the Official Code of Georgia Annotated, relating to the powers of rural telephone cooperatives, so as to change the popu lation classifications with respect to the authority of certain rural telephone co operatives to exercise certain powers within cities. HB 1593. By Representative Cummings of the 17th: A bill to amend Article 6 Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to public retirement sys tems standards so as to repeal certain provisions relating to requirements for exempting bills regarding the Georgia Firemen's Pension Fund from certain provisions. HB 1556. By Representatives Williams of the 90th, Pinkston of the 100th, Padgett of the 86th, Connell of the 87th and Harris of the 84th: A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale. HB 1574. By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, so as to provide for the compre hensive revision of said chapter. HB 1542. By Representatives Sherrill of the 47th, Lucas of the 102nd, Adams of the 79th, Oliver of the 53rd, Martin of the 26th and others: A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, so as to establish the Childhood Early Intervention and Services for the Elderly Fund. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bills of the Senate: SB 706. By Senator Kidd of the 25th: A bill to amend an Act creating the Board of Commissioners of Putnam County, as amended, so as to change the composition of the commissioner districts from which the chairman and members of the board are elected; to provide for defini tions and inclusions; to provide for other related matters; to provide for submis sion of this Act to the United States Attorney General. SB 707. By Senator Kidd of the 25th: A bill to amend an Act changing the method of electing members for the Board of Education of Putnam County, as amended, so as to change the composition of 1492 JOURNAL OF THE SENATE the education districts from which the members of the board are elected; to pro vide for definitions and inclusions; to provide for terms; to provide for a state ment of intent; to provide for submission of this Act to the U.S. Attorney General. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 926. By Representative Parrish of the 109th: A resolution paying tribute to Honorable Albert D. Clifton and designating the Albert D. Clifton Memorial Highway. HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st, Chambless of the 133rd, Dover of the llth and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care pro grams for medically indigent citizens and children, for expansion of Medicaid eligibility and services. HR 894. By Representatives Walker of the 115th, Townsend of the 24th, Lee of the 72nd, Martin of the 26th, Royal of the 144th and others: A resolution creating the Joint Study Committee on Local Government Services. HR 933. By Representatives Beatty of the 12th, Ladd of the 44th, Mobley of the 64th, Carrell of the 65th, Breedlove of the 60th and others: A resolution designating the Veterans Memorial Parkway. The House has agreed to the Senate substitute to the following bills of the House: HB 1102. By Representative Lane of the 27th: A bill to amend Chapter 42 of Title 36 of the Official Code of Georgia Annotated, Chapter 43 of Title 36 of the Official Code of Georgia Annotated, Chapter 44 of Title 36 of the Official Code of Georgia Annotated, and Chapter 61 of Title 36 of the Official Code of Georgia Annotated, so as to permit a downtown development authority to be designated as a redevelopment agency and as an urban redevelop ment agency. HB 1651. By Representatives Bates of the 141st, Long of the 142nd, Titus of the 143rd, Purcell of the 129th and Royal of the 144th: A bill to amend Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to costs for judges of the probate courts, so as to repeal subsections pro viding for a different schedule of costs for judges of the probate courts in coun ties having a population of not less than 25,400 nor more than 25,900, and in counties having a population of not less than 38,000 nor more than 38,200 ac cording to the United States decennial census of 1980 or any future such census. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 792. By Senator Tysinger of the 41st: A bill to amend an Act applying to counties having a population of 500,000 or more by the United States Census of 1960 or any future United States census WEDNESDAY, MARCH 4, 1992 1493 whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen so as to change the population figure to 600,000 and the census date to 1990; to provide an effec tive date. Referred to Committee on Urban and County Affairs (General). SB 793. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-354 of the Official Code of Georgia Annotated, relating to exemption of certain salesmen and merchants from municipal taxes and license fees, so as to change the population figure designating the counties to which said Code section is applicable. Referred to Committee on Urban and County Affairs (General). SB 794. By Senator Tysinger of the 41st: A bill to amend Code Section 15-12-11 of the Official Code of Georgia Annotated, relating to the appointment of court personnel in certain counties, so as to change the population figure designating the counties in which the judges of the superior court are authorized to appoint a jury clerk. Referred to Committee on Urban and County Affairs (General). SB 795. By Senator Tysinger of the 41st: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to county probation system employees, so as to change the population figure designating counties in which certain employees of the county probation system are to continue as members of a local retirement system. Referred to Committee on Urban and County Affairs (General). SB 796. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-233 of the Official Code of Georgia Annotated, relating to the preparation of the list of electors, so as to change the population brackets. Referred to Committee on Urban and County Affairs (General). SB 797. By Senator Tysinger of the 41st: A bill to amend an Act providing that counties having a population of more than 200,000, according to the United State Census of 1921 or any subsequent census, shall furnish aid and relief and pensions to regular members of the county police departments, as amended, so as to change the language and figures "500,000 ac cording to the United States decennial census of 1960" to "600,000 according to the United States decennial census of 1990". Referred to Committee on Urban and County Affairs (General). SB 798. By Senator Tysinger of the 41st: A bill to amend Code Section 47-14-50 of the Official Code of Georgia Annotated, relating to payments to fund from fines and bonds collected in criminal and quasi-criminal cases, so as to change a population figure designating counties in which said Code section is inapplicable; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 799. By Senator Tysinger of the 41st: A bill to amend Code Section 36-6-16.1 of the Official Code of Georgia Anno tated, relating to the deposit of funds held for the benefit of third persons or 1494 JOURNAL OF THE SENATE litigants by officers of a county or court in the treasury of counties having a pop ulation of 500,000 or more, so as to change the population figure. Referred to Committee on Urban and County Affairs (General). SB 800. By Senator Tysinger of the 41st: A bill to amend Code Section 9-13-161.1 of the Official Code of Georgia Anno tated, relating to the holding of sales of personal property at a place other than the courthouse where such sale would create an undue traffic hazard, so as to change the population figure. Referred to Committee on Urban and County Affairs (General). SB 801. By Senator Tysinger of the 41st: A bill to amend Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the requirement of the Department of Administrative Services to pro mote joint use of public safety radio services and economical delivery of services, so as to change the population figure designating the counties to which provisions of said Code section shall not apply. Referred to Committee on Urban and County Affairs (General). SB 802. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to the qualifications of registrars and deputy registrars, so as to change the population figure designating the counties in which the board of registrars and elections shall appoint the registrars and deputy registrars of each munici pality lying wholly within the boundaries of any such county as deputy registrars of such county. Referred to Committee on Urban and County Affairs (General). SB 803. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to the collection of county school taxes by tax commissioners or tax col lectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collector or remitted to the county governing authority. Referred to Committee on Urban and County Affairs (General). SB 804. By Senator Tysinger of the 41st: A bill to amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to the duties of a sheriff, so as to change the population brackets with respect to the duties of sheriffs of certain counties toward persons charged with a violation of a county ordinance. Referred to Committee on Urban and County Affairs (General). SB 805. By Senator Tysinger of the 41st: A bill to amend an Act providing that in all counties in the State of Georgia having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census the office of the justice of the peace emeritus shall be created so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date. Referred to Committee on Urban and County Affairs (General). WEDNESDAY, MARCH 4, 1992 1495 SB 806. By Senator Tysinger of the 41st: A bill to amend an Act fixing the salaries of certain judges of certain courts within certain counties so as to change the population figure from "500,000" to "600,000" according to the United States decennial census of 1990 or any future such census; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 807. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of county registrars, so as to change the population figure to provide that in certain counties the governing authority of the county shall appoint the county registrars; to provide an effec tive date. Referred to Committee on Urban and County Affairs (General). SB 808. By Senator Tysinger of the 41st: A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to the procedure for the authorization of bonded debt, so as to change the population figure designating counties in which legal advertisement of a bond election shall contain certain references. Referred to Committee on Urban and County Affairs (General). SB 809. By Senator Tysinger of the 41st: A bill to amend an Act providing for the defense of indigents in certain counties of this state having a population of not less than 500,000 as determined by the 1960 United States decennial census or any future census so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 810. By Senator Hooks of the 14th: A bill to amend Code Section 31-11-3 of the Official Code of Georgia Annotated, relating to the administration of ESMC Programs, so as to require the governing authority of a county to approve certain ambulance territory zones and methods of distributing emergency calls prior to implementation; to provide for existing plans. Referred to Committee on Health and Human Services. SB 811. By Senator Starr of the 44th: A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change certain provisions relating to the duty of county boards of health to provide certain com munity services and the duties of district health departments with respect to mentally retarded individuals; to change certain provisions relating to the duty of the Department of Human Resources to provide certain assistance to county boards of health. Referred to Committee on Health and Human Services. SB 812. By Senator Hasty of the 51st: A bill to amend Code Section 46-1-1 of the Official Code of Georgia Annotated, relating to definitions relative to public utilities and public transportation, so as to clarify the definition of "motor contract carrier and motor common carrier" 1496 JOURNAL OF THE SENATE with respect to motor vehicles engaged exclusively in the transportation of agri cultural products. Referred to Committee on Finance and Public Utilities. SB 813. By Senator Hasty of the 51st: A bill to amend an Act to provide a new charter for the City of Calhoun, Georgia, so as to authorize the governing authority of the City of Calhoun to appropriate up to $2,000.00 per fiscal year to Big Brothers/Big Sisters. Referred to Committee on Urban and County Affairs. SB 814. By Senators Langford of the 35th and Tate of the 38th: A bill to amend an Act fixing the compensation of the board of commissioners of counties having a population of 550,000 or more according to the United States decennial census of 1970 or any future such census, as amended, so as to change the provisions relating to the United States decennial census used for population classifications of such counties; to provide an effective date. Referred to Committee on Urban and County Affairs (General). SB 815. By Senators Edge of the 28th and Broun of the 46th: A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to further describe legislative in tent; to modify certain requirements that two physicians concur in a determina tion that a person is a candidate for nonresuscitation; to change the definition of "medically futile"; to clarify a patient's presumption of consent; to clarify con sent provisions regarding authorized persons. Referred to Committee on Special Judiciary. SB 816. By Senators Marable of the 52nd, Perdue of the 18th, Robinson of the 16th and others: A bill to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to provide that the third Friday in February shall be recognized as Arbor Day and the Saturday following that Fri day shall be recognized as Earth Day; to provide for related matters; to provide an effective date. Referred to Committee on Finance and Public Utilities. SB 817. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act creating the Augusta Judicial Circuit, as amended, so as to authorize the governing authority of each county comprising the Augusta Ju dicial Circuit to receive payment of fines directly from the state probation office without any requirement of deposit of the fines in the office of the clerk of the superior court. Referred to Committee on Judiciary. SB 818. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act regulating public instruction for the County of Richmond, as amended, so as to change the provisions relating to the organizational meet ings of the board of education and the organization and procedures of the board of education. Referred to Committee on Urban and County Affairs. WEDNESDAY, MARCH 4, 1992 1497 SB 819. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act regulating public instruction in the County of Richmond, as amended, so as to change the provisions relating to letting contracts and open ing bids; to change the provisions relating to purchasing; to provide for other matters relating to the business affairs of the board. Referred to Committee on Urban and County Affairs. SB 820. By Senators Coleman of the 1st and Hammill of the 3rd: A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, as amended, so as to change the composition of the commissioner districts; to provide for certain definitions and inclusions; to provide for election of members; to require submission of this Act to the United States Attorney General for certain approval; to provide for automatic repeal of this Act under certain circumstances. Referred to Committee on Urban and County Affairs. SR 521. By Senators Langford of the 35th and Tate of the 38th: A resolution recognizing the month of March as Black Business Month. Referred to Committee on Rules. SR 522. By Senators Scott of the 36th, Bishop of the 15th, Marable of the 52nd and others: A resolution creating the Joint Task Force on Equal Access to Quality Education and Employment for Minorities, Women, and Other Special Populations. Referred to Committee on Rules. SR 523. By Senators Walker of the 22nd and Albert of the 23rd: A resolution designating July 8, 1992, as Medical College of Georgia School of Nursing Day in Georgia. Referred to Committee on Health and Human Services. SR 524. By Senators Marable of the 52nd, Perdue of the 18th, Robinson of the 16th and others: A resolution urging the licensed physicians of the State of Georgia to perform certain tests for the early detection of prostate cancer. Referred to Committee on Health and Human Services. The following bills and resolutions of the House were read the first time and referred to committees: HB 1478. By Representatives Flynt of the 75th, Twiggs of the 4th, Sherrill of the 47th and others: A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit the pos session of any device capable of producing a flashing blue light by any person other than a law enforcement officer. Referred to Committee on Public Safety. 1498 JOURNAL OF THE SENATE HB 1489. By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change the qualifica tions of local school superintendents. Referred to Committee on Education. HB 1528. By Representatives Holland of the 136th, Walker of the 113th, Jenkins of the 80th and Poston of the 2nd: A bill to amend Code Section 19-9-5 of the Official Code of Georgia Annotated, relating to child custody agreements, so as to provide that the term "custody" refers to joint custody. Referred to Committee on Special Judiciary. HB 1532. By Representatives Brown of the 88th, Abernathy of the 39th, Henson of the 57th and Howard of the 85th: A bill to amend Code Section 33-11-16 of the Official Code of Georgia Annotated, relating to authorized investments by insurers, so as to provide that insurers may invest in obligations issued by the International Finance Corporation. Referred to Committee on Insurance and Labor. HB 1542. By Representatives Sherrill of the 47th, Lucas of the 102nd, Adams of the 79th and others: A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, so as to establish the Childhood Early Intervention and Services for the Elderly Fund. Referred to Committee on Youth, Aging and Human Ecology. HB 1556. By Representatives Williams of the 90th, Pinkston of the 100th, Padgett of the 86th and others: A bill to amend Code Section 10-1-420 of the Official Code of Georgia Annotated, relating to advertising without intending to sell on stated terms, so as to provide for the size and style of type to be used in any disclaimer or symbol directing attention to a disclaimer regarding the availability of merchandise or services advertised for sale. Referred to Committee on Judiciary. HB 1574. By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 33 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of physical therapists, so as to provide for the compre hensive revision of said chapter. Referred to Committee on Governmental Operations. HB 1593. By Representative Cummings of the 17th: A bill to amend Article 6 Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to public retirement sys tems standards so as to repeal certain provisions relating to requirements for exempting bills regarding the Georgia Firemen's Pension Fund from certain provisions. Referred to Committee on Retirement. WEDNESDAY, MARCH 4, 1992 1499 HB 1680. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: 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 definitions; to restrict an employee of a regional development center from service with entities contracting with the regional development center. Referred to Committee on Governmental Operations. HB 1694. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend Code Section 46-5-63 of the Official Code of Georgia Annotated, relating to the powers of rural telephone cooperatives, so as to change the popu lation classifications with respect to the authority of certain rural telephone co operatives to exercise certain powers within cities. Referred to Committee on Finance and Public Utilities. HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care pro grams for medically indigent citizens and children, for expansion of Medicaid eligibility and services. Referred to Committee on Health and Human Services. HR 894. By Representatives Walker of the 115th, Townsend of the 24th, Lee of the 72nd and others: A resolution creating the Joint Study Committee on Local Government Services. Referred to Committee on Rules. HR 926. By Representative Parrish of the 109th: A resolution paying tribute to Honorable Albert D. Clifton and designating the Albert D. Clifton Memorial Highway. Referred to Committee on Transportation. HR 933. By Representatives Beatty of the 12th, Ladd of the 44th, Mobley of the 64th and others: A resolution designating the Veterans Memorial Parkway. Referred to Committee on Transportation. HB 1319. By Representative Barnett of the 10th: A bill to change the composition of the districts from which members of the board of education of Forsyth County are elected. Referred to Committee on Urban and County Affairs. HB 1732. By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta in the County of Fulton and creat ing a new charter for said city, so as to provide that the mayor and city council 1500 JOURNAL OF THE SENATE may promulgate bylaws, rules, and regulations governing the affairs of boards, commissions, and agencies of the city. Referred to Committee on Urban and County Affairs. HB 1887. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to amend an Act creating a board of commissioners of Madison County, so as to provide new commissioner districts. Referred to Committee on Urban and County Affairs. HB 1888. By Representatives Clark of the 13th, Yeargin of the 14th and Powell of the 13th: A bill to amend an Act creating a board of education of Madison County, so as to provide new education districts. Referred to Committee on Urban and County Affairs. HB 1919. By Representative Selman of the 32nd: A bill to amend an Act providing a new charter for the City of Palmetto, so as to revise and change the manner in which and the purpose for which special elec tions are called. Referred to Committee on Urban and County Affairs. HB 1920. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act creating the board of commissioners of Douglas County, so as to change the composition of the commissioner districts. Referred to Committee on Urban and County Affairs. HB 1921. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of the education districts. Referred to Committee on Urban and County Affairs. HB 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected. Referred to Committee on Urban and County Affairs. HB 1928. By Representatives Childers of the 15th, McKelvey of the 15th and Smith of the 16th: A bill to amend an Act creating the Rome-Floyd County Commission on Chil dren and Youth, so as to provide for changes in the membership of such commission. Referred to Committee on Urban and County Affairs. HB 1934. By Representative Lane of the 27th: A bill to amend an Act to create the East Point Parking Authority, so as to change the composition and appointment of membership on the authority. Referred to Committee on Urban and County Affairs. WEDNESDAY, MARCH 4, 1992 1501 HB 1935. By Representative Lane of the 27th: A bill to amend an Act to create and establish the East Point Building Authority, so as to change the composition and appointment of membership on the authority. Referred to Committee on Urban and County Affairs. HB 1936. By Representative Lane of the 27th: A bill to amend an Act to create the East Point Business and Industrial Develop ment Authority, so as to change the composition and appointment of member ship on the authority. Referred to Committee on Urban and County Affairs. HB 1944. By Representatives Lord of the 107th and Parrish of the 109th: A bill to fix the compensation of the members of the Board of Education of Johnson County. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Education has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 769. Do pass as amended. SB 777. Do pass as amended. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the House and Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 729. Do pass. HB 1539. Do pass. SB 783. Do pass. HR 715. Do pass. HB 1194. Do pass. HR 829. Do pass. HB 1460. Do pass. HR 831. Do pass. HB 1299. Do pass. HR 841. Do pass. HB 1395. Do pass. HR 939. Do pass. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1263. Do pass by substitute. 1502 JOURNAL OF THE SENATE HB 1279. HB 1286. Do pass by substitute. Do pass by substitute. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 660. Do pass by substitute. HB 277. Do pass as amended. SB 790. Do pass. HB 601. Do pass. Respectfully submitted, Senator Kidd of the 25th 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 240. Do pass. HB 1470. Do pass. HB 1136. Do pass. HB 1519. Do pass by substitute. HB 1362. 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 510. Do pass. Respectfully submitted, Senator Dean of the 31st 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 1106. Do pass by substitute. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Transportation has had under consideration the following bill and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: WEDNESDAY, MARCH 4, 1992 1503 HB 1570. HR 839. HR 845. Do pass. Do pass. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 785. HB 1320. HB 1364. HB 1720. Do pass. Do pass. Do pass. Do pass. HB 1731. HB 1862. HB 1903. HB 1911. Do pass as amended. Do pass. Do pass. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 719. By Senators Moye of the 34th, Dean of the 31st and Ray of the 19th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerk of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct. SB 747. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties. SB 757. By Senator Burton of the 5th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of earning curriculum credits at the high school level; to provide for related matters; to provide an effective date. SB 770. By Senator Kidd of the 25th: A bill to amend Code Section 45-18-52 of the Official Code of Georgia Annotated, relating to the establishment of flexible employee benefit plans for state employ ees and certain others, so as to provide that the flexible employee benefit plan may provide for deductions or salary reductions for group property and casualty insurance. 1504 JOURNAL OF THE SENATE SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and Tate of the 38th: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Con gress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alco holic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date. SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and others: A bill to amend Article 6 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enrollment by institu tion; to change the method of calculating the amount of certain funding. SR 412. By Senators Dean of the 31st and Broun of the 46th: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizen's advisory council thereto. SR 431. By Senators Ragan of the 10th, Perdue of the 18th, Foster of the 50th and others: A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance. SR 479. By Senators Langford of the 35th, Walker of the 43rd and Tate of the 38th: A resolution designating jazz as the official music for the State of Georgia during the month of February. HB 573. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the De partment of Human Resources from making certain expenditures for certain ad ditional special facilities unless notice thereof is provided to the governing au thorities of counties or municipalities affected and to certain members of the General Assembly. HB 1175. By Representatives Oliver of the 53rd and Baker of the 51st: A bill to amend Code Section 29-5-13 of the Official Code of Georgia Annotated, relating to compensation and expenses in hearings for guardians of incapacitated adults, so as to provide that physicians or licensed psychologists performing cer tain evaluations or examinations shall receive compensation not to exceed $75.00. HB 1308. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquified petroleum gas; to provide for reenactment. HB 1312. By Representative Murphy of the 18th: A bill to amend Article 5 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, the "Aid to Dependent Children Act," so as to clarify the eligibility WEDNESDAY, MARCH 4, 1992 1505 of preschool age children for assistance; to provide that immunization of a pre school age dependent child shall be required for the receipt of assistance. HB 1344. By Representative Dunn of the 73rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the financial regulatory capabilities of the Commis sioner of Insurance; to provide for the acceptance of an examination of an insurer conducted by another state under certain conditions. HB 1400. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for cash management policies and procedures and for forms, reports, and plans; to provide for a cash management officer; to provide for fees for the state's banking services. HB 1476. By Representative Connell of the 87th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related orga nizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance is sued to certain business entities. HB 1655. By Representatives Buck of the 95th, Harris of the 84th and Birdsong of the 104th: A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law. HB 1658. By Representative Watson of the 114th: A bill to amend Code Section 34-26-6 of the Official Code of Georgia Annotated, relating to specific powers and duties of the Commissioner of Labor, so as to provide that the Commissioner of Labor shall have the power, jurisdiction, and authority to initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Coffins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray 1506 JOURNAL OF THE SENATE Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Garner Hammill Langford Shumake Taylor The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Johnson of the 47th introduced the chaplain of the day, Reverend Joseph Reid, Director of Athens-Clarke County Department of Human and Economic Development, Ath ens, Georgia, who offered scripture reading and prayer. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Wednesday, March 4, 1992 TWENTY-EIGHTH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 785 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a district. HB 1320 Deal, 49th Newbill, 56th FORSYTH COUNTY A bill to amend an Act creating a board of commissioners of Forsyth County, so as to change the composition of the districts from which the members of the board are elected. HB 1364 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to repeal an Act providing 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 in a resi dential area. WEDNESDAY, MARCH 4, 1992 1507 HB 1720 Hammill, 3rd MCINTOSH COUNTY A bill to provide for a board of elections for Mclntosh County. *HB 1731 Dawkins, 45th NEWTON COUNTY A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated regis tration periods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated. MENDMENT) HB 1862 Marable, 52nd FLOYD COUNTY A bill to amend an Act creating the Board of Commissioners of Floyd County, so as to change the terms of the members of the board from stag gered to concurrent. HB 1865 Baldwin, 29th TROUP COUNTY A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district. HB 1903 Hasty, 51st CITY OF NELSON A bill to provide a new charter for the City of Nelson, in Cherokee County. HB 1911 Broun, 46th Johnson, 47th JACKSON COUNTY A bill to provide a homestead exemption from all Jackson County and Jack son County School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that county and school district which have an annual earned family income not exceeding $18,000.00 and who are 62 years of age or over. The amendment and substitute to the following bills were put upon their adoption: *HB 1731: The Senate Committee on Urban and County Affairs offered the following amendments: Amend HB 1731 by striking line 19 of page 1 and inserting in lieu thereof the following: "election on the date of the general primary". On the adoption of the amendment, the yeas were 49, nays 2, and the amendment was adopted. 1508 JOURNAL OF THE SENATE HB 1865: Senator Baldwin of the 29th offered the following substitute to HB 1865: A BILL To be entitled an Act to provide for homestead exemptions from Troup County ad valorem taxes for county purposes, excluding taxes to retire bonded indebtedness, and from Troup County School District ad valorem taxes for educational purposes, excluding taxes to retire bonded indebtedness, for certain residents of that county and school district; to pro vide for definitions; to specify the terms and conditions of the exemptions and the proce dures relating thereto; to provide for a referendum; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. For the purposes of this Act, the term: (1) "Ad valorem taxes for county purposes" means all ad valorem taxes for county pur poses levied by, for, or on behalf of Troup County, but not including taxes to retire bonded indebtedness or county school district ad valorem taxes for educational purposes. (2) "Ad valorem taxes for educational purposes" means all ad valorem taxes for educa tional purposes levied by, for, or on behalf of the Troup County School District, but not including taxes to retire school bond indebtedness. (3) "Disabled" means any person who has been determined to be blind or disabled for purposes of receiving supplemental security income benefits under Title XVI of the Social Security Act (42 U.S.C.A. Sections 1381 et seq.), upon furnishing a proper copy of such determination. (4) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. Section 2. Each resident of Troup County who is 65 years of age or older or who is disabled is granted an exemption on that person's homestead from all Troup County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the as sessed value of that homestead. Section 3. Each resident of the Troup County School District who is 65 years of age or older or who is disabled is granted an exemption on that person's homestead from all Troup County School District ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of that homestead. Section 4. The tax commissioner of Troup County or the designee thereof shall provide application and affidavit forms for the exemptions granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemptions. Section 5. The exemptions shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemptions shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemptions under this Act to notify the tax commissioner of Troup County or the designee thereof in the event that person for any reason becomes ineli gible for such exemptions. Section 6. The exemptions granted by this Act shall not apply to or affect any state taxes. Section 7. The exemptions granted by this Act shall be in lieu of and not in addition to any other homestead exemption from Troup County ad valorem taxes for county purposes or Troup County School District ad valorem taxes for educational purposes. WEDNESDAY, MARCH 4, 1992 1509 Section 8. The exemptions granted by this Act shall apply to all taxable years beginning after December 31, 1992. Section 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Troup County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Troup County and the Troup County School District for approval or rejection. The election superintendent shall conduct that election on the date of the general election in November, 1992, and shall issue the call therefor not less than 30 nor more than 60 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 Troup County. The ballot shall have written or printed thereon the words: "[ ] YES [ ] NO Shall the Act be approved which provides for the following homestead ex emptions: (1) Troup County ad valorem taxes for county purposes, excluding taxes to retire bonded indebtedness, in the amount of $10,000.00 for qualified residents who are 65 or older or who are disabled and (2) Troup County School District ad valorem taxes for educational purposes, excluding taxes to retire bonded indebtedness, in the amount of $10,000.00 for quali fied residents who are 65 or over or who are disabled?" 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 8 of this Act, then Sections 1 through 8 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, 1993; otherwise this Act shall be void and of no force and effect and shall be automatically repealed upon the date the elec tion results are certified under this section. In the event the election provided for in this section is not conducted on or before the Tuesday after the first Monday in November, 1992, this Act shall stand repealed in its entirety on December 31, 1992. The expense of such election shall be borne by Troup County. It shall be the superin tendent's duty to certify the result thereof to the Secretary of State. Section 10. Except as otherwise provided in Section 9 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 11. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 49, nays 2, 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 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: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson 1510 JOURNAL OF THE SENATE Kidd Marable ?erdue PhmLs p0Har{j Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Langford and Newbill. Those not voting were Senators: Collins Garner Moye Ray Shumake On the passage of all the local bills, the yeas were 49, nays 2. All the bills on the Senate Local Consent Calendar, except HB 1731 and HB 1865, having received the requisite constitutional majority, were passed. HB 1731, having received the requisite constitutional majority, was passed as amended. HB 1865, having received the requisite constitutional majority, was passed by substitute. The following uncontested population bills of the Senate and House, favorably reported by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, were put upon their passage: SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS Wednesday, March 4, 1992 TWENTY-EIGHTH LEGISLATIVE DAY SB 738 Marable, 52nd FLOYD COUNTY Dawkins, 45th DAWSON COUNTY A bill to amend an Act providing that in certain counties the governing au thorities thereof shall adopt a uniform central accounting and bookkeeping system, so as to change the population brackets. SB 739 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th WEDNESDAY, MARCH 4, 1992 1511 Newbill, 56th COBB COUNTY A bill to amend an Act abolishing the office of county treasurer in counties having a certain population, so as to repeal the said Act. SB 740 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend Code Section 21-3-134 of the O.C.G.A., relating to municipal ities' lists of electors, so as to change the population figures describing those counties in which registered voters residing within certain municipalities shall be added to the voter registration list. SB 741 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Phillips, 9th White, 48th GWINNETT COUNTY A bill to amend Code Section 20-2-51 of the O.C.G.A., relating to members of county school boards, so as to change the population figures describing the counties in which a vacancy on the county board of education is created when a member of the county board qualifies for nomination or election to any other elective governmental office. SB 742 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th Steinberg, 42nd Henson, 55th FULTON COUNTY CITY OF ATLANTA Ragan, 32nd Thompson, 33rd 1512 JOURNAL OF THE SENATE Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act authorizing boards of education of certain cities and counties to establish, operate, and pay cost of schools on a 24 hour basis, so to change the population figures describing the cities and counties affected. SB 743 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend Code Section 36-5-22 of the O.C.G.A., relating to authorizing county managers, so as to change the population figure describing counties in which the county governing authority or the General Assembly is not author ized to create the office of county manager. SB 748 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act restricting the rezoning of land annexed by munici palities within certain counties, so as to revise the population figures describ ing the counties to which such Act applies. SB 749 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd WEDNESDAY, MARCH 4, 1992 1513 Clay, 37th Newbill, 56th COBB COUNTY Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend Code Section 20-8-1 of the O.C.G.A., relating to definitions of terms relating to campus police officers, so as to change the population figure describing counties in which an expanded definition of "campus" applies. SB 750 Baldwin, 29th CITY OF WEST POINT A bill to amend Code Section 35-8-19 of the O.C.G.A., relating to the ap pointment of a citizen of an adjoining state as a peace officer in certain cities, so as to remove the population figures. SB 753 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend Code Section 53-6-90 of the O.C.G.A., relating to appoint ment of county administrator and assistant county administrators, so as to change the population figure describing counties in which the judge of the probate court is authorized to appoint one or more assistant county adminis trators. SB 754 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend Code Section 21-3-133 of the O.C.G.A., relating to purging of a municipality's list of electors, so as to change the population figures describing the counties which encompass municipalities which shall affix postage to return cards for continuance of registration. 1514 JOURNAL OF THE SENATE HB 1645 Foster, 50th UNION COUNTY DAWSON COUNTY A bill to amend Code Section 40-13-21 of the Official Code of Georgia Anno tated, relating to general powers and jurisdiction of probate and municipal courts in traffic cases, so as to repeal the authority of the clerk of the superior court in certain counties to attend probate court in traffic cases. HB 1652 Dean, 31st POLK COUNTY Ragan, 10th DECATUR COUNTY Foster, 50th HABERSHAM COUNTY Harris, 27th UPSON COUNTY Hill, 4th EFFINGHAM COUNTY Ramsey, 54th MURRAY COUNTY A bill to amend an Act to abolish the office of county treasurer in counties having a certain population, so as to repeal said Act. HB 1818 Perdue, 18th HOUSTON COUNTY A bill to amend an Act providing for a board of elections in counties having certain population brackets, so as to change the provisions relative to popula tion. SB 758 Turner, 8th CITY OF QUITMAN Starr, 44th CITY OF MORROW Hooks, 14th CITY OF DAWSON A bill to repeal an Act fixing the compensation of certain officials of cities which have a certain population. HB 1231 Dawkins, 45th NEWTON COUNTY Dean, 31st POLK COUNTY A bill to amend Chapter 62 of Title 36 of the Official Code of Georgia Anno tated, relating to development authorities, so as to update certain population figures relating to the authority of certain boards of directors of development authorities. HB 1558 Turner, 8th LOWNDES COUNTY WEDNESDAY, MARCH 4, 1992 1515 Huggins, 53rd Ramsey, 54th WHITFIELD COUNTY A bill to repeal an Act providing for a board of elections in certain counties. 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 GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Marable Newbill Perry Ragan of 10th Ray Robinson Scott Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Garner Hill Langford Moye Perdue Phillips Pollard Ragan of 32nd Ramsey Shumake Starr Steinberg Walker of 22nd On the passage of all the population bills, the yeas were 43, nays 0. All the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, having received the requisite constitutional majority, were passed. Senator Ray of the 19th introduced several people involved in the Youth Art Month program, which was commended by SR 415, adopted previously. SENATE RULES CALENDAR Wednesday, March 4, 1992 TWENTY-EIGHTH LEGISLATIVE DAY SB 615 Fair Housing--define discrimination of handicapped (Substitute) (S Judy--15th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 2, 1992.) SB 751 Crime Victim Compensation Board--assign to Office of Planning and Budget for federal funds (Substitute) (S Judy--55th) HB 1039 Manufactured Homes, Mobile Homes--licensure (Substitute) (I&L--51st) 1516 JOURNAL OF THE SENATE HB 588 Employees' Retirement--additional judicial employees (Ret--4th) HB 1434 Hearing Aid Dealers, Speech-Language Pathologists--license exceptions (H&HS--22nd) HB 1392 Game and Fish--certain new licenses, tags (Amendment) (Nat R--16th) HB 1287 Tuition Equalization Grants--redefine "approved school" (Ed--44th) HB 711 Firemen's Pension Fund--continue membership certain persons (Ret--38th) HB 576 Funeral Directors, Embalmers--registration of apprenticeship (Substitute) (Gov Op--30th) HB 1612 Corporations--certain presumptions of authority (Judy--29th) HB 1229 Municipal Employees Benefit System--certain local authority participate (Ret--24th) HB 521 Candidate Contribution--article apply to all elected public officers (Substitute) (Ethics--49th) HB 1283 Escrow Accounts Kept by Real Estate Brokers--federally insured, bear interest (B&FI--8th) HB 1210 Loan Brokers--prohibitions, powers of Department of Banking and Finance (Amendment) (B&FI--8th) HB 1387 Department of Natural Resources--volunteer services to facilitate objectives on public land, property (Nat R--16th) HR 778 Athens/Clarke, Macon/Bibb, Others--sale of certain state property (F&PU--44th) HB 309 Employee Retirement Benefits--maximum hours to work before cessation (Ret--38th) HB 1459 Mobile, Modular Homes over 14 Feet--single-trip permits (Trans--19th) HB 1241 Agricultural Product Dealers--ownership transfer, product payment (Ag--21st) HB 1234 Title 47 (Retirement)--correct errors, omissions (Ret--24th) HB 1545 Judicial Sale Ads--standards for official organ designation (S Judy--45th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bills of the Senate, having been read the third time and final action suspended on March 2, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 615. By Senators Bishop of the 15th, Dawkins of the 45th, Johnson of the 47th and others: A bill to amend Article 4 of Chapter 3 of Title 8 of the Official Code of Georgia Annotated, relating to fair housing, so as to change the state policy regarding fair housing; to change the definition of a certain term; to define an additional term; to further define what discrimination includes with regard to handicapped per sons; to change certain provisions relating to the powers and duties of the administrator. The substitute to SB 615 offered by Senators Bishop of the 15th and Edge of the 28th on March 2, as it appears in the Journal of March 2, 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. WEDNESDAY, MARCH 4, 1992 1517 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: Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Newbill Perry Phillips Pollard Ragan of 10th Ramsey Robinson Starr Steinberg Tate Taylor Timmons Turner Tysinger White Those not voting were Senators: Albert Bowen Deal Garner Hooks Moye Perdue Ragan of 32nd Ray Scott Shumake Thompson , ,,,, , Walker of 22nd Walker of 43rd On the passage of the bills, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Deal of the 49th introduced Mrs. Cola Mintz, who, along with her husband, George Mintz, having been commended by SR 517, adopted previously, briefly addressed the Senate. The following general bills of the Senate and House, favorably reported by the commit tees, were read the third time and put upon their passage: SB 751. By Senators Henson of the 55th and Walker of the 43rd: A bill to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds. The Senate Committee on Special Judiciary offered the following substitute to SB 751: A BILL To be entitled an Act to amend Chapter 15 of Title 17 of the Official Code of Georgia Annotated, relating to victim compensation, so as to revise various provisions so as the State of Georgia may continue to be eligible for federal funds; 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 15 of Title 17 of the Official Code of Georgia Annotated, relating to 1518 JOURNAL OF THE SENATE victim compensation, is amended by striking subsections (a), (b), and (f) of Code Section 17-15-7, relating to persons eligible for awards, and inserting in lieu thereof the following: "(a) Except as otherwise provided in this Code section, the following persons are eligi ble for awards pursuant to this chapter: (1) A victim; (2) A dependent spouse or child of a victim; (3) Any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to lawfully apprehend lawfully a person reasonably suspected of having committed a crime, or to aid the victim of a crime or any person who is injured or killed while aiding or attempting to aid a law enforcement officer in the prevention of crime or apprehension of a criminal at the officer's request; or Any person who is a member of the family of a pcnaon committing a crime when it ia in the interest of justice to award emergency funds victim of family violence as defined by Code Section 19-13-1 and anyone who is a victim as a result of a violation of Code Section 40-6-391. (b) (1) Victims may be legal residents or nonresidents of this state. However, the crime must have been committed in this state in order to qualify for an award under this chapter. No victim, whether a legal resident of this state or another state, is entitled to receive com pensation pursuant to this chapter if such person has received crime victims compensation pursuant to a similar law of another state or was the victim of a crime committed in another state where an eligible crime victims compensation statute exists. A victim of a crime com mitted in another state, which victim is a legal resident of this state, may receive compensa tion pursuant to this chapter if that other state does not have an eligible crime victims compensation program. A surviving spouse, parent, or child who is legally dependent for his principal support upon a deceased victim is entitled to file a claim under this chapter if the deceased victim would have been so entitled, regardless of the residence or nationality of the surviving spouse, parent, or child. (2) Victims of crimes occurring within this state who are subject to federal jurisdiction shall be compensated on the same basis as resident victims of crime." "(f) Unlcaa the board shall determine in a particular case that the interests of justice require otherwise, a member of the family of a person who is criminally responsible for the crime upon which a claim is baaed or who ia an accomplice of such a person shall not be eligible to receive an award with rcapcct to such claim. For the purposes of this subsection, the term 'family,' when used with reference to a person, shall mean. (1) Any person related to such person within the thifd degree of consanguinity or nffinitV (2) Any pcraon maintaining a sexual relationship with ouch person, or (3) Any pcraon rcaiding in the same houachold with ouch pcraon. (f) There shall be no denial of compensation to a victim based on that victim's familial relationship with the person who is criminally responsible for the crime." Section 2. Said chapter is further amended by striking subsection (b) of Code Section 17-15-8, relating to required findings, amount of awards and rejection of claims, and in serting the following: "(b) Any award made pursuant to this chapter may be in an amount not exceeding actual expenses, including indebtedness reasonably incurred for medical acrvicca, lost wages expenses, loss of wages, funeral expenses, mental health counseling, or support for dependents of a deceased victim necessary as a direct result of the injury or hardship upon which the claim is based." Section 3. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 4, 1992 1519 On the adoption of the substitute, the yeas were 34, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Coeman Collins Dawkins >ean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson ffiu Hooks f^gins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ramsey Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal Garner Ragan of 32nd Ray Shumake Steinberg Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. HB 1039. By Representatives Dixon of the 128th, Kilgore of the 42nd and Watson of the 114th: A bill to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes. Senate Sponsor: Senator Hasty of the 51st. The Senate Committee on Insurance and Labor offered the following substitute to HB 1039: A BILL To be entitled an Act to amend Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, so as to require the licensure of dealers of new and used manufactured homes and mobile homes; to regulate 1520 JOURNAL OF THE SENATE the installation of manufactured homes and mobile homes; to define certain terms; to au thorize and direct the Georgia Safety Fire Commissioner to perform certain duties; to pro vide for the licensure of certain persons installing manufactured homes and mobile homes; to provide for regulations governing such installations; to provide for exemptions; to provide for penalties; to provide for preemption of local regulation; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to factory built buildings and dwelling units, is amended by striking in its entirety Code Section 8-2-131, relating to definitions applicable to uniform standards for manufac tured homes, and inserting in lieu thereof the following: "8-2-131. As used in this part, the term: (1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Dealer' means any person who sells or offers for sale to consumers three or more newlTr used manufactured homes or mobile homes in a 12 month period. Such term shall not include a person who sells or offers for sale one or more manufactured homes or mobile homes in conjunction with the transfer of an interest in land. 43} (3) 'Manufactured home' means a structure, transportable in one or more sections, which iifthe traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of hous ing and urban development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (4) 'Manufacturer' means any person who constructs or assembles manufactured housing. (5) 'Mobile home' means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when con nected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and manufactured prior to June 15, 197C" Section 2. Said article is further amended by striking in its entirety subsection (c) of Code Section 8-2-135, relating to the licensure of manufacturers and dealers of manufac tured homes, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) Every dealer who sells or offers for sale new or used manufactured homes or mobile homes in Georgia shall apply for and obtain a license." Section 3. Said article is further amended by inserting at the end thereof a new Part 3 to read as follows: "Part 3 8-2-160. As used in this part, the term: (1) 'Commissioner' means the Georgia Safety Fire Commissioner. (2) 'Installation' means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home. WEDNESDAY, MARCH 4, 1992 1521 (3) 'Installer' means a person responsible for performing an installation and who is re quired to obtain a license pursuant to the provisions of Code Section 8-2-164. (4) 'Manufactured home" means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foun dation when connected to the required utilities and includes the plumbing, heating, airconditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size require ments and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban development and complies with the standards estab lished under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq. (5) 'Manufacturer' means any person who constructs or assembles manufactured housing. (6) 'Mobile home' means a new or used structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein and built prior to June 15, 1976. (7) 'Person' means an individual, corporation, partnership, association, or any other le gal entity, but shall not include a trust or the state or any political subdivision thereof. 8-2-161. It shall be the authority and duty of the Commissioner to: (1) Establish rules and procedures for the licensure of installers as provided by Code Section 8-2-164 and the implementation and collection of an annual license fee, which shall be $100.00; and (2) Establish and publish rules and regulations governing the installation of manufac tured homes and mobile homes to be followed in instances in which no manufacturer's in stallation instructions are available. Such rules and regulations shall be equivalent to usual and ordinary manufacturer's installation instructions and Appendix H of the State Building Code. 8-2-162. The Commissioner is charged with the full authority to administer this part. He may make, amend, alter, and repeal general rules and regulations of procedure to carry into effect this part, to obtain statistical data concerning manufactured homes and mobile homes, and to prescribe means, methods, and practices to make this part effective. The Commissioner may also make such investigations of consumer complaints relating to instal lations as in his judgment are necessary to enforce and administer this part. 8-2-163. It shall be unlawful for any person to perform an installation of a manufac tured home or a mobile home, without regard to whether such person receives compensation for such action, except as provided in this part. 8-2-164. Any installer performing any installation of a manufactured home or a mobile home in this state shall first obtain a license from the Commissioner; provided, however, that persons employed by or contracting with a licensed installer to perform installations shall not be required to obtain such license. The provisions of this Code section shall not apply to a person who installs a mobile home or manufactured home on real property owned by such person; provided, however, that any such person shall comply with all other applica ble provisions of this part. 8-2-165. Any installation of a manufactured home or a mobile home in this state shall be performed in strict compliance with the applicable manufacturer's installation instruc tions, specifically including, without limitation, correctly installed tie-downs and anchors. In 1522 JOURNAL OF THE SENATE the absence of such instructions, installations shall be performed in accordance with the applicable rules and regulations adopted by the Commissioner. 8-2-166. Any person convicted of a violation of this part shall be guilty of a misde meanor and may be penalized by a fine of not more than $500.00 for each such violation, and by the suspension or revocation of licensure. Multiple violations of this part occurring in a single installation shall constitute one violation. Each installation performed in viola tion of this part shall constitute a separate violation. 8-2-167. No political subdivision may adopt or enforce any requirement not consistent with this part. 8-2-168. (a) The adoption of rules and conduct of hearings under this part shall be in compliance with the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Proce dure Act.' (b) The Commissioner is authorized to provide by regulation the manner in which he will conduct presentations of views during his participation as the Georgia administrative agency as required by the federal National Manufactured Home Construction and Safety Standards Act of 1974, 42 U.S.C. Section 5401, et seq." Section 4. For purposes of making rules as provided in Code Section 8-2-162, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes this Act shall become effective on January 1, 1993. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0 and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Tate Taylor Thompson Timmons Turner Tysinger White Those not voting were Senators: Bishop Bowen Broun of 46th Deal (presiding) Garner Johnson Scott Shumake Starr Steinberg Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. WEDNESDAY, MARCH 4, 1992 1523 The bill, having received the requisite constitutional majority, was passed by substitute. HB 588. By Representatives Oliver of the 121st, Murphy of the 18th, Groover of the 99th and others: A bill to amend Code Section 47-2-266 of the Official Code of Georgia Annotated, relating to membership of certain judicial employees in the Employees' Retire ment System of Georgia, so as to provide for additional judicial employees; to authorize creditable service for certain prior service. Senate Sponsor: Senator Hill of the 4th. 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 State Representative FROM: G. W. Hogan, State Auditor DATE: July 12, 1991 SUBJECT: House Bill 588 (Substitute) (LC 21 1223S) Employees' Retirement System This bill provides for membership of additional judicial employees employed on or after July 1, 1992 to the Employees' Retirement System. The bill also authorizes creditable ser vice for certain prior service as a judicial employee. Application for prior service must be made prior to July 1, 1993. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 588 (LC 21 1223S) Employees' Retirement System This bill provides for membership of additional judicial employees employed on or after July 1, 1992 to the Employees' Retirement System. The bill also authorizes creditable ser vice for certain prior service as a judicial employee. Application for prior service must be made prior to July 1, 1993. The following is a summary of the relevant findings of the actuarial investigation for 1524 JOURNAL OF THE SENATE this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 6,000 (2) The amount of annual normal cost which will result from the bill. $ 2,000 (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 8,000 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor September 24, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 588 (LC 21 1223S) As requested, we have made an actuarial investigation of the impact of House Bill 588 (LC 21 1223S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide for the membership of certain judicial employees in the Em ployees' Retirement System. Our calculations covered two such employees with total annual compensation of $47,328. The following table shows the unfunded actuarial accrued liability and recommended employer contributions under the Employees' Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. WEDNESDAY, MARCH 4, 1992 1525 Unfunded Actuarial Accrued Liability Annual Contribution Before Amendment $ 1,053,440 Annual % Amount After Amendment $ 1,053,446 Annual % Amount Increase $6 Annual % Amount Normal 4.97% $ 79,520 4.97% $ 79,522 0% $2 Accrued Liability 5.67 90,720 5.67 90,723 0 3 Cost-of-Living 1.75 28,000 1.75 28,001 0 1 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,246 0% $6 4.75 76,000 4.75 76,002 0 2 Total 17.14% $ 274,240 17.14% $ 274,248 0% $8 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson Is/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Starr Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators Albert and Collins. Those not voting were Senators: Dawkins Deal (presiding) English Johnson Newbill Ragan of 32nd Scott Shumake Steinberg Thompson White 1526 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 43, nays 2. The bill, having received the requisite constitutional majority, was passed. HB 1434. By Representative Dixon of the 151st: A bill to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain exceptions to the require ments for licensing hearing aid dealers and dispensers and speech-language pathologists and audiologists. Senate Sponsor: Senator Walker of the 22nd. Senator Kidd of the 25th offered the following substitute to HB 1434: A BILL To be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain exceptions to the require ments for licensing hearing aid dealers and dispensers and speech-language pathologists and audiologists; to change the definition provisions relating to speech-language pathology and audiology; to provide for the reprimanding of licensees and for the denial, nonrenewal, sus pension, or revocation of licenses of audiologists who engage in certain actions while engaged in the practice of selling or dispensing hearing aids; to require an audiologist engaged in the practice of selling or dispensing hearing aids to furnish a bill of sale and receipt to a person supplied with a hearing aid; to provide for duplicate licenses and for the posting of licenses of audiologists engaged in the practice of selling or dispensing hearing aids; to repeal con flicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by striking subsection (a) of Code Section 43-20-19, relating to exceptions to licensing of hearing aid dealers and dispensers, and inserting in its place a new subsection to read as follows: "(a) This chapter shall not apply to a person who is a physician licensed to practice medicine in this state or to a person who is licensed as an audiologist under Chapter 44 of this title." Section 2. Said title is further amended by adding immediately following paragraph (2) of Code Section 43-44-3, relating to definitions regarding speech-language pathology and audiology, new paragraphs to read as follows: "(2.1) 'Dispensing hearing aids' means providing hearing aids to a consumer by sale, rental, lease, or otherwise and includes, without being limited to, conducting testing and other procedures to determine suitability for use of a hearing aid, to determine hearing aid characteristics which properly compensate the hearing condition, to select suitable hearing aids, to fit hearing aids to the subject, and to counsel and instruct in the use thereof. (2.2) 'Hearing aid' means any wearable electronic instrument or device designed for or represented or offered for the purpose of compensating for defective human hearing, includ ing parts, attachments, ear molds, and accessories, except batteries, cords, replacement tub ing, and minor service limited to the removal of battery corrosion." Section 3. Said title is further amended by striking paragraph (6) of Code Section 4344-3, relating to definitions regarding speech-language pathology and audiology, and in serting in its place a new paragraph to read as follows: "(6) 'The practice of audiology' means the application of principles, methods, and pro cedures of measurement, testing, evaluation, prediction, consultation, counseling, instruc tion, and research related to hearing and disorders of hearing for the purpose of modifying communicative disorders involving speech, language, auditory behavior, or other aberrant WEDNESDAY, MARCH 4, 1992 1527 behavior related to hearing loss; dispensing hearing aids; and the planning, directing, con ducting, or participating in programs of identification, hearing conservation, habilitation, and rehabilitation, including hearing aid recommendation and evaluation procedures such as, but not limited to, specifying amplification requirements and evaluation of the results thereof, auditory training, and speech reading." Section 4. Said title is further amended by adding at the end of Code Section 43-44-6, relating to general powers and duties of the State Board of Examiners for Speech-Language Pathology and Audiology, a new subsection (c) to read as follows: "(c) In addition to any other penalties as provided for in this chapter, the board is authorized to reprimand any licensed audiologist engaged in the practice of selling or dis pensing hearing aids and to suspend, revoke, or otherwise sanction an audiologist's license for a fixed period or to refuse to renew or to deny the license, upon affording an opportunity for a hearing, if an audiologist is found guilty of unethical conduct by the board or by some other tribunal or court of law. Unethical conduct shall include: (1) Fraud or misrepresentation in the dispensing of a hearing aid; (2) Knowingly employing, directly or indirectly, any suspended or unlicensed person to perform any service of an audiologist covered by this chapter; (3) Using, or causing or promoting the use of, any advertising material, promotional literature, testimonial, guarantee, warranty, label, brand, insignia, or any other representa tion, however disseminated or published, which is misleading, deceptive, or untruthful; (4) Advertising a particular model or type of hearing aid for sale when purchasers or prospective purchasers responding to the advertisement cannot purchase the advertised model or type and where it is determined that the purchase of the advertisement is to ob tain prospects for the sale of a different model or type than that advertised; (5) Representing that the services or advice of a licensed physician will be used or made available in the selection, adjustment, maintenance, or repair of hearing aids when that is not true or using the words 'hearing center,' 'doctor,' 'ear specialist,' 'clinic,' 'state licensed clinic,' 'state registered,' 'state certified,' 'state approved,' or any other term, abbreviation, or symbol when it would falsely give the impression that one is being treated medically or that the licensee's service has been recommended by the state; (6) Representing or implying that a hearing aid device or instrument is or will be 'cus tom made,' 'made to order,' 'prescription made,' or in any other sense specially fabricated for an individual person when such is not the case; (7) Representing that a recommendation for a specific brand or model aid or source of product or service has resulted from an unbiased or impartial process when such is not the case; (8) Permitting another to use an audiologist's license; (9) Advertising a manufacturer's product or using a manufacturer's name or trademark which implies a relationship with the manufacturer that does not exist; (10) Giving or receiving, directly or indirectly, or offering to give or receive money or anything of value to any person who advises another in a professional capacity as an induce ment to influence or have such person influence others to purchase or contract to purchase any product sold or offered for sale by a licensee or to influence persons to refrain from dealing in the products of competitors; or (11) Selecting or fitting a hearing aid for a person who has not been given the appropri ate tests utilizing procedures and instrumentation as specified by Chapter 20 of this title." Section 5. Said title is further amended by striking subsection (e) of Code Section 43-44-7, relating to exemptions from licensing requirements to practice speech-language pa thology and audiology, and inserting in its place a new subsection to read as follows: "(e) (1) Nothing in this chapter shall be construed to entitle any person licensed under 1528 JOURNAL OF THE SENATE this chapter to engage in the practice of selling and dispensing hearing aids unless such person also holds a valid license na a hearing aid dealer or dispenser, which liccnoc ia iaaucd under the laws of thia state is licensed as an audiologist under this chapter. (2) When more than one office or place of business is operated by a licensed audiologist engaged in the practice of selling or dispensing hearing aids, a duplicate license shall be obtained from the joint-secretary for each such location or place regularly carrying on the practice of dispensing hearing aid devices or instruments upon the payment of an additional appropriate tee for each duplicate license. The address of the location or place of doing business shall be stated on the duplicate license, which shall be posted at the location." Section 6. Said title is further amended by adding between Code Sections 43-44-11 and 43-44-12 a new Code Section 43-44-11.1 to read as follows: "43-44-11.1. Any licensed audiologist who dispenses hearing aid devices or instruments shall deliver to each person supplied with a hearing aid device or instrument a written re ceipt or bill of sale in such form as may be prescribed by the board, which receipt or bill of sale shall contain, as a minimum, the dealer's name, license number, address, and schedule of office hours, as well as the dispenser's name, signature, and license number, together with specification as to the make and model and serial number of the hearing aid device or in strument furnished. The receipt or bill of sale shall also clearly state the full terms of sale, including guarantees, if any, and shall also contain such other information as the board may determine to be necessary in the public interest. If a hearing aid device or instrument which is not new is sold, the receipt therefor must be clearly marked 'used' or 'reconditioned,' whichever is applicable, with the terms of the guarantee, if any, clearly stated." Section 7. All laws and parts of laws in conflict with this Act are repealed. Senator Kidd of the 25th offered the following amendment: Amend the substitute to HB 1434 offered by Senator Kidd of the 25th by adding in the title on line 14 of page 1 between the word "duplicate" and the word "licenses" the word "business". By adding on line 1 of page 6 between the word "duplicate" and the word "license" the word "business". By adding on line 6 of page 6 between the word "duplicate" and the word "license" the word "business". By adding on line 8 of page 6 between the word "duplicate" and the word "license" the word "business". On the adoption of the amendment, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert English Garner Harris Huggins Kidd Marable Moye Ramsey Taylor Tysinger Walker of 43rd Those voting in the negative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Echols Edge Egan Foster Gillis Hammill Hasty Henson Hill Johnson Newbill WEDNESDAY, MARCH 4, 1992 1529 Perdue Perry PPhoillllairpds Ragan of 10th Ragan of 32nd Ray Robinson SSctaortrt Steinberg Tate Thompson Timmons Tlurner Walker of 22nd White Those not voting were Senators: Dawkins Deal (presiding) Dean Hooks Langford Shumake On the adoption of the amendment by Senator Kidd of the 25th to the substitute of fered by Senator Kidd of the 25th, the yeas were 12, nays 38, and the amendment was lost. On the adoption of the substitute offered by Senator Kidd of the 25th, the yeas were 7, nays 34, and the substitute was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Coleman Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Kidd. Those not voting were Senators: Dawkins Deal (presiding) Hooks Langford Ramsey Shumake On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair. 1530 JOURNAL OF THE SENATE HB 1392. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Section 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats. Senate Sponsor: Senator Robinson of the 16th. The Senate Committee on Natural Resources offered the following amendment: Amend HB 1392 by striking on line 25 of page 2 the number "100.00" and inserting in lieu thereof the number "60.00". By striking on line 28 of page 2 the number "100.00" and inserting in lieu thereof the number "60.00". On the adoption of the amendment, the yeas were 29, 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 Bowen Broun of 46th Brown of 26th Coleman Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Burton Clay Collins Newbill Perry Phillips Ragan of 32nd Thompson White Not voting were Senators Henson and Shumake. On the passage of the bill, the yeas were 45, nays 9. The bill, having received the requisite constitutional majority, was passed as amended. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. WEDNESDAY, MARCH 4, 1992 1531 Governor Zell Miller informed the Senate on March 3, 1992, that he had line item ve toed the following Sections in HB 1262 (Appropriations for Fiscal Year 1991-1992): Section 60, Page 65, first paragraph: "It is the intent of this General Assembly to maintain, as a minimum, the same level of direct treatment staff in the extended care and forensic programs of each MH-MR-SA insti tution for fiscal year 1992 that was authorized in fiscal year 1987." Section 63, Pages 69 and 70, last paragraph on Page 69: "Employees whether in the classified service or are serving in an unclassified position who are so employed on the effective date of this Act and who are laid off as a result of budget reductions in this amendatory Act to the "General Appropriations Act" for State Fiscal Year 1991-1992 shall retain status in and will have the right to be reinstated to a position in the class in their competitive area for a period of two years from the date of separation. The reinstatement shall be in inverse order to the order of layoff. A refusal by the employee of reinstatement upon reasonable notice by the appointing authority nullifies the right to reinstatement under this provision." Section 65, Page 71: "Section 65. Provisions Relative to Section 31. Department of Public Safety. It is the intent of this General Assembly that the issuance of unmarked cars shall be made in accor dance with the Rules and Regulations issued by the Commissioner of Public Safety." Section 69, Page 74, paragraph i.): "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." Section 69, Page 74, fourth complete paragraph: "It is the intent of this General Assembly that four-laned bridges be constructed ac cording to State specifications on State Road 87 (U.S. 23) at Richland Creek, Scuffle Creek, Savage Creek, Flat Creek and Dry Branch." Section 77, Pages 77 and 78: "Section 77. 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 availa ble for their use, including but not limited to the Georgia Interactive Statewide Telecommu nications Network either directly or indirectly." Section 81, Page 80: "Section 81. 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 be thereupon be unavailable for expenditure unless re-appropriated by the Georgia General Assembly. This provision shall not apply to project grant funds not appropriated in this Act." Senator Hasty of the 51st introduced the doctor of the day, Dr. G. H. Perrow, of Jasper, Georgia. Senator Deal of the 49th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:06 o'clock P.M. until 1:40 o'clock P.M. At 1:40 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, called the Sen ate to order. 1532 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 1287. By Representatives Cummings of the 17th, McBee of the 68th, Lane of the 27th and Jamieson of the llth: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions regarding tuition equalization grants, so as to change the definition of "approved school". Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan Garner Gillis Hammill Harris Hasty Hooks Huggins Kidd Marable Moye Newbill 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 Those not voting were Senators: Alien BishP . . Deal (presiding) English Foster Henson Hiu Johnson Langford Scott Shumake Steinberg Timmons White On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 711. By Representatives Baker of the 51st, Cummings of the 17th and Alford of the 57th: A bill to amend Code Section 47-7-82 of the Official Code of Georgia Annotated, relating to membership in the Georgia Firemen's Pension Fund by a fire depart ment employee other than a fireman or volunteer fireman, so as to authorize con tinued membership for certain persons having certain administrative oversight responsibilities. Senate Sponsor: Senator Tate of the 38th. WEDNESDAY, MARCH 4, 1992 1533 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 Thurbert E. Baker State Representative FROM: G. W. Hogan, State Auditor DATE: February 11, 1991 SUBJECT: House Bill 711 (LC 21 1003) Georgia Fireman's Pension Fund - Administrative This bill would allow certain members of the Georgia Firemen's Pension Fund to retain continued membership in the Fund after appointment to a position having certain adminis trative oversight responsibilities over a fire department. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. 1*1 G. W. Hogan State Auditor 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 711 (LC 21 1003) Georgia Fireman's Pension Fund This bill would allow certain members of the Georgia Firemen's Pension Fund to retain continued membership in the Fund after appointment to a position having certain adminis trative oversight responsibilities over a fire department. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 69,000 (2) The amount of annual normal cost which will result from the bill. $___1,000 (3) The employer contribution rate currently in effect. $ 8,242,000 (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 7,349,000 1534 JOURNAL OF THE SENATE (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor Honorable G. W. Hogan, State Auditor Department of Audits 254 Washington Street, Room 214 Atlanta, Georgia 30334 1. Actuarial investigation following Department of Audits general format. 2. RE: Actuarial investigation of H.B. No. 711 and LC 21-1003. 3. As requested, we have made an actuarial investigation of the impact of (HB No. 711 and LC 21-1003) on the (Georgia Firemen's Pension Fund) in accordance with the require ments of Code Section 47-20-36. 4. This bill would allow a member who was appointed to an administrative position involving oversight of the operation of a fire department to continue membership in the fund provided that the member had at least 15 years of service in the fund at the time of appointment. 5. The cost of this proposed legislation would be $6,000 in the first year. The increase in unfunded actuarial accrued liability would be $69,000. See Item 7 for analysis. 6. The following table reflects the unfunded actuarial accrued liability projected mini mum funding standards before and after the proposed legislation. The projected minimum funding standards are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are in $ thousands. Accrued Liability Actuarial Value of Assets Unfunded Actuarial Accrued Liability Total Service Cost Contribution to the Fund Before Legislation (in OOO's) $ 182,058 $ 142,906 $ 39,152 $ 3,737 $ 8,242 After Legislation (in OOO's) $ 182,127 $ 142,906 $ 39,221 $ 3,738 $ 8,242 Increase Due to Legislation (in OOO's) $ 69 $0 $ 69 $1 $0 Projected Minimum Funding Standards* Total Service Cost $ 3,737 $ 3,738 p -i*- Past Service Amortization $ 5,746 $ 5,751 $5 Expected Member Dues $ (1,062) $ (1,062) $0 Interest on cumulative excess of prior year $ (1,078) $ (1,078) $0 contributions over minimum requirements Projected Minimum Funding Standards 7,343 7,349 $6 WEDNESDAY, MARCH 4, 1992 1535 Expected Taxes Collected 8,242 8,242 $0 Excess of expected tax revenues over minimum required contribution 899 893 $ (6) *Without using $17,960,129 cumulative excess of prior year contributions over minimum contributions as of 6/30/91. 7. Concluding remarks: H.B. No. 711 has the potential to be a fiscal bill since it allows for the improvement of benefits for firemen who become administrators after at least 15 years of service in the fund. In order to be a fiscal bill in practice, at least one administrator would have to be eligible for continued membership. John Kilpatrick with the Georgia Fire men's Pension Fund informed us that two administrators are currently eligible for contin ued membership. We have assumed that both would elect to be reinstated under this bill. The cost of the bill on this basis is $6,000. Since the expected taxes would still exceed the minimum funding standards if these two administrators were allowed back in the fund, there would be no funding deficiency on this basis. The cost could be higher in the future if other administrators become eligible. 8. Person preparing actuarial investigation of H.B. No. 711 and LC 21-1003: Gene B. Fife, A.S.A., Associate Consultant at Alexander & Alexander Consulting Group. Gene B. Fife Signature 10/2/91 Date Senator Tate of the 38th moved that HB 711 be committed to the Senate Committee on Retirement. On the motion, the yeas were 33, nays 0; the motion prevailed, and HB 711 was com mitted to the Senate Committee on Retirement. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Governmental Operations, and favorably reported by the committee, was put upon its passage: HB 576. By Representative Lord of the 107th: A bill to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to modify the provisions for registration of apprenticeship. Senate Sponsor: Senator Garner of the 30th. The Senate Committee on Governmental Operations offered the following substitute to HB 576: A BILL To be entitled an Act to amend Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and embalmers, so as to change the definition of the term "casket" and the term "funeral merchandise"; to change certain provisions relating to qualifications of embalmer or funeral director applicants; to modify the provisions for regis tration of apprenticeship; to modify the provisions for reregistration of apprenticeships; to provide that a funeral director who is in full and continuous charge of a funeral establish ment shall be accessible and available to the community; to provide for the continuation of a funeral establishment license upon the death of the license holder; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to 1536 JOURNAL OF THE SENATE funeral directors and embalmers, is amended by striking in their entirety paragraphs (4) and (14) of Code Section 43-18-1, relating to definitions, and inserting in lieu thereof new paragraphs (4) and (14) to read as follows: "(4) 'Casket' means a rigid container which is designed for the encasement of human remains and which is usually constructed of wood of metal, ornamented and lined with fabric and viewing of a dead human body." "(14) 'Funeral merchandise' means the goods that may only be sold or offered for sale by a funeral director working in a funeral establishment and includes, including, but is not limited to, a casket or alternative container, but does not include an outer burial container or c'e"me~'tery marker which is used in connection with the final disposition of a dcadHhwnatt Section 2. Said chapter is further amended by striking in its entirety subsection (c) of Code Section 43-18-41, relating to qualifications of embalmer or funeral director applicants, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) In addition to the qualifications set out in subsection (a) of this Code section, an applicant for a funeral director's license shall have, prior to the issuance of said license, a valid embalmer's license; shall furnish an affidavit which lists the death certificate numbers ad names of the 50 funerals at which the apprentice assisted as provided in Code Section 43-18-50; and, effective January 1, 1991, must pass a written examination approved by the board which tests knowledge of the law of this state relating to funeral directors." Section 3. Said chapter is further amended by striking in its entirety Code Section 4318-51, relating to registration of apprenticeship, and inserting in lieu thereof a new Code Section 43-18-51 to read as follows: "43-18-51. A registration of apprenticeship shall be renewable biennially upon payment of the renewal fee as provided by the board. Failure to renew a registration shall be the same as a revocation and such apprentice may be reregistered as provided in Code Section 43-18-54. The hours served antler after a registration which was has been revoked will not be carried forth into any subsequent apprenticeship period." Section 4. Said chapter is further amended by striking subsection (c) of Code Section 43-18-54, relating to reregistration of apprenticeship, and inserting in lieu thereof a new subsection (c) to read as follows: "(c) An apprentice who has failed to renew that person's registration or who has had that person's registration suspended or revoked may, within one year after such expiration, suspension, or revocation, make application for registration but no more than two such ap plications may be approved by the board. :Fhe An applicant for reregistration whose previ ous apprenticeship was revoked for failure to renew may be granted full credit for the time previously served prior to expiration. An applicant for reregistration whose previous appren ticeship was suspended or revoked upon any of the grounds set forth in subsection (b) of this Code section, however, may be granted credit for no more than 75 percent of the time previously served prior to the disciplinary action. In all other cases regarding applicants for reregistration, the board may, when the circumstances warrant, allow an apprentice credit under a reregistration for time actually served under a previous registration, except, that if the previous registration has been suspended or revoked upon any of the grounds act forth in subsection (b) of thia Code section, no more than 76 percent of the time previously served shall be credited on the rcregiatration." Section 5. Said chapter is further amended by striking in its entirety paragraph (3) of subsection (a) of Code Section 43-18-71, relating to the requirement that funeral establish ments be licensed and that such establishments employ a licensed funeral director, and in serting in lieu thereof a new paragraph (3) to read as follows: "(3) Spend a minimum of 40 hours per week in the employ and operation of the estab lishment er and be accessible and available to the community." WEDNESDAY, MARCH 4, 1992 1537 Section 6. Said chapter is further amended by adding following Code Section 43-18-78 a new Code Section 43-18-79 to read as follows: "43-18-79. No funeral establishment license shall terminate upon the death of the holder thereof but shall pass to the legal representative of the deceased or, if there is no legal representative, to the widow of the deceased who may continue to operate the estab lishment for the unexpired time of the license." Section 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton CC;; oo^llyleimnsan Dawkins D ean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins J,",o.lhd,nd,son . Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr S,,Ttaetienberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Alien Deal (presiding) Hammill Henson Newbill Shumake White On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1612. By Representative Groover of the 99th: A bill to amend Part 5 of Article 1 of Chapter 2 of Title 14 of the Official Code of Georgia Annotated, relating to the execution of corporate documents, and Article 1 of Chapter 5 of Title 14 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relating to corporations, so as to create a presumption 1538 JOURNAL OF THE SENATE of authority when the president or vice-president of a corporation executes a doc ument and that document is attested to by the secretary, assistant secretary, or other officer to whom such responsibility has been delegated. Senate Sponsor: Senator Baldwin of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Those not voting were Senators: 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 Alien Deal (presiding) Henson Shumake White On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1229. By Representatives Cummings of the 17th and Floyd of the 135th: A bill to amend Article 1 of Chapter 5 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the Georgia Municipal Em ployees Benefit System, so as to authorize the employees of certain local authori ties to participate in such system. Senate Sponsor: Senator Pollard of the 24th. WEDNESDAY, MARCH 4, 1992 1539 The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, SW Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: January 14, 1992 SUBJECT: House Bill 1229 (LC 21 1347) Georgia Municipal Employees Benefit System This bill amends the general provisions relative to the Georgia Municipal Employees Benefit System (GMEBS) to allow local government entities (authorities) to participate in GMEBS thereby providing retirement benefits to their employees through a common ad ministrative and investment system. The bill also amends the definition of "employer" to correct the reference to APDCs (Area Planning and Development Commissions) to Regional Development Centers. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. Is/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On 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 of 46th Brown of 26th Burton Clay Coleman CDoalwliknisns Dean Echols Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson Kidd MMoayraeble Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg ,,, J,at! TI?hoylmorpson Timmons Turner Tysinger Walk -t of 43rd White Those not voting were Senators: Alien Deal (presiding) Edge Hammill Henson Langford Scott Shumake Walker of 22nd 1540 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 521. By Representative Holmes of the 28th: A bill to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Geor gia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers. Senate Sponsors: Senators Deal of the 49th and Egan of the 40th. The Senate Committee on Ethics offered the following substitute to HB 521: A BILL To be entitled an Act to amend Article 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, so as to provide that such article shall apply to all elected public officers; to provide for a definition; to provide for maximum contributions for candidates for state wide elected public office and other public offices; 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 2A of Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to contributions to candidates for state-wide office or the General Assembly, is amended by adding a new paragraph defining the term "public office" immediately follow ing paragraph (6) of Code Section 21-5-40, relating to definitions regarding campaign contri butions, to be designated paragraph (6.1) to read as follows: "(6.1) 'Public office' means the office of each elected public officer as specified in para graph (15) of Code Section 21-5-3." Section 2. Said article is further amended by striking subsection (a) of Code Section 215-41, relating to maximum allowable contributions by persons or partnerships, and inserting in its place a new subsection (a) to read as follows: "(a) (1) No person shall for any election make contributions to any candidate for state wide elected office or the General Aaacmbly which in the aggregate exceed $3,500.00. (2) No person shall for any election make contributions to any candidate for any public offic(Texcept as provided in paragraph (1) of this subsection which in the aggregate exceed $1,000.00." Section 3. Said article is further amended by striking Code Section 21-5-42, relating to maximum allowable contributions of corporations, and inserting in its place a new Code Section 21-5-42 to read as follows: "21-5-42. (a) No corporation shall for any election make contributions to any candidate for state-wide Elected office or the General Aaaembly which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated corporations, exceed $3,500.00. (b) No corporation shall for any election make contributions to any candidate for any public" office except as provided in subsection (a) of this Code section which in the aggre gate, together with any contributions to the same candidate for the same election by any affiliated corporations, exceed $1,000.00." Section 4. Said article is further amended by striking Code Section 21-5-43, relating to WEDNESDAY, MARCH 4, 1992 1541 maximum allowable contributions of political committees, and inserting in its place a new Code Section 21-5-43 to read as follows: "21-5-43. (a) No political committee shall for any election make contributions to any candidate for state-wide elected office or the General Assembly which in the aggregate, to gether with any contributions to the same candidate for the same election by any affiliated political committees, exceed $3,500.00. (b) No political committee shall for any election make contributions to any candidate for any public office except as provided in subsection (a) of this Code section which in the aggregate, together with any contributions to the same candidate for the same election by any affiliated political committees, exceed $1,000.00." Section 5. Said article is further amended by striking Code Section 21-5-44, relating to contributions to campaign committees, and inserting in its place a new Code Section 21-5-44 to read as follows: "21-5-44. For purposes of this article, a contribution to a candidate's campaign commit tee of a candidate for public office shall be deemed to be a contribution to the such candidate." Section 6. Said article is further amended by striking Code Section 21-5-45, relating to application of contribution limitations, and inserting in its place a new Code Section 21-5-45 to read as follows: "21-5-45. The limitations on contributions imposed by this article shall apply separately with respect to each election; provided, however, that no contribution whatsoever may be made to a candidate for public office for an election other than a general primary if the such candidate will not be on the ballot at such election other than a general primary." 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 Broun of the 46th offered the following amendment: Amend the substitute to HB 521 offered by the Senate Committee on Ethics by striking Section 7 and renumbering Section 8 to be Section 7. Senator Harris of the 27th moved that HB 521 be committed to the Senate Committee on Ethics. On the motion offered by Senator Harris of the 27th, Senator Newbill of the 56th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Alien Bishop Bowen Brown of 26th Dean Echols English Garner Hammill Harris Hill Hooks Kidd Langford Marable Moye Perdue Perry Ragan of 10th Ray Robinson Scott Tate Timmons Turner Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Baldwin Broun of 46th Burton Clay Coleman 1542 JOURNAL OF THE SENATE Collins Dawkins ^d%e FosTer Gillis Hasty Huggins Johnson Newbill PhilliPs Pollard ' Ragan of 32nd Ramsey Starr Steinberg Taylor Tysinger White Those not voting were Senators: Deal (presiding) Henson Shumake Thompson On the adoption of the motion offered by Senator Harris of the 27th, the yeas were 27, nays 25; the motion prevailed, and HB 521 was committed to the Senate Committee on Ethics. Senator Egan of the 40th moved that the Senate reconsider its action in committing HB 521 to the Senate Committee on Ethics. On the motion offered by Senator Egan of the 40th, 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: Baldwin Broun of 46th Burton Clay Coleman Collins Dawkins Edge Egan Foster Hasty Henson Johnson Newbill Phillips Pollard Ragan of 32nd Ramsey Starr Steinberg Taylor Thompson Tysinger White Those voting in the negative were Senators: Alien Bishop Bowen Brown of 26th EcTls English Garner Gillis Hammill Harris Hill Huggins Kidd Langford Marable Mye Perdue Perry Ragan of 10th Ray Robinson Scott Tate Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Albert Deal (presiding) Hooks Shumake On the motion offered by Senator Egan of the 40th, the yeas were 24, nays 28; the motion was lost, and HB 521 was committed to the Senate Committee on Ethics. WEDNESDAY, MARCH 4, 1992 1543 HB 1283. By Representatives Pettit of the 19th, Watson of the 114th, Wilder of the 21st and Holmes of the 28th: A bill to amend Chapter 40 of Title 43 of the Official Code of Georgia Annotated, relating to real estate brokers and salespersons, so as to provide that trust or escrow accounts maintained by real estate brokers shall be federally insured and may be interest bearing. 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: Alien Baldwin Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Huggins Johnson 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 Deal (presiding) Hammill Henson Hooks Kidd Shumake On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1114. By Representative McKinney of the 35th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census. 1544 JOURNAL OF THE SENATE HB 1117. By Representative McKinney of the 35th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to repeal certain provisions authorizing any county of this state having a population of not less than 400,000 nor more than 550,000 according to the United States decennial census of 1970 or any future such census to have additional boards of equalization. HB 1118. By Representative McKinney of the 35th: A bill to amend an Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, so as to provide that certain appeals and assessment reviews shall be conducted in the manner specified by general law. HB 1537. By Representatives Felton of the 22nd and McKinney of the 35th: A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more"; to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax re turns, so as to repeal the provision thereof applicable to counties having therein a city with a population of 350,000 or more. HB 1084. By Representatives Poston of the 2nd, Snow of the 1st, McCoy of the 1st and others: A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the district attorney of said circuit to hire assistant district attorneys, secretaries, and paraprofessionals. HB 1580. By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd: A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry. The following bills of the House were read the first time and referred to committees: HB 1084. By Representatives Poston of the 2nd, Snow of the 1st, McCoy of the 1st and others: A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the district attorney of said circuit to hire assistant district attorneys, secretaries, and paraprofessionals. Referred to Committee on Urban and County Affairs. HB 1114. By Representative McKinney of the 35th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to authorize the creation of additional boards of equalization in each county of this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census. Referred to Committee on Urban and County Affairs (General). WEDNESDAY, MARCH 4, 1992 1545 HB 1117. By Representative McKinney of the 35th: A bill to amend Code Section 48-5-311 of the Official Code of Georgia Annotated, relating to the creation of county boards of equalization, so as to repeal certain provisions authorizing any county of this state having a population of not less than 400,000 nor more than 550,000 according to the United States decennial census of 1970 or any future such census to have additional boards of equalization. Referred to Committee on Urban and County Affairs (General). HB 1118. By Representative McKinney of the 35th: A bill to amend an Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, so as to provide that certain appeals and assessment reviews shall be conducted in the manner specified by general law. Referred to Committee on Urban and County Affairs (General). HB 1537. By Representatives Felton of the 22nd and McKinney of the 35th: A bill to repeal an Act entitled "An Act to create a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more"; to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax re turns, so as to repeal the provision thereof applicable to counties having therein a city with a population of 350,000 or more. Referred to Committee on Urban and County Affairs (General). HB 1580. By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd: A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry. Referred to Committee on Governmental Operations. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1210. By Representatives Golden of the 148th, Wall of the 61st and Flynt of the 75th: A bill to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to prohibit loan brokers from performing certain acts; to provide definitions; to provide for the responsibility of principals; to provide for investigations, cease and desist orders, and hearing procedures with respect to loan brokers. Senate Sponsor: Senator Turner of the 8th. Senator Turner of the 8th offered the following amendment: Amend HB 1210 by striking on line 25 of page 1 the following: "consumers", and inserting in lieu thereof the following: "potential borrowers". 1546 JOURNAL OF THE SENATE By adding at the end of line 17 of page 2 the following: "or any third party soliciting borrowers for a regulated lender pursuant to a written contract with the regulated lender". On the adoption of the amendment, the yeas were 37, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Those not voting were Senators: Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Albert Deal (presiding) Hammill Henson Kidd Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Garner of the 30th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 3:29 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was presid ing, announced the Senate adjourned until 9:30 o'clock A.M. tomorrow. THURSDAY, MARCH 5, 1992 1547 Senate Chamber, Atlanta, Georgia Thursday, March 5, 1992 Twenty-ninth Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1359. By Representative Royal of the 144th: A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts. HB 1951. By Representatives Lucas of the 102nd, Randall of the 101st, Groover of the 99th, Pinkston of the 100th and Birdsong of the 104th: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to change the provisions relating to the composition of the hous ing authority in certain cities; to change a certain population bracket. HB 1958. By Representatives Flynt of the 75th and Adams of the 79th: A bill to provide a new charter for the City of Williamson. HB 1969. By Representative Carrell of the 65th: A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the ap pointment and duties of the city administrator. HB 1340. By Representative Hanner of the 131st: A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts. HB 1661. By Representatives Carrell of the 65th, Lee of the 72nd, Childers of the 15th, Walker of the 115th, Edwards of the 112th and others: A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change certain actions which may be taken by the department against licensees. HB 1816. By Representatives Watson of the 114th and Walker of the 115th: A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to change the provisions relating to 1548 JOURNAL OF THE SENATE utilization of the courthouse or courthouse annex in certain counties as a regis trar's office or place of registration for the purpose of receiving absentee ballots; to change certain population brackets. HB 1633. By Representatives Alford of the 57th and Pettit of the 19th: A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, so as to provide that the jurisdiction of the Public Service Commission shall not extend to per sons or companies engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles. HB 1660. By Representatives Balkcom of the 140th, Floyd of the 154th and Godbee of the 110th: 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 establish possession limits for certain fish; to require that certain fish be landed with the head and fins intact. HB 1667. By Represesntatives Smith of the 152nd, Murphy of the 18th, Coleman of the 118th, Lee of the 72nd, Walker of the 115th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the manner of disposing of certain property or interests therein which were acquired by any county or municipality for lake pur poses but which property or interests are no longer needed for such purposes. HB 1624. By Representatives Pettit of the 19th, Watson of the 114th, Herbert of the 76th and Flynt of the 75th: A bill to amend Chapter 6 of Title 46 of the Official Code of Georgia Annotated, relating to radio common carriers, so as to provide an exception to the establish ment of competing or duplicative radio utility service in an established area. HB 1642. By Representatives Streat of the 139th, Jenkins of the 80th, Walker of the 113th, Ray of the 98th and Holland of the 136th: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to provide for an order to cease and desist violation of rules and regulations; to provide for revocation of a new certificate of competency; to provide additional grounds for revocation or suspension of a cer tificate of competency. HB 1613. By Representative Jenkins of the 80th: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications for and eligibility to hold the office of sheriff. HB 1646. By Representative Dunn of the 73rd: A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide for the filing of rate modifications on individual accident and sickness policies with the Commissioner of Insurance; to provide for the filing of loss ratio guarantees with the Commissioner. THURSDAY, MARCH 5, 1992 1549 HB 1779. By Representatives Taylor of the 94th, Thurmond of the 67th and Harris of the 96th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with in tent to distribute a controlled substance or marijuana in, on or within 1,000 feet of any real property dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center. HB 1663. By Representatives Dixon of the 128th, Watson the 114th, Pettit of the 19th, Kilgore of the 42nd and Groover of the 99th: A bill to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to substantially revise the provisions relating to safeguards against contact with high-voltage lines. HB 1397. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce certain time periods in which certain property is presumed abandoned; to reduce the time period in which certain persons are presumed to have died. HB 1823. By Representatives Coleman of the 118th, Buck of the 95th, Walker of the 115th, Jackson of the 9th and Lawson of the 9th: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relating to tuition equalization grants at private colleges and universities, so as to change the definition of "full-time student". The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 567. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and quali fications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Sena tors elected shall take office. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 874. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th: A resolution recognizing Rear Admiral Mack C. Gaston, USN, and designating the Admiral Mack Gaston Parkway. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 821. By Senator Collins of the 17th: A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions which include 1550 JOURNAL OF THE SENATE within the definition of homestead certain property in all counties of this state having a population of not less than 10,450 nor more than 10,650 according to the United States decennial census of 1970 or any future such census; to provide effective dates. Referred to Committee on Urban and County Affairs (General). SB 822. By Senator Pollard of the 24th: A bill to create a board of elections for Columbia County and provide for its powers and duties; to provide for the composition of the board of elections and the selection, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for the duties of the chairman of the board of elections; to provide for an effective date. Referred to Committee on Urban and County Affairs. SB 823. By Senators Pollard of the 24th and Albert of the 23rd: A bill to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebtedness, for residents of Columbia County and the Columbia County School District who are disabled or who are 62 years of age or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year. Referred to Committee on Urban and County Affairs. SB 824. By Senator Johnson of the 47th: A bill to provide a new charter for the City of Franklin Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a governing au thority of such city and the powers, duties, authority, election, terms, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures. Referred to Committee on Urban and County Affairs. SB 825. By Senator Johnson of the 47th: A bill to provide a new charter for the City of Royston; to provide for incorpora tion, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensa tion, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures. Referred to Committee on Urban and County Affairs. SB 826. By Senator Baldwin of the 29th: A bill to amend an Act establishing an independent school system for the City of Hogansville, as amended, so as to revise provisions relating to ad valorem school taxes; to change the maximum millage rate of such taxes; to provide for a refer endum; to repeal a specific law. Referred to Committee on Urban and County Affairs. SB 827. By Senator Moye of the 34th: A bill to amend an Act creating the Board of Commissioners of Fayette County, as amended, so as to provide for an increase in the amount of compensation for the chairman of the Board of Commissioners of Fayette County and the mem bers of the Board of Commissioners of Fayette County; to eliminate provisions THURSDAY, MARCH 5, 1992 1551 for the payment of expenses to the chairman and the members of the Board of Commissioners. Referred to Committee on Urban and County Affairs. SB 828. By Senator Henson of the 55th: A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language. Referred to Committee on Judiciary. SB 829. By Senators Ragan of the 32nd, Newbill of the 56th and Clay of the 37th: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commissioners; to change the compensation of the chairman of the board of commissioners. Referred to Committee on Urban and County Affairs. SB 830. By Senator Moye of the 34th: A bill to amend an Act establishing a new charter for the City of Palmetto, as amended, so as to change the provisions relating to special elections and vacan cies; to authorize the mayor and city council to appoint a successive mayor or councilmember if a vacancy occurs in either office with less than two years re maining in that term. Referred to Committee on Urban and County Affairs. SB 831. By Senators Steinberg of the 42nd, Garner of the 30th, Bishop of the 15th and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to require state government and state au thority employers to grant employees a period of leave for certain family or med ical purposes; to provide for definitions; to provide for practices and procedures in connection with the requirement of leave; to provide for exceptions; to provide for certification of medical conditions; to provide an effective date. Referred to Committee on Youth, Aging and Human Ecology. SB 832. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Thompson of the 33rd: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county registrars and deputy registrars, so as to revise the population figures describing the counties in which registrars and deputy registrars of mu nicipalities lying wholly within such counties shall be appointed as deputy county registrars. Referred to Committee on Urban and County Affairs (General). SB 833. By Senators Deal of the 49th and Scott of the 36th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to change the provi sions relating to certain duties of the Council of Juvenile Court Judges; to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to create a new Chapter 4A of said title which provides for the Department of Children and Youth Services; to provide an effective date. Referred to Committee on Youth, Aging and Human Ecology. 1552 JOURNAL OF THE SENATE SB 834. By Senators Collins of the 17th and Stair of the 44th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the felony offense of trafficking in methamphetamine; to provide penalties. Referred to Committee on Judiciary. SR 525. By Senators Bowen of the 13th, Timmons of the llth, Gillis of the 20th and others: A resolution creating the Senate Deer Baiting Study Committee. Referred to Committee on Rules. SR 526. By Senators Henson of the 55th, Steinberg of the 42nd, Scott of the 36th and others: A resolution creating the Governor's Task Force on Teenage Pregnancy. Referred to Committee on Rules. The following bills and resolution of the House were read the first time and referred to committees: HB 1340. By Representative Hanner of the 131st: A bill to amend Code Section 28-2-1 of the Official Code of Georgia Annotated, relating to apportionment and qualifications for the House of Representatives, so as to provide for the composition and number of state representative districts. Referred to Committee on Reapportionment. HB 1397. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce certain time periods in which certain property is presumed abandoned; to reduce the time period in which certain persons are presumed to have died. Referred to Committee on Finance and Public Utilities. HB 1613. By Representative Jenkins of the 80th: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications for and eligibility to hold the office of sheriff. Referred to Committee on Governmental Operations. HB 1624. By Representatives Pettit of the 19th, Watson of the 114th, Herbert of the 76th and Flynt of the 75th: A bill to amend Chapter 6 of Title 46 of the Official Code of Georgia Annotated, relating to radio common carriers, so as to provide an exception to the establish ment of competing or duplicative radio utility service in an established area. Referred to Committee on Insurance and Labor. THURSDAY, MARCH 5, 1992 1553 HB 1633. By Representatives Alford of the 57th and Pettit of the 19th: A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, so as to provide that the jurisdiction of the Public Service Commission shall not extend to per sons or companies engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles. Referred to Committee on Finance and Public Utilities. HB 1642. By Representatives Streat of the 139th, Jenkins of the 80th, Walker of the 113th and others: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to provide for an order to cease and desist violation of rules and regulations; to provide for revocation of a new certificate of competency; to provide additional grounds for revocation or suspension of a cer tificate of competency. Referred to Committee on Insurance and Labor. HB 1646. By Representative Dunn of the 73rd: A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, so as to provide for the filing of rate modifications on individual accident and sickness policies with the Commissioner of Insurance; to provide for the filing of loss ratio guarantees with the Commissioner. Referred to Committee on Insurance and Labor. HB 1660, By Representatives Balkcom of the 140th, Floyd of the 154th and Godbee of the 110th: 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 establish possession limits for certain fish; to require that certain fish be landed with the head and fins intact. Referred to Committee on Natural Resources. HB 1661. By Representatives Carrell of the 65th, Lee of the 72nd, Childers of the 15th and others: A bill to amend Chapter 2 of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Human Resources, so as to change certain actions which may be taken by the department against licensees. Referred to Committee on Health and Human Services. HB 1663. By Representatives Dixon of the 128th, Watson of the 114th, Pettit of the 19th and others: A bill to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to substantially revise the provisions relating to safeguards against contact with high-voltage lines. Referred to Committee on Finance and Public Utilities. HB 1667. By Representatives Smith of the 152nd, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the manner of disposing of certain property or 1554 JOURNAL OF THE SENATE interests therein which were acquired by any county or municipality for lake pur poses but which property or interests are no longer needed for such purposes. Referred to Committee on Finance and Public Utilities. HB 1779. By Representatives Taylor of the 94th, Thurmond of the 67th and Harris of the 96th: A bill to amend Article 2 of Chapter 13 of Title 16 of the Official Code of Georgia Annotated, relating to regulation of controlled substances, so as to create a new criminal offense of manufacturing, distributing, dispensing, or possessing with in tent to distribute a controlled substance or marijuana in, on or within 1,000 feet of any real property dedicated and set apart by a county or municipal governing authority as a park, playground, or recreation center. Referred to Committee on Judiciary. HB 1816. By Representatives Watson of the 114th and Walker of the 115th: A bill to amend Article 10 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to absentee ballots, so as to change the provisions relating to utilization of the courthouse or courthouse annex in certain counties as a regis trar's office or place of registration for the purpose of receiving absentee ballots; to change certain population brackets. Referred to Committee on Urban and County Affairs (General). HB 1823. By Representatives Coleman of the 118th, Buck of the 95th, Walker of the 115th and others: A bill to amend Code Section 20-3-411 of the Official Code of Georgia Annotated, relating to definitions relating to tuition equalization grants at private colleges and universities, so as to change the definition of "full-time student". Referred to Committee on Education. HR 874. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th: A resolution recognizing Rear Admiral Mack C. Gaston, USN, and designating the Admiral Mack Gaston Parkway. Referred to Committee on Transportation. HB 1359. By Representative Royal of the 144th: A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts. Referred to Committee on Urban and County Affairs. HB 1951. By Representatives Lucas of the 102nd, Randall of the 101st, Groover of the 99th and others: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to change the provisions relating to the composition of the hous ing authority in certain cities; to change a certain population bracket. Referred to Committee on Urban and County Affairs (General). HB 1958. By Representatives Flynt of the 75th and Adams of the 79th: A bill to provide a new charter for the City of Williamson. Referred to Committee on Urban and County Affairs. THURSDAY, MARCH 5, 1992 1555 HB 1969. By Representative Carrell of the 65th: A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the ap pointment and duties of the city administrator. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions 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 1219. Do pass by substitute. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Consumer Affairs has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 774. Do pass. Respectfully submitted, Senator Langford of the 35th District, Chairman Mr. President: The Committee on Corrections has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 244. Do pass. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Higher Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1693. Do pass. Respectfully submitted, Senator Hammill of the 3rd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the follow ing recommendations: HB 1297. Do pass. 1556 JOURNAL OF THE SENATE HB 1503. HB 1666. Do pass. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 523. Do pass by substitute. SB 755. Do pass. HB 1453. Do pass. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1530. Do pass by substitute. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 353. Do pass. HB 711. Do pass by substitute. HB 1594. Do pass. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following resolu tion and bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 514. Do pass. HB 875. Do pass by substitute. HB 1211. Do pass. HB 1487. Do pass. HB 1618. Do pass. HB 1815. Do pass. THURSDAY, MARCH 5, 1992 1557 Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Transportation has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendation: SR 485. Do pass as amended. Respectfully submitted, Senator Coleman of the 1st District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 660. By Senators Kidd of the 25th and Foster of the 50th: A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provi sions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date. SB 729. By Senators Ragan of the 32nd, Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions in the title on motor vehicles, so as to revise a definition; to amend Code Section 46-1-1, relating to definitions in the title on public utilities and transportation, so as to revise a definition. SB 769. By Senators Foster of the 50th, Scott of the 36th, Tate of the 38th and others: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees. SB 777. By Senator Foster of the 50th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to change certain provisions relating to service on the Professional Standards Commission. SB 783. By Senator Edge of the 28th: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to failure to attach and display mobile home decal, so as to provide juris diction over those persons violating the requirements of said Code section. SB 790. By Senator Kidd of the 25th: A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of cer tain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for 1558 JOURNAL OF THE SENATE the possibility of a charge to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital. SR 510. By Senator Harris of the 27th: A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation. HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to require persons to keep firearms in a locked container or in another reasonably secure manner. HB 601. By Representatives Holmes of the 28th, Chambless of the 133rd, Lee of the 72nd and others: A bill to amend Code Section 21-2-140 of the Official Code of Georgia Annotated, relating to mandatory drug testing for certain candidates, so as to change the definition of an illegal drug; to increase the maximum amount for reimbursement candidates who file paupers' affidavits. HB 1106. By Representatives Lane of the 27th, Benefield of the 72nd, Barnett of the 10th and others: A bill to amend Title 6 of the Official Code of Georgia Annotated, relating to aviation, so as to authorize the ownership, operation, and maintenance by politi cal subdivisions of airports in existence on July 1, 1992, either inside or outside the geographical boundaries of such political subdivision. HB 1136. By Representatives Chafin of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend Code Section 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by the grand jury, so as to provide for trial upon accusations in cer tain felony cases without the necessity of waiving indictment by grand jury. HB 1194. By Representatives Reaves of the 147th, Golden of the 148th, Selman of the 32nd and others: A bill to amend Article 7 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to the standards and labeling of milk and milk products, so as to provide that the Commissioner of Agriculture may assess and collect fees for the purpose of defraying the expenses of licensing grade A plants, grade A producers-distributors, receiving stations, dairy manufacturing plants, milk han dlers purchasing raw milk, or other things pertaining thereto. HB 1263. By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide for the return for taxation of boats in the county in which such boat is located. THURSDAY, MARCH 5, 1992 1559 HB 1279. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th and others: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes. HB 1286. By Representatives Kilgore of the 42nd and Holland of the 136th: A bill to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem property tax exemptions, so as to clarify cer tain conditions, limitations, and procedures under which taxpayers shall qualify for the freeport exemption. HB 1299. By Representative Dover of the llth: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. HB 1362. By Representatives Thomas of the 69th and Chambless of the 133rd: A bill to amend Chapter 7 of Title 15 of the Official Code of Georgia Annotated, relating to state courts of counties, so as to provide that the governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services through its state court. HB 1395. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees to the state revenue com missioner, so as to provide for the payment of certain taxes by electronic funds transfer. HB 1460. By Representatives Watts of the 41st, Buck of the 95th, Dover of the llth and Colwell of the 4th: A bill to amend Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles and mobile homes, so as to provide for the ad valorem taxation of heavy-duty equipment used for construction purposes. HB 1470. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to repeal the presumption in civil actions that certain common carriers are negligent from the mere showing that injury was inflicted by their vehicles. HB 1519. By Representatives Oliver of the 53rd, Baker of the 51st and Porter of the 119th: A bill to amend Article 3 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to determination of paternity, so as to provide that if the Department of Human Resources is the petitioner, then no guardian ad litem need be appointed; to provide for admissibility of blood tests. 1560 JOURNAL OF THE SENATE HB 1539. By Representatives Buck of the 95th, Watson of the 114th and Kilgore of the 42nd: A bill to amend Article 5 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to miscellaneous offenses and penalties of persons, firms, or corporations subject to the jurisdiction of the Public Service Commission, so as to authorize the commission to impose and collect certain fines, assessments, and interest in connection with persons, firms, or corporations operating as household goods carriers without having a valid certificate of public convenience and necessity. HB 1570. By Representatives Parham of the 105th and Watts of the 41st: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide an exception to the require ment that vehicles transporting etiologic agents be distinctively marked. HR 715. By Representatives Watts of the 41st, Buck of the 95th, Colwell of the 4th and others: A resolution proposing an amendment to the Constitution so as to provide that heavy-duty equipment motor vehicles may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such motor vehicles. HR 829. By Representative Thurmond of the 67th: A resolution authorizing the grant of a nonexclusive easement for operation and maintenance of a sanitary sewer line in, on, over, under, upon, across, or through property owned by the State of Georgia in Clarke County, Georgia. HR 831. By Representatives Oliver of the 121st, Floyd of the 154th, Byrd of the 153rd and Colwell of the 4th: A resolution authorizing the granting of a nonexclusive easement over certain state owned real property located in Tattnall County, Georgia, and the accept ance of an easement over real property located in Tattnall County, Georgia. HR 839. By Representatives Twiggs of the 4th and Colwell for the 4th: A resolution designating the Riley C. Thurmond Bridge. HR 841. By Representative Langford of the 7th: A resolution authorizing the conveyance of certain state owned real property lo cated in Gordon County, Georgia. HR 845. By Representatives Bargeron of the 108th and Godbee of the 110th: A resolution commending Grady Mallard and designating the Grady Mallard Bridge. HR 939. By Representative Thurmond of the 67th: A resolution authorizing the conveyance of certain interests in state owned real property located in Clarke County, Georgia. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Bowen Broun of 46th Brown of 26th Burton THURSDAY, MARCH 5, 1992 1561 Clay Coleman Collins Dawkins Deal igfn English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perrv 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 answering were Senators: Alien Bishop Hooks Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Steinberg of the 42nd introduced the chaplain of the day, Rabbi S. Robert Ichay, pastor of Congregation Or VeShalom, Atlanta, Georgia, who offered scripture reading and prayer. Senator Kidd of the 25th introduced a group involved with Milledgeville-Baldwin County Tourism and Trade. Senator Starr of the 44th moved that the following resolution of the House be with drawn from the Senate Committee on Health and Human Services and committed to the Senate Committee on Finance and Public Utilities: HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care pro grams for medically indigent citizens and children, for expansion of Medicaid eligibility and services. On the motion, the yeas were 30, nays 0; the motion prevailed, and HR 840 was with drawn from the Senate Committee on Health and Human Services and committed to the Senate Committee on Finance and Public Utilities. SENATE RULES CALENDAR Thursday, March 5, 1992 TWENTY-NINTH LEGISLATIVE DAY SB 784 Quality Basic Education Act--dates of enrollment counts (Ed--50th) SB 770 Flexible Employee Benefit Plan--deduct salary for certain insurance (Gov Op--25th) 1562 JOURNAL OF THE SENATE SB 256 Employee Engaging in Lawful Activity Off Premises--no discrimination (Substi tute) (Amendments) (I&L--35th) SB 747 Insurance Agents, Brokers--revise licensing provisions (Substitute) (I&L--24th) HB 1387 Department of Natural Resources--volunteer services to facilitate objectives on public land, property (Nat R--16th) HB 1440 Vehicle Emission Inspection--requirements (Nat R--28th) HB 1459 Mobile, Modular Homes Over 14 Feet--single-trip permits (Trans--19th) HB 1767 Upper Savannah River Development Authority--change membership (U&CA G--47th) HR 778 Athens/Clarke, Macon/Bibb, Others--sale of certain state property (F&PU--44th) HB 1196 Pesticide Use, Sale, Etc.--prohibit city/county rule, regulation (Substitute) (Nat R--14th) HB 1400 State Depositories--cash management policies (B&FI--16th) HB 309 Employee Retirement Benefits--maximum hours to work before cessation (Ret--38th) HB 1241 Agricultural Product Dealers--ownership transfer, product payment (Ag--21st) HB 1545 Judicial Sale Ads--standards for official organ designation (S Judy--45th) HB 1412 Quality Basic Education Act--Education Department develop environmental guides, recycling (Substitute) (Ed--16th) HB 1162 Board of Human Resources--one member physically handicapped (Substitute) (H&HS--54th) HB 1144 Pawnbrokers--define pledged goods relating to motor vehicles (Substitute) (Gov Op--2nd) HB 1571 Cosmetology--delete certain requirements on licensure, certain students (H&HS--22nd) HB 1447 Bicycle Riders--local government require paths, certain conditions (Trans--42nd) HB 203 GeorgiaNet authority--members of Employees' Retirement System (Ret--44th) HB 1658 Labor Commissioner--ongoing educational assistance program (I&L--24th) HB 1371 Civil Office--residency requirements (Gov Op--25th) HB 394 Employees' Retirement--death of spouse beneficiary and employee remarriage (Ret--4th) HB 1596 Public Retirement System--create Georgia Defined Contribution Plan (Ret--12th) HB 1308 Liquefied Petroleum, Gas Storage--building, plumbing code applicability (Sub stitute) (I&L--51st) HB 1234 Title 47 (Retirement)--correct errors, omissions (Ret--24th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee THURSDAY, MARCH 5, 1992 1563 The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 784. By Senators Foster of the 50th, Deal of the 49th, Hasty of the 51st and others: A bill to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality Basic Education Act," so as to change the dates of the initial enrollment count for purposes of determination of enrollment by institu tion; to change the method of calculating the amount of certain funding. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th C!ay Coeman iDDfea"awl1k"m8 s Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins J,,Ko.ihd,nd,son Langford Marable Moye Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr ,,S1 taetienberg Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Bishop Burton ' Hammill Perry Shumake Walker of 22nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 770. By Senator Kidd of the 25th: A bill to amend Code Section 45-18-52 of the Official Code of Georgia Annotated, relating to the establishment of flexible employee benefit plans for state employ ees and certain others, so as to provide that the flexible employee benefit plan may provide for deductions or salary reductions for group property and casualty insurance. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1564 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Baldwin Bowen Broun of 46th Brown of 26th B urton Gillis Hammill Harris Hasty Henson Hill Hooks Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr T-. , Dean Echols Edgg Egan English Foster Garner Johnson Kidd Marable Moye Perdue Perry Phillips Pollard late Tavlor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Bishop Coleman Langford Newbill Shumake Walker of 22nd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed. The following general bill of the Senate, having been read the third time and passed by substitute on February 25, and reconsidered on February 26, and placed on the Senate Rules Calendar for today, was put upon its passage: SB 256. By Senators Langford of the 35th and Walker of the 43rd: A bill to amend Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to discriminate against an employee for engaging in lawful activities off the premises of the employer during nonworking hours; to provide for liability of the employer. The following substitute to SB 256, offered by the Senate Committee on Insurance and Labor, as amended by the following amendments, was adopted on February 25: A BILL To be entitled an Act to change provisions of law relating to lawful and unlawful use of certain products, including but not limited to cigarettes and tobacco; to amend Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, so as to change the age limits for minors involved in certain prohibited transactions relating to cigarettes and tobacco related objects; to change the definition and elements of certain prohibited transactions involving cigarettes or tobacco related objects and minors; to prohibit the sale of cigarettes and tobacco products in vending machines except on certain premises; to prohibit certain free distribution of cigarettes and tobacco products; to amend Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Anno tated, relating to limited-access roads, so as to remove authorization for the sale of ciga rettes in vending machines in safety rest areas; to amend Chapter 1 of Title 34 of the Offi cial Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, so as to provide that it shall be unlawful for an employer to refuse to THURSDAY, MARCH 5, 1992 1565 hire, discharge, or penalize an employee for using lawful products off the premises of the employer during nonworking hours; to provide for liability of the employer; to provide ex ceptions; to provide for effect with respect to insurance benefits; to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, so as to provide for enforcement of certain vending machine restrictions by the Department of Revenue; to declare unlawfully located vending machines to be contraband; to amend Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, so as to remove authorization for the sale of cigarettes in vending machines; to provide for other related matters; to pro vide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by striking Article 7 thereof, prohibit ing certain transactions involving cigarettes and tobacco related objects, and inserting in its place a new article to read as follows: "ARTICLE 7 16-12-170. As used in this article, the term: (1) 'Cigarettes' means any type of tobacco or tobacco product. (2) 'Community service' means a public service which a minor might appropriately be required to perform, as determined by the court, as punishment for certain offenses pro vided for in this article. (3) 'Minor' means any person who is under the age of 1? 18 years. (4) 'Person' means any natural person or any firm, partnership, company, corporation, or other entity. (5) 'Proper identification' means any document issued by a governmental agency con taining a description of the person, such person's photograph, or both, and giving such per son's date of birth and includes, without being limited to, a passport, military identification card, driver's license, or an identification card authorized under Code Sections 40-5-100 through 40-5-104. 'Proper identification' shall not include a birth certificate. (6) 'Tobacco related objects' means any papers, wrappers, or other products, devices, or substances which are used for the purpose of making cigarettes or tobacco in any form whatsoever. 16-12-171. (a) (1) It shall be unlawful for any person knowingly to: (A) Sell, f barter, or distribute without consideration, directly or indirectly, any ciga rettes or tobacco related objects to a minor; (B) Purchase any cigarettes or tobacco related objects for any minor unless the minor for whom the purchase is made is the child of the purchaser; or (C) Advise, counsel, or compel any minor to smoke, inhale, chew, or use cigarettes or tobacco related objects. (2) The prohibition contained in paragraph (1) of this subsection shall not apply with respect to sale of cigarettes or tobacco related objects by a person when such person has been furnished with proper identification showing that the person to whom the cigarettes or tobacco related objects are sold is W 18 years of age or older. (3) Any person who violates this subsection shall be guilty of a misdemeanor, provided, however, for a firat offcnsc the sentence shall be suspended. (b) (1) It shall be unlawful for any minor to: (A) Purchase any cigarettes or tobacco related objects; or 1566 JOURNAL OF THE SENATE (B) Misrepresent such minor's identity or age or use any false identification for the purpose of purchasing or procuring any cigarettes or tobacco related objects. (2) A minor who commits an offense provided for in paragraph (1) of this subsection may be punished as follows: (A) By requiring the performance of community service not exceeding 20 hours; (B) By requiring attendance at a publicly or privately sponsored lecture or diacussion on the health hazards of smoking or tobacco use, provided such lecture or diacuaaion is offered without charge to the minor; or (C) By a combination of the punishments described in subparagraphs (A) and (B) of this paragraph. 16-12-172. (a) Any person owning or operating a place of business in which cigarettes or tobacco related objects are sold or offered for sale shall post in a conspicuous place a sign which shall contain the following statement: 'SALE OF CIGARETTES, TOBACCO, TOBACCO PRODUCTS, OR TOBACCO RE LLAAWTE.'D OBJECTS TO PERSONS UNDER W ~18 YEARS OF AGE IS PROHIBITED BY Such sign shall be printed in letters of at least one-half inch in height. (b) Any person who fails to comply with the requirements of subsection (a) of this Code Section shall be guilty of a misdemeanor. 16-12-173. (a) Any pcreon who maintains in such person's place of business a vending machine which dispenses cigarettes of tobacco related objects shall place or cause to be placed in a conspicuous place on such vending machine a aign containing the following statement. THE PURCHASE OF CIGARETTES OR TOBACCO RELATED OBJECTS FROM THIS VENDING MACHINE BY ANY PERSON UNDER 17 YEAR8 OF AGE IS PRO HIBITED BY LAW.' (b) Any peroon who failo to comply with the rcquifcmenta of aubaeetion (a) of this Code section ahull be guilty of a miadcmeanor, provided, however, for a first offcnac, the sentence shall be a fine not to exceed $800.00. (a) For the purpose of preventing the purchase of cigarettes by minors, the sale of ciga rettes in vending machines shall be prohibited in this state, except that cigarettes may law fully be sold only in vending machines which are: (1) Located in: (A) factories, businesses, offices, and other places not open to the gen eral public; (B) places open to the general public to which persons under the age of 18 are not admitted; or (C) places where alcoholic beverages are offered for sale; anc? (2) Located on such premises in an area that is in the immediate vicinity, plain view, and control of a responsible employee of the licensed premises, so that any tobacco purchase is readily observable by such employee"! (b) Enforcement and implementation of the provisions of subsection (a) of this Code section shall be as provided for in Chapter 11 of Title 48. (c) It shall be a violation of subsection (a) of Code Section 16-12-171 for any person knowingly to allow a minor to operate a vending machine which dispenses cigarettes or to bacco related objects. (d) The offenses provided for by paragraph (1) of subsection (b) of Code Section 16-12171 shall apply to the operation by a minor of a vending machine which dispenses cigarettes or tobacco related objects. 16-12-174. (a) No person shall, in the course of doing business, distribute any free cigarettes~or tobacco related objects to any person on or in any public street, public sidewalk, THURSDAY, MARCH 5, 1992 1567 public park, or public playground, except that free cigarettes or tobacco related objects may be distributed at a tobacco store, a convention or conference catering to adults, or an area to which persons under the age of 18 are denied admission! (b) Any person who violates subsection (a) of this Code section shall, upon conviction, be guilty of a misdemeanor and punished by a fine of not less than $250.00 for each violation?1 Section 2. Article 4 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to limited-access roads, is amended by striking Code Section 32-6-116, relating to vending machines on the state highway system, and inserting in its place a new Code section to read as follows: "32-6-116. The department is authorized to install or provide for the installation of and to operate or provide for the operation of vending machines in safety rest areas constructed on or located on the rights of way of the state highway system. The vending machines may dispense nonalcoholic beverages, snacks, candy, cigarcttca, and other articles except ciga rettes as determined by the department to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products shall approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department." Section 3. Chapter 1 of Title 34 of the Official Code of Georgia Annotated, relating to general provisions with regard to labor and industrial relations, is amended by adding at the end thereof a new Code Section 34-1-4 to read as follows: "34-1-4. (a) It shall be unlawful for any employer or the agent of such employer to refuse to hire any individual or to discharge any employee or otherwise to disadvantage or penalize any employee with respect to compensation, terms, conditions, or privileges of em ployment because such individual uses lawful products off the premises of the employer during nonworking hours. (b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured individual or employee for all actual damages thereby suffered by such person and for reasonable attorney's fees incurred by the person in assert ing a successful claim under this Code section. (c) This Code section shall not apply with respect to an employer which is a nonprofit organization which, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public. (d) This Code section shall not apply with respect to the use of lawful products which use impairs an employee's ability to perform the employee's assigned duties. (e) This Code section shall not prohibit an employer from offering, imposing, or having in effect a health, disability, or life insurance policy which makes distinctions between em ployees for type of coverage or price of coverage based upon the employee's use of lawful products, provided that: (1) Any differential premium rates charged to employees must reflect differential costs to the employer; and (2) The employer must provide employees with a statement delineating the differential rates used by its insurance carriers." Section 4. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to excise taxation of cigars and cigarettes, is amended in Code Section 48-11-4, relating to licensing, by striking subsection (d) and inserting in its place a new subsection (d) of Code Section 48-11-4 to read as follows: "(d) The commissioner may shall make rules and regulations governing the sale of ci gars and cigarettes in vending machines. Such rules and regulations shall provide that such vending machines may only be located on premises as specified in subsection (a) of Code Section 16-12-173. The commissioner may shall require annually a special registration of 1568 JOURNAL OF THE SENATE each vending machine for any operation in this state and charge a license fee for the regis tration in the amount of $1.00 for each machine. The registration of each vending machine shall reflect the fact that it may only be located as specified in subsection (a) of Code Sec tion 16-12-173. No vending machine shall be purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that cigars and cigarettes contained in the machine bear the tax stamp required under this chapter." Section 5. Said Chapter 11 of Title 48 is further amended in Code Section 48-11-9, relating to contraband, by striking subsection (d) and inserting in its place a new subsection (d) of Code Section 48-11-9 to read as follows: "(d) Any vending machine containing or dispensing any cigarettes which do not bear the tax stamps required under this chapter or containing or dispensing any cigars upon which the tax has not been paid either through the purchase of stamps or the alternate procedure provided by the commissioner as required under this chapter shall be a contra band article. Any vending machine containing or dispensing cigarettes which is found to be in violation of subsection (a) of Code Section 16-12-173 shall likewise be a contraband arti cle. The commissioner may seize any svek contraband machine and deal with it in the same manner as provided by law for the seizure and sale of unstamped cigarettes and nontax-paid cigars." Section 6. Article 1 of Chapter 7 of Title 50 of the Official Code of Georgia Annotated, relating to the Department of Industry, Trade, and Tourism, is amended in Code Section 50-7-12, relating to welcome centers, by striking subsection (c) and inserting in its place a new subsection (c) of Code Section 50-7-12 to read as follows: "(c) The Department of Industry, Trade, and Tourism, with the concurrence of the Department of Transportation, is further authorized to install or provide for the installation of and to operate or provide for the operation of vending machines and to sell in such ma chines nonalcoholic beverages, snacks, candy, cigarettes, and other articles except cigarettes as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete un fairly with private enterprise, such prices to be set by the Department of Industry, Trade, and Tourism. The Department of Industry, Trade, and Tourism is also authorized to pro vide for the sale or free distribution of articles and merchandise at the welcome centers in such manner as is deemed to be in the best interest of promoting the tourist trade in this state." Section 7. Said Article 1 of Chapter 7 of Title 50 is further amended by striking Code Section 50-7-13, relating to revenue from vending machine sales, and inserting in its place a new Code section to read as follows: "50-7-13. Notwithstanding any provision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, snacks, candy, cigarettes, and other articles lawful arti cles from vending machines at welcome centers and tourist centers shall be utilized by the Department of Industry, Trade, and Tourism to offset the cost of maintenance of all wel come centers and tourist centers and litter pickup in these areas. Notwithstanding any pro vision to the contrary, all net revenue derived from the sale of nonalcoholic beverages, anaclta, candy, cigarettes, and other articles lawful articles from vending machines at safety rest areas shall be utilized by the Department of Transportation to offset the cost of mainte nance of all safety rest areas and litter pickup in these areas." Section 8. Said Article 1 of Chapter 7 of Title 50 is further amended in Code Section 50-7-14, relating to tourist centers near residences of former Presidents, by striking subsec tion (c) and inserting in its place a new subsection (c) of Code Section 50-7-14 to read as follows: "(c) The Department of Industry, Trade, and Tourism is further authorized to provide space for other commercial or noncommercial projects in the center and allow the persons to THURSDAY, MARCH 5, 1992 1569 sell or provide such articles or services as may be prescribed in the lease, contract, franchise, or other arrangement, as determined by the department. The Department of Industry, Trade, and Tourism shall regulate the sale or free distribution of such articles, merchandise, and services by other persons at the center in the manner it deems to be in the best interest of promoting tourist trade in this state and otherwise furthering the purposes for which the center is created. The Department of Industry, Trade, and Tourism is further authorized to install or provide for the installation of and to operate or provide for the operation of vend ing machines and to sell in such machines nonalcoholic beverages, snacks, candy, cigarcttca, and other articles except cigarettes as determined by the Department of Industry, Trade, and Tourism to be necessary or desirable for the traveling public at reasonable prices. The prices charged for these products will approximate the prevailing rate within the area for similar items so as not to compete unfairly with private enterprise, such prices to be set by the department." Section 9. This Act shall become effective July 1, 1992, except that no criminal penalty or forfeiture shall apply with respect to the unlawful location of a vending machine until on and after October 1, 1992. Section 10. All laws and parts of laws in conflict with this Act are repealed. By Senators Taylor of the 12th, Clay of the 37th and Tysinger of the 41st: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor by inserting a period (.) after the word "damages" on line 27 of page 7. And by striking the remainder of line 27 as well as by striking lines 28 and 29 on page 7. By Senators Garner of the 30th, Perdue of the 18th, Dean of the 31st and others: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor by adding on page 7, line 21, between the words, "employment" and "because", the word "solely". By Senator Tysinger of the 41st: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor as follows: Delete on page 7 beginning at line 11 through page 8, line 18; renumber sections as required; and strike page 1, line 17, after the semicolon through line 23 the word "hours". Senator Garner of the 30th moved that the Senate reconsider its action of February 25 in adopting the Senate substitute to SB 256. On the motion offered by Senator Garner of the 30th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Bowen Broun of 46th Brown of 26th Coleman Dean Echols English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Kidd Marable Moye Perdue Perry Ragan of 10th Ray Robinson Starr Tate Timmons Turner Walker of 43rd White 1570 JOURNAL OF THE SENATE Those voting in the negative were Senators: Baldwin Burton CCloalylins Dawkins Deal Edge Foster Muggins JNoehwnbsoilnl Phillips Pollard Ragan of 32nd Ramsey Scott Sbtteeminbbeerrge Taylor Thompson, Tysinger Those not voting were Senators: Alien Bishop Egan Langford Shumake Walker of 22nd On the motion, the yeas were 30, nays 20; the motion prevailed, and the Senate substi tute to SB 256 was reconsidered. Senator Broun of the 46th moved that SB 256 be placed on the Table. On the motion offered by Senator Broun of the 46th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Burton Clay Coleman Dawkins Deal Edge Foster Huggins Johnson Newbill Phillips Pollard Ragan of 32nd Ramsey Scott Steinberg Taylor Thompson Tysinger Those voting in the negative were Senators: Albert Bishop Bowen Brown of 26th Collins Dean Echols English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Kidd Marable Moye Perdue Perry Ragan of 10th Ray Robinson Starr Tate Timmons Turner Walker of 43rd White Those not voting were Senators: Alien Egan Langford Shumake Walker of 22nd On the motion, the yeas were 21, nays 30; the motion was lost, and SB 256 was not placed on the Table. Senator Brown of the 26th moved that the Senate reconsider its action on February 25 THURSDAY, MARCH 5, 1992 1571 in adopting the amendment offered by Senator Tysinger of the 41st to the substitute to SB 256 offered by the Senate Committee on Insurance and Labor. On the motion offered by Senator Brown of the 26th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Brown of 26th Ph"] English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Kidd Langford Marable Moye Perdue Perry Ragan of 10th Ray Robinson Tate Timmons Turner Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Baldwin Broun of 46th Burton Clay Coleman Collins Dawkins Deal Edge Foster Huggins Johnson Newbill Phillips Pollard Ragan of 32nd Ramsey Scott Starr Steinberg Taylor Thompson Tysinger Those not voting were Senators: Egan Shumake On the motion, the yeas were 31, nays 23; the motion prevailed, and the amendment offered by Senator Tysinger of the 41st to the substitute to SB 256 offered by the Senate Committee on Insurance and Labor was reconsidered. Senator Broun of the 46th moved that SB 256 be placed on the Table. On the motion offered by Senator Broun of the 46th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Burton Clay Coleman Dawkins Deal Edge Foster Huggins Johnson Newbill Phillips Pollard Ragan of 32nd Ramsey Scott Steinberg Taylor Thompson Tysinger Those voting in the negative were Senators: Albert Alien Bishop Bowen Brown of 26th Collins 1572 JOURNAL OF THE SENATE Dean Echols English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Kidd Langford Marable Moye Perdue Perry Ragan of 10th Ray Robinson Starr Tate Timmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Shumake On the motion, the yeas were 21, nays 33; the motion was lost, and SB 256 was not placed on the Table. On the adoption of the amendment offered by Senator Tysinger of the 41st to the sub stitute to SB 256 offered by the Senate Committee on Insurance and Labor, adopted previ ously and reconsidered, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Broun of 46th Burton Clay Coleman Collins Dawkins Deal Edge Foster Johnson Newbill Phillips Pollard Ragan of 32nd Ramsey Scott Steinberg Taylor Thompson Tysinger Those voting in the negative were Senators: Albert Alien Bishop Bowen Brown of 26th DEcehaonls English Garner Gillis Hammill Harris Hasty Henson Hill Hooks KLaidndgford Marable Moye Perdue Perry Ragan of 10th Ray Robinson Starr Tt T* immons lurner Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Huggins Shumake On the adoption of the amendment offered by Senator Tysinger of the 41st, the yeas were 21, nays 32, and the amendment was lost. Senator Clay of the 37th offered the following amendment: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor by striking from lines 21 and 22 of page 1 the following: "refuse to hire, discharge, or penalize an employee for using lawful", THURSDAY, MARCH 5, 1992 1573 and inserting in lieu thereof the following: "discharge or penalize an employee for using tobacco". By striking all matter on lines 16 through 29 of page 7 and inserting in lieu thereof the following: " '34-1-4. (a) It shall be unlawful for any employer or the agent of such employer to discharge any employee or otherwise to disadvantage or penalize any employee with respect to compensation, terms, conditions, or privileges of employment solely because such individ ual uses cigarettes or tobacco products off the premises of the employer during nonworking hours. (b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured individual or employee for reinstatement and back pay only." By replacing the words "one or more lawful" on line 1 of page 8 with the word "tobacco". By replacing the word "lawful" on line 4 of page 8 with the word "tobacco". By adding after the word "employees" on line 10 of page 8 the words "or excludes employees". On the motion offered by Senator Clay of the 37th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Broun of 46th Burton Clay Coleman Collins Dawkins Deal Foster Hammill Harris Huggins Johnson Newbill Phillips Ragan of 32nd Ramsey Scott Q, f,tarr Taylor Thompson Tysinger Those voting in the negative were Senators: Albert Alien Bowen Brown of 26th Egce. h*onl, s English Garner Gillis Hasty Henson Hill Hooks Kidd L,M.aanrgBafb,o,lred Mye Perdue Perry Pollard Ragan of 10th Ray Robinson Steinberg T_T,ia.mtemons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Shumake On the adoption of the amendment offered by Senator Clay of the 37th, the yeas were 23, nays 31, and the amendment was lost. 1574 JOURNAL OF THE SENATE Senator Clay of the 37th offered the following amendment: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor by striking from lines 21 and 22 of page 1 the following: "refuse to hire, discharge, or penalize an employee for using lawful", and inserting lieu thereof the following: "discharge or penalize an employee for using lawful products." By striking all matter on lines 16 through 29 of page 7 and inserting in lieu thereof the following: " '34-1-4. (a) It shall be unlawful for any employer or the agent of such employer to discharge any employee or otherwise to disadvantage or penalize any employee with respect to compensation, terms, conditions, or privileges of employment solely because such individ ual uses lawful products off the premises of the employer during nonworking hours. (b) Any employer or agent of such employer who violates subsection (a) of this Code section shall be liable to the injured individual or employee for reinstatement and back pay only." By adding after the word "employees" on line 10 of page 8 the words "or excludes employees". On the adoption of the amendment offered by Senator Clay of the 37th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Broun of 46th BCluaryton Coleman Collins Dawkins Deal Edge Foster HHuargrgisins Johnson Newbill Phillips Ragan of 32nd Ramsey Scott Q*t. arr Taylor Thompson Tysinger Those voting in the negative were Senators: Albert Alien Bowen Brown of 26th 5<;?n EEinCgnloilssh Garner GiHis Hammill Hasty Henson Hill Hooks Kidd Langford ,M,arab,,le Mye Perdue Perry Pollard Ragan of 10th Ray Robinson Steinberg Tate T_,i.mmons Turner Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Shumake On the adoption of the amendment offered by Senator Clay of the 37th, the yeas were 23, nays 31, and the amendment was lost. THURSDAY, MARCH 5, 1992 1575 Senator Hammill of the 3rd offered the following amendment: Amend the substitute to SB 256 offered by the Senate Committee on Insurance and Labor as follows: "an"Ownitphag"ea";1, line 21, insert "current" between "penalize" and "employee" and replace on page 7, line 18, insert "current" between "any" and "employee"; and on page 7, line 19, insert "current" between "any" and "employee". On the adoption of the amendment offered by Senator Hammill of the 3rd, the Presi dent ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Baldwin Bishop Broun of 46th Burton Clay Coleman Dawkins Deal Edge Foster Hammill Harris Huggins Johnson Newbill Phillips Ragan of 32nd Ramsey Scott Starr Steinberg Taylor Thompson Tysinger Those voting in the negative were Senators: Albert Alien Bowen Brown of 26th C_DE.coehlaloninlss English Garner Gillis Hasty Henson Hill Hooks KTLMaiadnrdgafb,.olred, Moye Perdue Perry Ragan of 10th Ray Robinson Tate T_ll,iu.mrnmmeonrnngs Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Pollard Shumake On the motion offered by Senator Hammill of the 3rd, the yeas were 24, nays 29, and the amendment was lost. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen , Brown of 26th DCOeallnlnS Echols English Garner Gillis Hasty Henson Hill Hooks R^ KT^i.dJdJ Langford Moye Perdue Perry Ragan of 10th Ray Robinson Starr Tate Tmi-mmons Turner Walker of 22nd Walker of 43rd White 1576 JOURNAL OF THE SENATE Those voting in the negative were Senators: Baldwin Broun of 46th Burton Coleman Dawkins Edge Foster Hammill Harris Johnson Marable Newbill Phillips Pollard Ragan of 32nd Ramsey Scott SteinberS Taylor Thompson Tysinger Those not voting were Senators: Deal Egan Shumake On the adoption of the substitute, the yeas were 31, nays 22, and the substitute was adopted as amended. Senator Newbill of the 56th moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow. On the motion offered by Senator Newbill of the 56th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Clay Foster Newbill Steinberg Taylor Those voting in the negative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye 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: Egan Shumake On the motion offered by Senator Newbill of the 56th, the yeas were 5, nays 49; the motion was lost, and the Senate did not adjourn. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. THURSDAY, MARCH 5, 1992 1577 On the 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 Brown of 26th Collins Dean Echols English Garner Gillis Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Perdue Perry Ragan of 10th Ray Robinson Starr Tate Timmons Turner Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Baldwin Broun of 46th Burton Clay Coleman Dawkins Deal Edge Foster Hammill Harris Johnson Newbill Phillips Pollard Ragan of 32nd Ramsey Scott Steinberg Taylor Thompson Tysinger Those not voting were Senators: Egan Shumake On the passage of the bill, the yeas were 32, nays 22. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1595. By Representative Dover of the llth: 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 provide for a three-year digest evaluation cycle. The House has adopted by the requisite constitutional majority the following resolution of the Senate: SR 477. By Senators Coleman of the 1st, Thompson of the 33rd and Hill of the 4th: A resolution proposing an amendment to the Constitution so as to provide for the creation of a Transportation Trust Fund from which funds shall be disbursed for transportation purposes; to provide for payments into the fund and disburse ments therefrom; to provide that moneys in the fund shall not lapse; to provide for the submission of this amendment for ratification or rejection. 1578 JOURNAL OF THE SENATE The following bill of the House was read the first time and referred to committee: HB 1595. By Representative Dover of the llth: 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 digest, so as to provide for a three-year digest evaluation cycle. Referred to Committee on Finance and Public Utilities. The following general bills of the House, favorably reported by the committee, were read the third time and put upon their passage: HB 1387. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: 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 on publicly owned or operated and not privately owned or operated lands and property. Senate Sponsor: Senator Robinson of the 16th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton CColalylins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Henson Hill Hooks JKoihdndson Langford Moye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Steinberz Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman English Hasty Huggins Marable Pollard Scott Shumake Starr On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. THURSDAY, MARCH 5, 1992 1579 HB 1440. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Article 2 of Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to the control of vehicle emissions, so as to broaden the ap plication of certain requirements for emission inspection; to provide a short title. Senate Sponsor: Senator Edge of the 28th. Senators Newbill of the 56th, Ramsey of the 54th, Clay of the 37th and Hasty of the 51st offered the following amendment: Amend HB 1440 by striking on page 59, line 26, "$25.00" and adding "$15.00" in its place. On the adoption of the amendment, the yeas were 7, nays 29, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin BishP Bowen Broun of 46th BuTon Coleman Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hill Hookg Hu**in8 J*TMm Kldd Marable Move Perdue Perry Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Steinber* Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Clay Collins Garner Hasty Henson Langford Newbill Ragan of 32nd Starr Tate Thompson Those not voting were Senators: Deal (presiding) Shumake On the passage of the bill, the yeas were 43, nays 11. The bill, having received the requisite constitutional majority, was passed. 1580 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following bill of the House: HB 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. The House has disagreed to the Senate amendment to the following bill of the House: HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th, Watts of the 41st, Edwards of the 112th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged text book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Senator Taylor of the 12th introduced the doctor of the day, Dr. Van Cise Knowles, of Albany, Georgia. The following general bills and resolution of the House, favorably reported by the com mittees, were read the third time and put upon their passage: HB 1459. By Representatives Streat of the 139th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Code Section 32-6-23 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to provide for singletrip permits for mobile homes, modular homes, and sectional houses in excess of 14 feet wide up to and including 16 feet wide. Senate Sponsor: Senator Ray of the 19th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 Brown of 26th Burton Clay Coleman Collins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable THURSDAY, MARCH 5, 1992 1581 Perdue Perry Phillips PRoalglaanrdof 10th Ragan of 32nd Ramsey Ray Robinson Scott SStteairnr berg Tate Taylor Thompson Timmons Turner .W..al,,ker of,, 22nd, Walker of 43rd White Those voting in the negative were Senators: Broun of 46th Dawkins Newbill Tysinger Those not voting were Senators: Deal (presiding) Henson Moye Shumake On the passage of the bill, the yeas were 47, nays 4. The bill, having received the requisite constitutional majority, was passed. HB 1767. By Representatives Yeargin of the 14th, Connell of the 87th, Ricketson of the 82nd and others: A bill to amend Part 6 of Article 7 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, the "Upper Savannah River Development Authority Act," so as to change the membership of the authority; to change the operational jurisdic tion of the authority; to revise the scope and definition of a project of the authority. Senate Sponsor: Senator Johnson of the 47th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay CCoollleimnsan Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson KLaidndgford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg ,, iTfho16mpson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White 1582 JOURNAL OF THE SENATE Those not voting were Senators: Dawkins Deal (presiding) Henson Ragan of 10th Shumake Taylor On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HR 778. By Representative Colwell of the 4th: A resolution authorizing the disposition by sale, lease, or exchange of certain state owned improved real properties located in the cities of Athens, Clarke County, Georgia; Macon, Bibb County, Georgia; Moultrie, Colquitt County, Georgia; Thomasville, Thomas County, Georgia; and Tifton, Tift County, Georgia. Senate Sponsor: Senator Starr of the 44th. The report of the committee, which was favorable to the adoption of the resolution was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger White Those not voting were Senators: Bowen Deal (presiding) Edge Langford Shumake Taylor Walker of 22nd Walker of 43rd On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted. HB 1196. By Representatives Reaves of the 147th, Royal of the 144th, Hudson of the 117th and others: A bill to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other political subdivision of this state shall adopt or continue in effect any THURSDAY, MARCH 5, 1992 1583 ordinance, rule, regulation, or resolution relating to pesticide use, sale, distribu tion, storage, transportation, disposal, formulation or labeling. Senate Sponsors: Senators Hooks of the 14th and Perdue of the 18th. The Senate Committee on Natural Resources offered the following substitute to HB 1196: A BILL To be entitled an Act to amend Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," so as to provide that no county, municipal corporation, consolidated government, or other po litical subdivision of this state shall adopt or continue in effect any ordinance, rule, regula tion, or resolution relating to pesticide use, sale, distribution, storage, transportation, dispo sal, formulation or labeling, registration, or manufacture; to provide an exemption; to provide for petitions for variances and the practices and procedures connected therewith; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 3 of Chapter 7 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Pesticide Use and Application Act of 1976," is amended by adding, following Code Section 2-7-113, a new Code Section 2-7-113.1 to read as follows: "2-7-113.1 (a) No county, municipal corporation, consolidated government, or other po litical subdivision of this state shall adopt or continue in effect any ordinance, rule, regula tion, or resolution relating to pesticide use, sale, distribution, storage, transportation, dispo sal, formulation, labeling, registration, or manufacture. This provision shall in no way prohibit or impair the legal right of any county, municipal corporation, consolidated govern ment, or other political subdivision of this state to issue business licenses or to make zoning decisions. (b) The governing authority of any county or municipality may, by resolution, petition the Commissioner of Agriculture for a variance from a rule or regulation of the Commis sioner because of special circumstances relating to the use or application of a pesticide. If such a petition is received by the Commissioner, it shall be the duty of the Commissioner to notify the President of the Senate, the Speaker of the House of Representatives, and the chairmen of the Agriculture Committee and Natural Resources Committee of the Senate and the Agriculture and Consumer Affairs Committee and the Natural Resources and Envi ronment Committee of the House of Representatives that such petition has been received. The Commissioner shall conduct a public hearing on such petition and issue a decision on the requested variance within 60 days of the receipt of the petition. If a decision is not given within 60 days of the receipt of the petition, the variance shall automatically be granted. The Commissioner may grant a variance requested under this subsection with or without changes." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th 1584 JOURNAL OF THE SENATE Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Albert Deal (presiding) Hooks Langford Shumake Starr Taylor Thompson 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 1400. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 3 of Chapter 17 of Title 50 of the Official Code of Georgia Annotated, relating to state depositories, so as to provide for cash management policies and procedures and for forms, reports, and plans; to provide for a cash management officer; to provide for fees for the state's banking services. Senate Sponsor: Senator Robinson of the 16th. The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Dover, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 17, 1992 SUBJECT: Fiscal Note - House Bill 1400 (LC 11 7735-EC) State Depositories - Cash Management Policies This bill would allow the State Depository Board to negotiate and pay fees to banks for the state's banking services. The fees would be paid from the interest income earned on the investment of available balances by the state. Currently, banks retain interest on the use of the balances since the state is prohibited from paying bank fees. The bill also allows the Board to prescribe and enforce cash management policies and procedures to maximize the efficient and effective use of the state's cash resources and authorizes the director of the THURSDAY, MARCH 5, 1992 1585 Department of Administrative Services (DOAS) Fiscal Division to serve as the state's cash management officer. The Board would also be authorized to establish the policies and proce dures governing the collection, processing, deposit, and withdrawal of state funds for all departments and agencies. This bill would increase state revenues through increased investment income on idle cash balances; however, the amount cannot be determined since average account balance information is not available on the estimated 700 agency bank accounts throughout the State. Additionally, the amount of interest income realized would be offset by bank fees which vary according to account activity and the average balance adjusted for Federal Re serve requirements. Also, it cannot be predicted to what extent Board policies and proce dures will impact state revenues. Currently, each agency establishes and manages its own non-interest bearing bank ac counts and since existing provisions do not allow the state to pay bank fees, banks earn interest on state funds to compensate for their services. Based on information obtained from the DOAS Fiscal Division, 67 various agency accounts were identified with average net available balances of approximately $64 million for fiscal year 1992 (through December 31, 1991). Estimated interest earnings on these balances would be $2 million based on current overnight investment rates of 3.5%. /s/ G. W. Hogan State Auditor /a/ Henry M. Huckaby Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips 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: Albert Deal (presiding) Hooks Langford 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. 1586 JOURNAL OF THE SENATE The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 567. By Senators Walker of the 43rd and Garner of the 30th: A bill to amend Chapter 2 of Title 28 of the Official Code of Georgia Annotated, relating to apportionment of the House of Representatives and Senate and quali fications of members, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Sena tors elected shall take office. The House amendment was as follows: Amend SB 567 by striking the word "composed" on line 24 of page 1 and inserting in its place the following: "made up". Senator Walker of the 43rd moved that the Senate disagree to the House amendment to SB 567. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 567. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 309. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-2-110 of the Official Code of Georgia Annotated, relating to retirement ages, eligibility for retirement, and the suspension of re tirement benefits under the Employees' Retirement System of Georgia upon reemployment, so as to provide that such benefits shall not be suspended if a mem ber performs no more than 1,040 hours of service for certain employers. Senate Sponsor: Senator Tate of the 38th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Thomas B. Murphy, Speaker House of Representatives FROM: G. W. Hogan, State Auditor DATE: January 22, 1991 SUBJECT: House Bill 309 (LC 21 0885) Employees' Retirement System This bill amends provisions relating to the suspension of retirement benefits for mem bers under the Employees' Retirement System who become employed after their retirement. The bill would allow such members to continue receiving retirement benefits provided that the member does not perform more than 1,040 hours of service in any calendar year and THURSDAY, MARCH 5, 1992 1587 does not become eligible for any employee benefits other than those available as a part of the member's retirement benefits. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 309 (LC 21 0885) Employees' Retirement System This bill amends provisions relating to the suspension of retirement benefits for mem bers under the Employees' Retirement System who become employed after their retirement. The bill would allow such members to continue receiving retirement benefits provided that the member does not perform more than 1,040 hours of service in any calendar year and does not become eligible for any employee benefits other than those available as a part of the member's retirement benefits. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 6,000* (2) The amount of annual normal cost which will result from the bill. $ 0* (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14%* (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 6,000* * It is not known how many retired members would be affected by the bill. The costs are based on one member receiving a $1,000 monthly benefit that might have otherwise been suspended for six months. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor 1588 JOURNAL OF THE SENATE BUCK CONSULTANTS 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 September 24, 1991 Hon. G. W. Hogan, Sate Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 309 (LC 21 0885) As requested, we have made an actuarial investigation of the impact of House Bill 309 (LC 21 0885) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide that retirement benefits under the Employees' Retirement Sys tem shall not be suspended if a member performs no more than 1,040 hours of service for certain employers. We do not know how many retired members may be affected by this legislation. How ever, we estimate that if one member receiving a $1,000 monthly benefit would otherwise have had the benefit suspended for six months, the annual employer cost would be $6,000. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Before Amendment $ 1,053,440 After Amendment $ 1,053,446 Increase $6 Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal 4.97% $ 79,520 4.97% $ 79,520 0% $0 Accrued Liability 5.67 90,720 5.67 90,726 0 6 Cost-of-Living 1.75 28,000 1.75 28,000 0 0 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,246 0% $6 4.75 76,000 4.75 76,000 0 0 Total 17.14% $ 274,240 17.14% $ 274,246 0% $6 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the Employees' Retire ment System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill was agreed to. THURSDAY, MARCH 5, 1992 1589 On the passage of 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 of 46th Brown of 26th BCluaryton Coleman Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill HHouogkgsins Johnson Kidd Marable Moye Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Scott Starr Tate --Th, ompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Collins Dawkins Egan Newbill Perdue Robinson Those not voting were Senators: Deal (presiding) Langford Phillips Shumake Steinberg Taylor On the passage of the bill, the yeas were 44, nays 6. The bill, having received the requisite constitutional majority, was passed. HB 1241. By Representatives Birdsong of the 104th, Lane of the lllth, Carter of the 146th 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 generally, so as to provide for the transfer of ownership and to provide for payment for agricultural prod ucts under certain conditions. 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill 1590 JOURNAL OF THE SENATE Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner ,,. wT Walker of Walker of 43rd White Those not voting were Senators: Deal (presiding) Egan Langford Phillips Shumake Taylor On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1545. By Representatives Baker of the 51st, Irwin of the 57th, Sherrill of the 47th and Dunn of the 73rd: A bill to amend Part 1 of Article 7 of Chapter 13 of Title 9 of the Official Code of Georgia Annotated, relating to advertisement of judicial sales, so as to provide new standards for the designation of official organs. 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 of 46th Brown of 26th Burton CCloalyeman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill HHouogkgsins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ra ,,S.tem. b, erg i,fte Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal (presiding) Langford Robinson Shumake Taylor Walker of 43rd On the passage of the bill, the yeas were 50, nays 0. THURSDAY, MARCH 5, 1992 1591 The bill, having receiving the requisite constitutional majority, was passed. HB 1412. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: 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 Depart ment of Education shall develop materials and resource guides for an environ mental education and recycling awareness program for public schools. Senate Sponsors: Senators Robinson of the 16th and Dawkins of the 45th. The Senate Committee on Education offered the following substitute to HB 1412: 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 Depart ment of Education shall develop materials and resource guides for an environmental educa tion and recycling awareness program for public schools; to provide that the department shall compile and disseminate certain information; to provide that the department shall perform certain training; to create the Environmental Education Council; to provide for the appointment of members; to provide for terms and the filling of vacancies; to provide for reimbursement of travel expenses; to provide for the provision of facilities and clerical and professional assistance; to provide powers and duties of the council; to provide for the de posit of and accounting for funds received by the council; 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 inserting immediately following Code Section 20-2-303 a new Code section to read as follows: "20-2-304. (a) The Department of Education shall develop curriculum materials and resource guides for an environmental education and recycling awareness program for kinder garten through grade 12. The purpose of such program shall be to instill in students an appreciation for the environment and their place within the environment. (b) The department shall compile and disseminate to interested persons information on successful environmental programs in this state and elsewhere in the country. The depart ment shall include environmental education as a part of the in-service training and staff development programs for schools, school systems, and regional educational service agencies." Section 2. Said article is further amended by inserting immediately following Code Sec tion 20-2-322 the following: "20-2-322.1. (a) There is created within the Department of Education the Environmen tal Education Council. The membership of the council shall be composed of the State School Superintendent, the commissioner of natural resources or his designee, the commis sioner of community affairs or his designee, and members appointed as follows: (1) The Governor shall appoint nine members as follows: (A) Two persons whose primary job responsibility is teaching science in the public schools of this state; (B) Two persons employed by the University System of Georgia, at least one of whom shall be a specialist in the field of ecology or environmental science; (C) One person representing a state-wide environmental organization; (D) Two persons representing the business community of this state; 1592 JOURNAL OF THE SENATE (E) One person representing the Georgia Municipal Association; and (F) One person representing the Association County Commissioners of Georgia; and (2) The President of the Senate and the Speaker of the House of Representatives shall each appoint one member who shall not be a member of the General Assembly. (b) Seven members of the council shall constitute a quorum. (c) Vacancies shall be filled by the applicable appointing authority. All appointed mem bers shall serve at the pleasure of the appointing authority. (d) The Governor shall appoint one member to serve as chairman. The chairman shall appoint one member to serve as secretary-treasurer. (e) The members of the council shall serve without compensation but shall be entitled to receive the travel allowance provided in Code Section 50-19-7 for travel in furtherance of this Code section. The Department of Education shall provide the council with such facili ties and clerical and professional assistance as the department deems appropriate. All such expenses, facilities, and assistance shall be provided from funds appropriated to the depart ment and shall be subject to the availability of such funding. (f) The council shall have the power and the duty to solicit and accept private funds and receive state funds to be used for grants to local school systems for programs and projects designed to enhance awareness of environmental issues among the kindergarten and primary and secondary education students in the state. (g) The council shall award the grants referred to in subsection (e) of this Code section pursuant to criteria established by rule or regulation; provided, however, that any such grant awarded shall be conditioned upon the recipient's providing matching funds in an amount equaling at least 20 percent of the amount of the grant. Such matching funds may consist in whole or in part of local private funds or in-kind donations. (h) The council shall advise the Governor, the State School Superintendent, and the Department of Education on curriculum materials and resource guides for environmental education and recycling awareness programs for kindergarten through grade 12, on the pro grams and projects utilized by the schools designed to enhance awareness of environmental education, and on changes that the council deems advisable to improve and enhance envi ronmental education in Georgia. (i) All funds received by the council shall be deposited in a banking institution in this state in a federally insured account. At the close of each fiscal year, the Department of Education shall cause an audit of all such funds to be conducted and shall provide copies of such audit to the state auditor and the Governor." Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Deal of the 49th offered the following amendment: Amend the substitute to HB 1412 offered by the Senate Committee on Education by striking on line 5 of page 1 the words "and recycling" and inserting in lieu thereof the following: ", recycling, and composting". By striking on line 25 of page 1 the words "and recycling" and inserting in lieu thereof the following: ", recycling, and composting". By inserting on line 7 of page 2 after the word "education" the following: "and recycling and composting awareness programs". THURSDAY, MARCH 5, 1992 1593 By striking on line 13 of page 4 the words "and recycling" and inserting in lieu thereof the following: ", recycling, and composting". On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun of 46th Brown of 26th 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 Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Baldwin Deal (presiding) Langford Pollard Shumake Taylor Walker of 43rd On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1162. By Representative Adams of the 79th: A bill to amend Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, so as to provide that at least one member of such board shall be a physically handicapped person. Senate Sponsor: Senator Ramsey of the 54th. The Senate Committee on Health and Human Services offered the following substitute to HB 1162: A BILL To be entitled an Act to amend Code Section 49-2-2 of the Official Code of Georgia 1594 JOURNAL OF THE SENATE Annotated, relating to the creation of the Board of Human Resources, so as to change the composition of such board; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 49-2-2 of the Official Code of Georgia Annotated, relating to the creation of the Board of Human Resources, is amended by striking subsection (a) in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: "(a) There is created a Board of Human Resources which shall establish the general policy to be followed by the Department of Human Resources created by Code Section 49-21. The board shall consist of 15 members, with at least one but not more than two from each congressional district in the state, appointed by the Governor and confirmed by the Senate. Seven members of the board shall be engaged professionally in rendering health services, a*d at least five of these seven members shall be licensed to practice medicine pursuant to Chapter 34 of Title 43, at least one member shall be licensed to practice dentistry pursuant to Chapter 11 of Title 43, and at least one member shall be a consumer of services. After July 1, 1993, at least one member of the board shall be a physically handicapped person." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senators Steinberg of the 42nd, Henson of the 55th and Walker of the 43rd offered the following amendment: Amend the substitute to HB 1162 offered by the Senate Committee on Health and Human Services as follows: On line 23 strike the word "and", on line 24 strike the period after "services", and add after "services" the words, "and at least one member shall be a licensed nursing home ad ministrator pursuant to Chapter 27 of Title 43.". On the adoption of the amendment offered by Senators Steinberg of the 42nd, Henson of the 55th and Walker of the 43rd, 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 Bishop Bowen Brown of 26th B urton XCo,lyeman Dean English Foster Garner Gillis Hammill Harris Hasty Henson Hill H,,ooks "u<^n8 Johnson Kidd Marable Moye Newbill Perry Ragan of 10th Ragan of 32nd Ramsey Ray Scott ,,Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Albert Broun of 46th Collins Egan Phillips Robinson Starr THURSDAY, MARCH 5, 1992 1595 Those not voting were Senators: Baldwin Dawkins Deal (presiding) Langford Perdue Pollard Shumake Taylor Walker of 43rd On the adoption of the amendment, the yeas were 40, nays 7, and the amendment was adopted. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the 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 of 46th Brown of 26th B,.urton Coleman Collins Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hm Hooks Hufins Johnson Kidd Marable Moye Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Stemberg Tate Thompson Timmons Turner Tysinger White Voting in the negative was Senator Egan. Those not voting were Senators: Baldwin Dawkins Deal (presiding) Langford Perdue Shumake Taylor Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 46, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1144. By Representatives Randall of the 101st and Redding of the 50th: A bill to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to clarify the definition of pledged goods as it relates to a motor vehicle and motor vehicle certificates of title. Senate Sponsor: Senator Alien of the 2nd. The Senate Committee on Governmental Operations offered the following substitute to HB 1144: A BILL To be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the 1596 JOURNAL OF THE SENATE Official Code of Georgia Annotated, relating to pawnbrokers, and Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of factors, bailees, acceptors, and depositories, so as to change certain definitions; to prohibit the leas ing of motor vehicles in relation to a pawn transaction; to provide for limitations on the duration of pawn transactions; to provide for limitations on the amount of any repossession fee charged in relation to a pawn transaction involving a motor vehicle; to provide for a holding period after repossession; to provide for certain required contents of any advertise ment or sign relating to a pawnshop or pawn transaction; to prohibit the use of a certain term in advertisements relating to a pawnbroker's business; to provide an exception with respect to such prohibition; to provide additional requirements for signs relating to a pawn shop; to provide an exception to such sign requirements; to provide for disclosure tickets or statements and their contents; to provide for certain disclosures; to provide for limitations on charges and fees regarding pawn transactions; to provide for a right of action regarding excess charges; to provide for other matters relating to or regulating pawn transactions and pawnbrokers; to provide for related matters; to provide an effective date; to repeal conflict ing laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, is amended by striking paragraph (3) of Code Section 44-12-130, relating to definitions, and inserting in lieu thereof a new paragraph (3) to read as follows: "(3) 'Pawn transaction' means any loan on the security of pledged goods or any purchase of pledged goods on the condition that the pledged goods may be redeemed or repurchased by the pledger or seller for a fixed price within a fixed period of time and any purchase of a motor vehicle oh the condition that such motor vehicle may be redeemed or repurchased by the acllw for a fixed price within a fixed period of time and may be leased back to the acllcr during such period of time." Section 2. Said part is further amended by striking paragraph (5) of Code Section 4412-130, relating to definitions, and inserting in lieu thereof a new paragraph (5) to read as follows: "(5) 'Pledged goods' means tangible personal property, including, without limitation, all types of motor vehicles or any motor vehicle certificate of title, which property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction. However, for purposes of this Code section, possession of any motor vehicle certificate of title which has come into the possession of a pawnbroker through a pawn transaction made in accordance with law shall be conclusively deemed to be possession of the motor vehicle, and the pawnbroker shall retain physical possession of the motor vehicle certificate of title for the entire length of the pawn transaction but shall not be required in any way to retain physical possession of the motor vehicle at any time. 'Pledged goods' shall not include ether than chooses in action, securities, or printed evi dences of indebtedness, which property ia purchased by, deposited with, or otherwise actu ally delivered into the possession of a pawnbroker in connection with a pawn transaction." Section 3. Said part is further amended by striking subsection (a) of Code Section 4412-131, relating to the legal rate of interest and consequences of excessive charges, which reads as follows: "(a) Any pawnbroker may contract for and receive interest up to the rate of 2 percent per month, with a minimum charge of $5.00, on the principal amount advanced on the pawn transaction and a pawnshop charge for all services, expenses, costs, and losses of every na ture whatsoever. The pawnshop charge allowed under this subsection shall not exceed onefourth of the principal amount, per month, advanced in the pawn transaction. The pawn shop charge shall not be deemed interest for any purpose. Motor vehicles shall be exempt from the limit of one-fourth of the principal amount provision of this subsection and pawn shops may charge a storage fee for motor vehicles not to exceed $30.00 per day.", THURSDAY, MARCH 5, 1992 1597 and inserting in lieu thereof a new subsection (a) to read as follows: "(a) (1) All pawn transactions shall be for 30 day periods but may be extended or con tinued for additional 30 day periods. (2) A pawnbroker shall not lease back to the seller or pledgor any motor vehicle during a pawn transaction or during any extension or continuation of the pawn transaction. (3) Unless otherwise agreed, a pawnbroker has upon default the right to take possession of the motor vehicle. In taking possession, the pawnbroker or his agent may proceed without judicial process if this can be done without breach of the peace or may proceed by action. (4) (A) During the first 90 days of any pawn transaction or extension or continuation of the pawn transaction, a pawnbroker may charge for each 30 day period interest and pawn shop charges which together equal no more than 25 percent of the principal amount ad vanced, with a minimum charge of up to $10.00 per 30 day period. (B) On any pawn transaction which is continued or extended beyond 90 days, a pawn broker may charge for each 30 day period interest and pawnshop charges which together equal no more than 12.5 percent of the principal amount advanced, with a minimum charge of up to $5.00 per 30 day period. (C) In addition to the charges provided for in subparagraphs (A) and (B) of this para graph, in a pawn transaction or in any extension or continuation of a pawn transaction involving motor vehicle or a motor vehicle certificate of title, a pawnbroker may charge the following: (i) A fee equal to no more than any fee imposed by the appropriate state to register a lien upon a motor vehicle title, but only if the pawnbroker actually registers such a lien; (ii) No more than $5.00 per day in storage fees, but only if an actual repossession pursu ant to a default takes place on a vehicle which was not already in the pawnbroker's posses sion and only for each day the pawnbroker must actually retain possession of the motor vehicle; and (iii) A repossession fee of $50.00 within 50 miles of the office where the pawn originated, $100.00 within 51 to 100 miles, $150.00 within 101 to 300 miles and a fee of $250.00 beyond 300 miles, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbroker's possession. (D) If a pledgor or seller requests that the pawnbroker mail or ship the pledged item to the pledgor or seller, a pawnbroker may charge a fee for the actual shipping and mailing costs, plus a handling fee equal to not more than 50 percent of the actual shipping and mailing costs. (E) In the event the pledgor or seller has lost or destroyed the original pawn ticket, a pawnbroker may, at the time of redemption, charge a fee equal to not more than $2.00. (5) No other charge or fee of any kind by whatever name denominated, including but not limited to any other storage fee for a motor vehicle, shall be made by a pawnbroker except as set out in paragraph (4) of this subsection. (6) No fee or charge provided for in this Code section may be imposed unless a disclos ure regarding that fee or charge has been properly made as provided for in Code Section 4412-138. (7) (A) Any interest, fees, or charges collected which are undisclosed, improperly dis closed, or in excess of that allowed by this subsection may be recovered by the pledgor or seller in an action at law in any superior court of appropriate jurisdiction. (B) In any such action in which the pledgor or seller prevails, the court shall also award reasonable attorneys' fees, court costs, and any expenses of litigation to the pledgor or seller. (C) Before filing an action under this Code section, the pledgor or seller shall provide the pawnbroker with a written notice by certified mail, return receipt requested, that such 1598 JOURNAL OF THE SENATE an action is contemplated, identifying any fees or charges which the pledger or seller con tends are undisclosed, improperly disclosed, or in excess of the fees and charges allowed by this Code section. If the court finds that during the 30 days following receipt of this notice the pawnbroker made a good faith offer to return any excess, undisclosed, or improperly disclosed charges, the court shall award reasonable attorneys' fees, court costs, and expenses of litigation to the pawnbroker. (D) No action shall be brought under this Code section more than two years after the pledger or seller knew or should have known of the excess, undisclosed, or improperly dis closed charges." Section 4. Said part is further amended by adding at the end thereof a new Code Sec tion 44-12-138 to read as follows: "44-12-138. (a) (1) Any pawnbroker as defined in paragraph (2) of Code Section 44-12130 shall include most prominently in any and all types of advertisements the word 'pawn' or the words 'pawn transaction.' A pawnbroker shall not use the term 'loan' in any adver tisements or in connection with any advertising of the business of the pawnbroker; provided, however, that the provisions of this sentence shall not apply to a pawnbroker in business on March 1, 1992, which uses the term 'loan' in connection with the name of the business or with advertising of the business. (2) On any sign advertising a pawnbroker's business, the words on such sign shall be in at least 24 inch high letters. On any other sign on the property where the pawnbroker's business is located which advertises any other activities or business engaged in by the per son who is a pawnbroker, the words on such sign shall be in 12 inch high letters or smaller; provided, however, that the provisions of this paragraph shall not apply to signs of pawn brokers which signs are in existence on March 1, 1992. (b) Every pawnbroker in every pawn transaction shall present the pledger or seller with a written disclosure ticket or statement in at least nine-point type, appropriately completed, with no other written or pictorial matter except as provided in subsection (c) of this Code section, containing the following information: (1) Information identifying the pawnbroker by name and address; (2) A statement as follows: 'This is a pawn transaction. Failure to make your payments as described in this docu ment can result in the loss of the pawned item. The pawnbroker can sell or keep the item if you have not made all payments by the specified maturity date.'; (3) If the pawned item is a motor vehicle or motor vehicle certificate of title, a state ment as follows: 'Failure to make your payment as described in this document can result in the loss of your motor vehicle. The pawnbroker can also charge you certain fees if he or she actually repossesses the motor vehicle.'; (4) A statement that the length of the pawn transaction is 30 days and that it can only be renewed with the agreement of both parties and only for 30 day incremental periods; (5) The annual percentage rate, computed in accordance with the federal Truth in Lending Act and regulations under the federal Truth in Lending Act, for the first 30 days of the transaction, computed as if all interest and pawnshop charges were considered to be interest; (6) The annual percentage rate, computed in accordance with the federal Truth in Lending Act and regulations under the federal Truth in Lending Act, for each 30 day period in which the pawn transaction might be continued or extended, computed as if all interest and pawnshop charges were considered to be interest. For purposes of identifying the an nual percentage rate after the second continuation or extension, a single statement which identifies an annual percentage rate for each possible 30 day period thereafter shall meet the requirements of this Code section; THURSDAY, MARCH 5, 1992 1599 (7) A statement in dollar amounts of how much it will cost the seller or pledger to redeem the merchandise in the first 30 day period of the transaction; (8) A statement in dollar amounts of how much it will cost the seller or pledgor to redeem the merchandise in any 30 day period after the first 30 day period of the pawn transaction, provided that all fees and charges have been kept current; (9) A statement of the specific maturity date of the pawn transaction; (10) A statement of how long, the grace period, the pledged goods may be redeemed after the specific maturity date and the dollar amount which will be required to redeem the pledged goods after the specific maturity date; (11) A statement that after the grace period the pledged goods become the property of the pawnbroker; (12) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may not charge a storage fee for the motor vehicle unless the pawnbroker repossesses the motor vehicle pursuant to a default; (13) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a storage fee for a repossessed motor vehicle not to exceed $5.00 per day, but only if the pawnbroker actually repossesses and actually must store the motor vehicle; (14) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a repossession fee, not to exceed $50.00, but only if the pawnbroker actually repossesses the motor vehicle; (15) If the pawn transaction involves a motor vehicle or motor vehicle certificate of title, a statement that the pawnbroker may charge a fee to register a lien upon the motor vehicle certificate of title, not to exceed any fee actually charged by the appropriate state to register a lien upon a motor vehicle certificate of title, but only if the pawnbroker actually places such a lien upon the motor vehicle certificate of title; (16) A statement that any costs to ship the pledged items to the pledgor or seller can be charged to the pledgor or seller, along with a handling fee to equal no more than 50 percent of the actual costs to ship the pledged items; and (17) A statement that a fee of up to $2.00 can be charged for each lost or destroyed pawn ticket. (c) In addition to the information required by subsection (b) of this Code section, the pawnbroker may, but is not required to, include the following information on the same dis closure ticket or statement, provided that such information is not used to obscure or obfus cate the information required by subsection (b) of this Code section: (1) Information identifying the pledgor or seller; (2) Any logo which the pawnbroker may desire to use; (3) Any numbers or characters necessary for the pawnbroker to identify the merchan dise or goods associated with the pawn transaction; (4) Any other information required to be disclosed to consumers by any other law, rule, or regulation of the United States or of the State of Georgia; (5) Information identifying or describing the pledged item; (6) Information which is only for the internal business use of the pawnbroker; (7) The hours of operation of the pawnbroker; (8) The time of day of the pawn transaction; and (9) Any agreement between the pledgor or seller and the pawnbroker which does not controvert the provisions of this part, of Part 5 of Article 8 of Chapter 14 of this title, or of Part 2 of Article 15 of Chapter 1 of Title 10. 1600 JOURNAL OF THE SENATE (d) The pawnbroker shall have the pledger or seller sign the disclosure statement and shall furnish a completed copy to the pledger or seller. The pawnbroker shall maintain a completed and signed copy of the disclosure statement on file for two years subsequent to the maturity date of the pawn transaction. Failure to maintain such a copy shall be conclu sive proof that the pawnbroker did not furnish such a statement to the pledger or seller. (e) Notwithstanding anything to the contrary contained elsewhere in this Code section, no municipality or local government may impose any requirements upon a pawnbroker re garding the disclosures which must be made to a pledgor or seller or which must be made in the pawn ticket, other than those requirements contained in this Code section." Section 5. Part 5 of Article 8 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to liens of pawnbrokers, factors, bailees, acceptors, and depositories, is amended by striking subsection (b) of Code Section 44-14-403, relating to liens of pawnbro kers, actions for interference, and redemption of goods, which reads as follows: "(b) Pledged goods not redeemed on or before the maturity date fixed and set out in the pawn ticket issued in connection with any transaction shall be held by the pawnbroker for ten days following such date and may be redeemed by the pledgor or seller within such period by the payment of the originally agreed redemption price, the payment of an addi tional interest charge, and the payment of an additional pawnshop charge, each equal to the original interest charge and original pawnshop charge, provided said goods have not been sold. Pledged goods not redeemed within one month following the originally fixed maturity date shall be automatically forfeited to the pawnbroker by operation of this Code section and shall automatically become the property of the pawnbroker.", and inserting in lieu thereof a new subsection (b) to read as follows: "(b) (1) There shall be a grace period on all pawn transactions. On pawn transactions involving motor vehicles or motor vehicle certificates of title, the grace period shall be 30 calendar days; on all other pawn transactions the grace period shall be ten calendar days. In the event that the last day of the grace period falls on a day in which the pawnbroker is not open for business, the grace period shall be extended through the first day following upon which the pawnbroker is open for business. The pawnbroker shall not sell the pledged goods during the grace period. (2) By agreement of the parties, the maturity date of the pawn transaction may be extended or continued for 30 day periods, provided that the interest rates and charges as specified in Code Section 44-12-131 are not exceeded. The grace period shall begin running on the first day following the maturity date of the pawn transaction or on the first day following the expiration of any extension or continuation of the pawn transaction, whichever occurs later. All extensions or continuations of the pawn transaction shall be evidenced in writing. (3) Pledged goods may be redeemed by the pledgor or seller within the grace period by the payment of any unpaid accrued fees and charges, the repayment of the principal, and the payment of an additional interest charge not to exceed 12.5 percent of the principal. Pledged goods not redeemed within the grace period shall be automatically forfeited to the pawnbroker by operation of this Code section, and any ownership interest of the pledgor or seller shall automatically be extinguished as regards the pledged item. (4) Any attempt to circumvent the interest rates and charges as specified in Code Sec tion 44-12-131 shall be null and void. A pawn transaction shall be considered to have been extended or continued unless: (A) All charges, fees, and the principal have actually been paid or repaid on the previ ous pawn transaction; (B) The pledged goods in the previous transaction, including but not limited to a motor vehicle certificate of title, have actually been restored to the possession of the pledgor or seller; and THURSDAY, MARCH 5, 1992 1601 (C) The pledged goods in the previous transaction have been removed from the busi ness premises of the pawnbroker and, in the case of a motor vehicle certificate of title, any lien on the motor vehicle certificate of title has been removed or released." Section 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 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 Bishop Broun of 46th Brown of 26th B urton Clay Coleman CDoelalnins Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hffl Hooks Huggins JKoihdndson Marable Moye Newbill Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey pjav Robinson gcott ,, Stteamrrb. erg Tate Thompson Tysinger Walker of 22nd White Those not voting were Senators: Baldwin Bowen Dawkins Deal (presiding) Egan Langford Perdue Shumake Taylor Timmons Turner Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, 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 1684. By Representatives Parham of the 105th and Lord of the 107th: A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County. 1602 JOURNAL OF THE SENATE Senator Garner of the 30th moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed. At 1:15 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was presid ing, announced the Senate adjourned until 9:00 o'clock A.M. tomorrow. FRIDAY, MARCH 6, 1992 1603 Senate Chamber, Atlanta, Georgia Friday, March 6, 1992 Thirtieth Legislative Day The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1394. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, so as to provide for instances when persons are not aggrieved or adversely affected, and to provide for disposi tion of certain moneys and civil penalties collected by the division. HB 1812. By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th, Irwin of the 57th, Sinkfield of the 37th and others: A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems. The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1913. By Representatives Groover of the 99th, Pinkston of the 100th, Elliott of the 103rd, Randall of the 101st and Birdsong of the 104th: A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," so as to provide a consolidated charter for the authority. HB 1945. By Representative Smith of the 78th: A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions including within the definition of homestead certain property in all counties of this state having a population of not less than 10,450 nor more than 10,650 according to the United States decennial census of 1970 or any future such census. HB 1973. By Representative Streat of the 139th: A bill to amend an Act creating the charter for the City of Douglas, so as to continue the two-year term of office for city commissioner. 1604 JOURNAL OF THE SENATE HB 1982. By Representative Skipper of the 116th: A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Industrial Development Authority. HB 1983. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart County School District ad valorem taxes for educational purposes for certain residents of that county and school district. HB 1986. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act, creating the Newton County Water and Sewerage Au thority, so as to raise the limit on the issuance of negotiable revenue bonds. SB 673. By Senator Thompson of the 33rd: A bill to amend an Act creating a new charter for the City of Powder Springs, as amended, so as to clarify the provisions of the city charter relating to the election of the two at-large city council positions. HB 1947. By Representatives Hudson of the 117th, Godbee of the 110th, Barfoot of the 120th, Smith of the 16th, Ray of the 98th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of the term "catch-out pond"; to provide that persons may fish in a pond stocked with fish purchased commer cially which is not considered a catch-out pond pursuant to certain provisions of law without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in other provisions of law. HB 598. By Representative Parrish of the 109th: A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to authorize the issuance of general obligation debt for any project, other than road, street, and bridge purposes, in conjunction with the imposition of the tax when the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes. HB 1361. By Representative Parham of the 105th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Georgia Folk Festival as the official state folk festival. HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth: 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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted. HB 1256. By Representative Watson of the 114th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of retail sale regarding the state sales and use tax; to exempt certain revenues generated from certain amusement machines from state sales and use taxation. FRIDAY, MARCH 6, 1992 1605 HB 1927. By Representative Byrd of the 153rd: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to failure to attach and display mobile home decals and the penalties related thereto, so as to provide that violations of said requirements may be en forced in magistrate courts. HB 1346. By Representative Dunn of the 73rd: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the business of insurance, so as to provide definitions; to provide for acts which shall constitute unfair practices with regard to the settlement of claims. The House has passed, as amended, by the requisite constitutional majority the follow ing bill of the Senate: SB 560. By Senator Pollard of the 24th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date. The House has agreed to the Senate substitute to the following bill of the House: HB 1865. By Representatives Milam of the 81st and Davis of the 77th: A bill to provide for homestead exemptions from Troup County ad valorem taxes for county purposes and from Troup County School District ad valorem taxes for educational purposes for certain residents of that county and school district. The House has agreed to the Senate amendment to the following bill of the House: HB 654. By Representatives Davis of the 29th, Jamieson of the llth, Murphy of the 18th, Orrock of the 30th, Sinkfield of the 37th and others: A bill to amend Article 5 of Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to the commission on the status of women, so as to provide for creation of the commission on women. The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 835. By Senators Foster of the 50th, Hammill of the 3rd and Broun of the 46th: A bill to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to require the Board of Regents of the University System of Georgia and the State Board of Technical and Adult Education to prepare and submit to certain persons annual reports; to provide for the contents of such reports; to provide for the development of the formats of such reports; to provide for the submission of information to such boards. Referred to Committee on Education. SB 836. By Senator Newbill of the 56th: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to provide for the administration of certain special dis tricts for local government services; to provide for the division, under certain specified conditions, of a special district into subdistricts; to provide for a board 1606 JOURNAL OF THE SENATE to administer such special district; to provide for the election of members of the board; to provide for the powers and duties of the board. Referred to Committee on Urban and County Affairs (General). SB 837. By Senator Garner of the 30th: A bill to amend Code Section 17-10-30 of the Official Code of Georgia Annotated, relating to the procedure for the imposition of the death penalty, so as to include among the aggravating circumstances the murder of a person over the age of 65. Referred to Committee on Judiciary. SB 838. By Senator Thompson of the 33rd: A bill to amend Code Section 36-82-4.1 of the Official Code of Georgia Anno tated, relating to binding statements of intention concerning the use of bond funds and related matters, so as to revise the population figures describing the counties to which the Code section applies. Referred to Committee on Urban and County Affairs (General). SB 839. By Senator Thompson of the 33rd: A bill to amend Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, so as to revise the population figure describing counties in which are located parent banks authorized to establish branch banks within certain adjacent counties. Referred to Committee on Urban and County Affairs (General). SB 840. By Senator Taylor of the 12th: A bill to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to establish the Workers' Compensation Study Commission; to provide for the appointment, terms and compensation of the members of the commission; to provide for the functions of the commission; to provide for reports and recommendations; to provide for the repeal of said Chapter 9 of Title 34. Referred to Committee on Insurance and Labor. SR 528. By Senators Collins of the 17th and Newbill of the 56th: A resolution creating the Senate Study Committee for Welfare Reform. Referred to Committee on Rules. SR 529. By Senator Hill of the 4th: A resolution creating the Senate Study Committee on Job Creation and Reten tion for Georgians. Referred to Committee on Rules. The following bills of the House were read the first time and referred to committees: HB 598. By Representative Parrish of the 109th: A bill to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to special purpose county sales and use taxation, so as to authorize the issuance of general obligation debt for any project, other than road, street, and bridge purposes, in conjunction with the imposition of the tax when the tax is to be imposed in part for road, street, and bridge purposes and in part for other purposes. Referred to Committee on Finance and Public Utilities. FRIDAY, MARCH 6, 1992 1607 HB 1256. By Representative Watson of the 114th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of retail sale regarding the state sales and use tax; to exempt certain revenues generated from certain amusement machines from state sales and use taxation. Referred to Committee on Finance and Public Utilities. HB 1346. By Representative Dunn of the 73rd: A bill to amend Chapter 6 of Title 33 of the Official Code of Georgia Annotated, relating to unfair trade practices in the business of insurance, so as to provide definitions; to provide for acts which shall constitute unfair practices with regard to the settlement of claims. Referred to Committee on Insurance and Labor. HB 1361. By Representative Parham of the 105th: A bill to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to other state symbols, so as to designate the Georgia Folk Festival as the official state folk festival. Referred to Committee on Economic Development and Tourism. HB 1394. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, so as to provide for instances when persons are not aggrieved or adversely affected, and to provide for disposi tion of certain moneys and civil penalties collected by the division. Referred to Committee on Natural Resources. HB 1812. By Representatives Groover of the 99th, Kilgore of the 42nd, Walker of the 115th and others: A bill to amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to teachers and other school personnel, so as to provide for grievance procedures for personnel of local school systems. Referred to Committee on Education. HB 1927. By Representative Byrd of the 153rd: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to failure to attach and display mobile home decals and the penalties related thereto, so as to provide that violations of said requirements may be en forced in magistrate courts. Referred to Committee on Special Judiciary. HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth: 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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted. Referred to Committee on Education. 1608 JOURNAL OF THE SENATE HB 1947. By Representatives Hudson of the 117th, Godbee of the 110th, Barfoot of the 120th and others: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to change the definition of the term "catch-out pond"; to provide that persons may fish in a pond stocked with fish purchased commer cially which is not considered a catch-out pond pursuant to certain provisions of law without obtaining a fishing license or trout stamp and without complying with the creel limits, possession limits, size limits, and seasons set forth in other provisions of law. Referred to Committee on Agriculture. HB 1913. By Representatives Groover of the 99th, Pinkston of the 100th, Elliott of the 103rd and others: A bill to amend an Act known as the "Macon-Bibb County Water and Sewerage Authority Act," so as to provide a consolidated charter for the authority. Referred to Committee on Urban and County Affairs. HB 1945. By Representative Smith of the 78th: A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions including within the definition of homestead certain property in all counties of this state having a population of not less than 10,450 nor more than 10,650 according to the United States decennial census of 1970 or any future such census. Referred to Committee on Urban and County Affairs (General). HB 1973. By Representative Streat of the 139th: A bill to amend an Act creating the charter for the City of Douglas, so as to continue the two-year term of office for city commissioner. Referred to Committee on Urban and County Affairs. HB 1982. By Representative Skipper of the 116th: A bill to create a public body corporate and politic, and an instrumentality of the County of Sumter, to be known as the Sumter County Industrial Development Authority. Referred to Committee on Urban and County Affairs. HB 1983. By Representatives Powell of the 13th and Clark of the 13th: A bill to provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart County School District ad valorem taxes for educational purposes for certain residents of that county and school district. Referred to Committee on Urban and County Affairs. HB 1986. By Representatives Dobbs of the 74th and Stancil of the 66th: A bill to amend an Act creating the Newton County Water and Sewerage Author ity, so as to raise the limit on the issuance of negotiable revenue bonds. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bills of the FRIDAY, MARCH 6, 1992 1609 Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 772. Do pass as amended. HB 1265. Do pass. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Appropriations has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SB 510. Do pass. SB 638. Do pass. Respectfully submitted, Senator Johnson of the 47th District, Chairman Mr. President: The Committee on Corrections has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 248. Do pass by substitute. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Defense and Veterans Affairs has had under consideration the fol lowing resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SR 505. Do pass. Respectfully submitted, Senator Perry of the 7th District, Chairman Mr. President: The Committee on Health and Human Services has had under consideration the follow ing bills and resolutions of the Senate and the House and has instructed me to report the same back to the Senate with the following recommendations: SB 811. Do pass. HB 1356. Do pass. SR 523. Do pass. HB 1598. Do pass. SR 524. Do pass. Respectfully submitted, Senator Walker of the 22nd District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bills 1610 JOURNAL OF THE SENATE of the Senate and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 782. Do pass. SB 786. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and has instructed me to report the same back to the Senate with the following recommendations: SB 776. Do pass by substitute. SB 828. Do pass by substitute. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Judiciary has had under consideration the following bills of the Sen ate and House and has instructed me to report the same back to the Senate with the follow ing recommendations: SB 569. Do pass by substitute. HB 1294. Do pass. SB 779. Do pass. HB 1296. Do pass. SB 817. Do pass. HB 1722. Do pass. SB 834. Do pass. Respectfully submitted, Senator Baldwin of the 29th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 745. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 373. Do pass as amended. HR 838. Do pass. SR 383. Do pass. HR 894. Do pass. SR 409. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman FRIDAY, MARCH 6, 1992 1611 Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 787. Do pass. SB 791. Do pass. HB 1270. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman The following communication from Senator Coleman of the 1st, Chairman of the Senate Committee on Transportation, was read by the Secretary: The State Senate Atlanta, Georgia 30334 March 5, 1992 Honorable Hamilton McWhorter, Jr. Secretary of the Senate 321 State Capitol Atlanta, Georgia 30334 Dear Hamilton: I hereby authorize Senator Steve Thompson, Senate Transportation Committee Vice Chairman, to preside over the Transportation Committee meeting scheduled for Thursday, March 5, 1992, at 2:00 P.M., in Room 450 of the Capitol. The bills to be handled at this meeting are: HR 875 HR 926 HR 914 HR 933 Sincerely, /s/ J. Tom Coleman, Jr. State Senator District 1 The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Transportation 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 875. Do pass. HR 926. Do pass. HR 914. Do pass. HR 933. Do pass. Respectfully submitted, Senator Thompson of the 33rd District, Vice Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following 1612 JOURNAL OF THE SENATE bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 113. Do pass by substitute. HB 1408. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 818. Do pass. SB 819. Do pass. HB 1921. Do pass. HB 1924. Do pass by substitute. SB 820. Do pass. HB 1934. Do pass. SB 813. Do pass. HB 1935. Do pass. HB 1084. Do pass. HB 1936. Do pass. HB 1919. Do pass. HB 1944. Do pass. HB 1920. Do pass. HB 1928. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 746. Do pass. SB 800. Do pass. SB 789. Do pass. SB 801. Do pass. SB 792. Do pass. SB 802. Do pass. SB 793. Do pass. SB 803. Do pass. SB 794. Do pass. SB 804. Do pass. SB 795. Do pass. SB 805. Do pass. SB 796. Do pass. SB 806. Do pass. SB 797. Do pass. SB 807. Do pass. SB 798. Do pass. SB 809. Do pass. SB 799. Do pass. HB 1759. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Youth, Aging and Human Ecology has had under consideration the following bills and resolution of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SR 493. Do pass. HB 1542. Do pass. FRIDAY, MARCH 6, 1992 1613 SB 831. Do pass. SB 833. Do pass. Respectfully submitted, Senator Scott of the 36th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 523. By Senators Gillis of the 20th, Deal of the 49th, Garner of the 30th and others: A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances. SB 755. By Senators Hooks of the 14th, Bowen of the 13th, Gillis of the 20th and others: A bill to amend Code Section 27-3-63 of the Official Code of Georgia Annotated, relating to general offenses and penalties relative to wildlife, so as to provide that traps must bear the owner's and user's trapper's number or name; to provide for a penalty. SB 774. By Senators Langford of the 35th, Dawkins of the 45th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manu facture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1, 1992, a retail dealer license shall be issued only to an individ ual who meets certain requirements relating to residency and ownership of busi ness; to provide certain exceptions. SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown Parkway. SR 514. By Senator Dawkins of the 45th: A resolution urging the Supreme Court of Georgia to reconsider its rules gov erning admission to the practice of law. HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd: A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend edu cational instruction. HB 353. By Representative Poston of the 2nd: A bill to amend Chapter 3 of Title 47 of the Official Code of Georgia Annotated, relating to the Teachers Retirement System of Georgia, so as to provide that attendance officers shall be members of the retirement system. HB 875. By Representatives Hammond of the 20th, Flynt of the 75th and Pettit of the 19th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit. 1614 JOURNAL OF THE SENATE HB 1211. By Representative Campbell of the 23rd: A bill to amend Article 1 of Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions relative to municipal courts, so as to authorize municipal courts to try and dispose of violations of Code Section 16-721, relating to criminal trespass. HB 1219. By Representative Watson of the 114th: A bill to amend Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to provide for limitations for actions to recover damages against an accountant or an accounting partnership, profes sional association, or professional corporation relative to an alleged breach of contract or negligent performance of accounting services. HB 1297. By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th and others: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance. HB 1453. By Representatives Floyd of the 135th, Balkcom of the 140th, Royal of the 144th and others: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section. HB 1487. By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle. HB 1503. By Representative Watson of the 114th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property gen erally, so as to provide for the application of the state minimum fire safety standards. HB 1530. By Representatives Mobley of the 64th and Twiggs of the 4th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Discipli nary Board. HB 1594. By Representative Cummings of the 17th: A bill to amend Code Section 47-3-82 of the Official Code of Georgia Annotated, relating to reestablishment of creditable service in the Teachers Retirement Sys tem of Georgia by persons who have withdrawn their contributions, so as to pro vide that such creditable service may be reestablished a portion at a time. FRIDAY, MARCH 6, 1992 1615 HB 1618. By Representative Smith of the 156th: A bill to amend an Act providing for the holding of four terms each year of the Superior Court of Mclntosh County, so as to provide for two terms of court. HB 1666. By Representatives Culbreth of the 97th, Randall of the 101st, Dunn of the 73rd and others: A bill to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide that interest shall be paid on the pro ceeds of certain policies from the time a claim is filed. HB 1693. By Representative Buck of the 95th: A bill to amend Code Section 20-3-250.3 of the Official Code of Georgia Anno tated, relating to educational institutions which are exempt from the provisions of Part 1A of Article 7 of Chapter 3 of Title 20, so as to revise a reference to an accrediting agency; to exempt certain nonpublic institutes of paper science and technology from provisions relating to nonpublic postsecondary educational institutions. HB 1815. By Representative Pettit of the 19th: A bill to amend Chapter 11 of Title 19 of the Official Code of Georgia Annotated, relating to enforcement of duty of support, so as to provide that the district at torney shall represent the department in support cases; to provide that in URESA cases the district attorney shall represent the petitioner. The President called for the morning roll call, and the following Senators answered to their names: Albert Baldwin Broun of 46th Brown of 26th J*urton ~ lay CUoollleimnsan Dawkins Dean Echols Edge Foster Garner Gillis Harris Henson Hooks Huggins Kidd parabi_lie Move Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate ^mayilor Thompson Timmons Turner Tysinger Walker of 43rd White Those not answering were Senators: Alien BishP JB-, ow, en Egan English Hammill Hasty H...i.l.l Johnson Langford Newbill Perry S,,,humak. e Steinberg Walker of 22nd The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. 1616 JOURNAL OF THE SENATE Senator Garner of the 30th introduced the chaplain of the day, Reverend Jason Driscoll, pastor of Mount Zion United Methodist Church, Mount Zion, Georgia, who offered scripture reading and prayer. The following resolution of the Senate was read and adopted: SR 527. By Senators Hill of the 4th, Garner of the 30th, Ray of the 19th and Bowen of the 13th: A resolution commending Officer Larry H. Sikes, Officer Larry Johnson, and Of ficer Donald Barrow. 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 Friday, March 6, 1992 THIRTIETH LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 813 Hasty, 51st CITY OF CALHOUN A bill to amend an Act to provide a new charter for the City of Calhoun in Gordon County, so as to authorize the governing authority of the city to ap propriate funds. SB 818 Walker, 22nd Albert, 23rd RICHMOND COUNTY A bill to amend an Act regulating public instruction for the County of Rich mond, so as to change the provisions relating to the organizational meetings of the board of education and the organization and procedures of the board of education. SB 819 Walker, 22nd Albert, 23rd RICHMOND COUNTY A bill to amend an Act regulating public instruction in the County of Rich mond, so as to change the provisions relating to letting contracts and opening bids; to change the provisions relating to purchasing; to provide for other matters relating to the business affairs of the board. SB 820 Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY A bill to amend an Act completely revising the laws relative to the governing authority of Chatham County, so as to change the composition of the com missioner districts; to provide for certain definitions and inclusions; to pro vide for election of members; to require submission of this Act to the United States Attorney General for certain approval. HB 1084 Huggins, 53rd Ramsey, 54th FRIDAY, MARCH 6, 1992 1617 CATOOSA COUNTY DADE COUNTY CHATTOOGA COUNTY WALKER COUNTY A bill to amend an Act creating the Lookout Mountain Judicial Circuit, so as to authorize the district attorney to hire assistant district attorneys, secretar ies and paraprofessionals. HB 1919 Moye, 34th CITY OF PALMETTO A bill to amend an Act providing a new charter for the City of Palmetto in Fulton County, so as to change the provisions for calling special elections. HB 1920 Garner, 30th Moye, 34th DOUGLAS COUNTY A bill to amend an Act creating the board of commissioners of Douglas County, so as to change the composition of the commissioner districts. HB 1921 Garner, 30th Moye, 34th DOUGLAS COUNTY A bill to amend an Act providing for election districts for election to the board of education of Douglas County, so as to change the composition of the education districts. *HB 1924 Perry, 7th BERRIEN COUNTY A bill to amend an Act creating the Board of Education for Berrien County, so as to change the composition of the districts from which members are elected. (SUBSTITUTE) HB 1928 Marable, 52nd FLOYD COUNTY A bill to amend an Act creating the Rome-Floyd County Commission of Chil dren and Youth, so as to provide for changes in the membership of such commission. HB 1934 Langford, 35th CITY OF EAST POINT A bill to amend an Act creating the East Point Parking Authority, so as to change the composition and appointment of membership on the authority. HB 1935 Langford, 35th CITY OF EAST POINT A bill to amend an Act to create and establish the East Point Building Au thority, so as to change the composition and appointment of membership on the authority. HB 1936 Langford, 35th CITY OF EAST POINT A bill to amend an Act to create the East Point Business and Industrial De velopment Authority, so as to change the composition and appointment of membership on the authority. 1618 JOURNAL OF THE SENATE HB 1944 Gillis, 20th JOHNSON COUNTY A bill to fix the compensation of the members of the Board of Education of Johnson County. The substitute to the following bill was put upon its adoption: *HB 1924: The Senate Committee on Urban and County Affairs offered the following substitute to HB 1924: A BILL To be entitled an Act to amend an Act to create a Board of Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), so as to change the composition of the districts from which members are elected; to provide definitions and inclusions; to pro vide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to create a Board of Education for Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), is amended by striking Sections 1, 2, and 3 of said Act in their entirety and inserting in lieu thereof the following: "Section 1. (a) There is created a Board of Education of Berrien County which shall consist of seven members. One member of the board shall be elected from each district by the qualified voters of that education district. For the purpose of electing members of the said board, Berrien County shall be divided into seven education districts as follows: Education District: 1 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9704. Block(s): 108, 109, 110, 123, 124, 125, 126, 127B, 127C, 155, 156, 157, 158, 159, 160, 161, 162, 166, 301D, 341B Tract: 9705. Block(s): 101B, 102B, 133B, 160, 161, 162, 207, 208, 209, 210, 211, 212, 213, 242, 243, 244, 248, 250, 251, 252, 253, 254, 255, 256A, 256B, 257B, 258, 272A, 272B, 286 VTD: 0007 RAY CITY (Part) Tract: 9705. Block(s): 245, 246, 247 VTD: 0008 LOWER TENTH VTD: 0009 UPPER TENTH Education District: 2 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9705. Block(s): 249, 275, 276, 279, 280, 281, 282, 283, 284, 285, 287 Tract: 9706. Block(s): 102, 103, 104, 105, 106, 107, 108, 109, 127, 128, 129, 130, 131, 132 VTD: 0006 NEW LOIS VTD: 0007 RAY CITY (Part) Tract: 9706. Block(s): 101, 119, 120, 121A, 121B, 122, 123, 124, 125, 126A, 126B, 133, 134, 135, 136, 137A, 137B, 138A, 138B, 139A, 139B, 140A, 140B, 141, 142, 143, 144, 145, FRIDAY, MARCH 6, 1992 1619 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160A, 160B, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170A, 170B, 171, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210A, 210B, 211A, 211B, 212, 213, 236, 237, 238, 239, 240, 241A, 241B, 242, 243, 244A, 244B, 245A, 245B, 246A, 246B, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 261 Education District: 3 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 115, 117, 118, 132, 133, 134A, 134B, 134C, 135B, 135C, 136, 137, 138, 139B, HOB, 144B, 145, 165, 166, 167, 168, 169, 170, 176 Tract: 9704. Block(s): 127A, 128, 129, 130, 201A, 201B, 202, 203A, 203B, 206, 207, 208, 209, 210, 214, 215, 216, 217, 301A, 301B, 301C, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341A, 342, 343, 344, 345, 346, 347, 348 VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 224, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272 Tract: 9703. Block(s): 108, 109, 110, HI, 112, 113, 114, 116, 177, 178, 179, 180, 209 Education District: 4 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 119, 121, 122, 123, 125, 126, 127, 128, 129, 130, 131 Tract: 9704. Block(s): 102, 106, 107 VTD: 0002 ALP AHA Education District: 5 BERRIEN COUNTY VTD: 0003 ENIGMA VTD: 0004 JORDAN VTD: 0005 NEW RIVER (Part) Tract: 9702. Block(s): 208, 209, 210, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256 Education District: 6 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 135A, 139A, 140A, 141, 142, 143, 144A, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 171, 172, 173, 174, 175, 201, 202A, 202B, 203, 204, 205, 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223, 224, 225, 226, 228, 229, 230, 231, 232, 233, 234, 245, 246, 247, 248, 249, 250, 259, 260, 261, 262, 269A, 269B, 270, 271A, 271B, 271C, 271D, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285A, 285B, 285C, 285D, 286, 287, 288, 289, 290, 291 Tract: 9704. Block(s): 204, 205, 211, 212, 213, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 1620 JOURNAL OF THE SENATE 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252 Tract: 9705. Block(s): 277, 278A, 278B, 278C, 278D Education District: 7 BERRIEN COUNTY VTD: 0001 NASHVILLE (Part) Tract: 9703. Block(s): 163, 164, 227, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 251, 252, 253, 254, 255, 256, 257, 258, 263, 264, 265, 266, 267, 268 Tract: 9705. Block(s): 101A, 102A, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 257A, 259, 260, 261A, 261B, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 273A, 273B, 274, 288, 289, 290, 291, 292, 293, 294 (b) For purposes of this section: (1) The terms 'Tract,' 'Block,' and 'VTD' shall mean and describe the same geographi cal boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term 'Precinct' is synonymous with the term 'voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Precinct names and designations following VTD designations are included for con venience only; and in the event the description of any education district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (4) Any part of Berrien County which is not included in any education district de scribed in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (5) Any part of Berrien County which is described in this section as being included in a particular education district shall nevertheless not be included within such education dis trict if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education 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) Candidates for Posts 1 through 7 shall reside in Education Districts 1 through 7, respectively, from which such candidates offer for election." Section 2. The members of the Board of Education of Berrien County in office on the effective date of this Act shall continue to serve until the expiration of the terms for which they were elected and until successors are elected as provided in Section 3 of this Act. Section 3. (a) At the general election in November, 1992, new members shall be elected from Education Districts 1, 5, 6, and 7, and such new members shall take office on the first day of January in 1993 for terms of four years and until successors are elected and qualified. At the general election in November, 1994, new members shall be elected from Education Districts 2, 3, and 4, and such new members shall take office on the first of January, 1995, for terms of four years and until successors are elected and qualified. (b) Thereafter, successors to all members shall be elected to terms of office of four years FRIDAY, MARCH 6, 1992 1621 each and until their successors are elected and qualified. Any vacancies in office shall be the subject of a special election called for that purpose by the election superintendent of Berrien County, who shall issue his call within two weeks of the date the vacancy is created. The election for filling any vacancy shall be held in accordance with the laws, rules, and regulations which govern special elections. The members elected at any general election shall take office on the first day of January following their election. Section 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Berrien County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 1992, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. Section 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, 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 Baldwin Broun of 46th Brown of 26th , DCoafwlh.mknisanns j-, eal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hooks Huggins JJi^^oih-djndjson Marable Move Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SSCttieamr rbuerg Tate Taylor Thompson Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Bishop Bowen Garner Hammill Hill Langford Shumake Timmons Walker of 22nd On the passage of all the local bills, the yeas were 46, nays 0. All the bills on the Senate Local Consent Calendar, except HB 1924, having received the requisite constitutional majority, were passed. HB 1924, having received the requisite constitutional majority, was passed by substitute. 1622 JOURNAL OF THE SENATE SENATE RULES CALENDAR Friday, March 6, 1992 THIRTIETH LEGISLATIVE DAY SB 790 Patient Cost of Care Act--certain liability, definitions (Gov Op--25th) SB 747 Insurance Agents, Brokers--revise licensing provisions (Substitutes) (I&L--24th) SB 773 Projects Under World Congress Center Authority--alcohol sale for consumption on premises (Substitute) (ED&T--30th) SB 757 American Sign Language--considered foreign language for credit (Gov Op--5th) SB 719 Notaries Public--bonds for performance of duties (Substitute) (Gov Op--34th) SB 687 Workers' Compensation Board--list of charges for medical services (Amend ment) (I&L--12th) SB 728 Sunday Alcoholic Beverage Sale--festivals in city where alcohol lawful (C Aff--55th) SR 412 Senate Music Industry Committee and Citizens' Advisory Council--create (Rules--31st) SR 510 Study Committee on Professional, Occupational, Business Licensing and Taxa tion--create (Rules--27th) SB 769 State Board of Education--grants, authority (Amendment) (Ed--50th) SB 777 Teacher Certification--change provisions (Amendments) (Ed--50th) HB 1388 Historic Preservation--enact Uniform Conservation Easement Act (Amendment) (Nat R--16th) HB 1136 Trial Upon Accusation--certain felony cases (Judy--29th) HB 1570 Vehicles Transporting Etiologic Agents--exception to vehicle marking require ment (Trans--21st) HB 1284 Industrialized Building Dealer--authorize civil actions against (I&L--12th) HB 1308 Liquefied Petroleum, Gas Storage--building, plumbing code applicability (Sub stitute) (I&L--51st) HB 1395 Tax Payment to Revenue Commissioner--electronic fund transfer (F&PU--45th) HB 1263 Ad Valorem Taxation--return of boats in county in which located (Substitute) (F&PU--49th) HB 1644 Write-in Candidate--requirements for filing intention (Gov Op--28th) HB 240 Prosecution Commencement--time period, certain offenses (Judy--29th) HB 1234 Title 47 (Retirement)--correct errors, omissions (Ret--24th) HB 394 Employees' Retirement--death of spouse beneficiary and employee remarriage (Ret--4th) HB 900 Trial Judges, Solicitors Retirement--ineligibility for senior judge, District Attor ney emeritus (Ret--44th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee FRIDAY, MARCH 6, 1992 1623 The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 790. By Senator Kidd of the 25th: A bill to amend Chapter 9 of Title 37 of the Official Code of Georgia Annotated, known as "The Patient Cost of Care Act," so as to change the definition of cer tain terms; to provide a rebuttable presumption that the full cost of care shall be imposed initially; to change the definition of the term "patient"; to provide for the possibility of a charge to one who is cared for or treated in a facility which is under the jurisdiction of the Department of Human Resources but which may not be a hospital. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Those not voting were Senators: Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Alien Bishop Bowen Edge Henson Langford Newbill Scott Shumake On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. 1624 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following resolution of the House: HR 1018. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others: A resolution relative to adjournment. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 747. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties. The Senate Committee on Insurance and Labor offered the following substitute to SB 747: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to pro hibit certain activities of individuals not holding licenses; to provide for certificates of au thority; to provide penalties; to provide conditions for licensure; to provide for applications and fees; to provide for examinations and study materials; to provide for bonding require ments; to provide for nonresident licenses; to provide for continuing education require ments; to provide for the placement of licenses on inactive status; to provide for the suspen sion or revocation of licenses; to provide requirements relative to the maintenance of a place of business in this state; to provide for notices of terminations of certificates of authority; to provide for the scope of certain licenses; to provide requirements for the countersigning of policies; to provide for service of process of nonresident licensees; to provide for records; to provide for the accounting of funds; to provide for investigations; to provide for the promul gation of rules and regulations; to provide for other matters relative to the foregoing; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 23 of the Official Code of Georgia Annotated, relating to the licens ing of insurance agents, brokers, counselors, and adjusters, is amended by striking Article 1, FRIDAY, MARCH 6, 1992 1625 relating to life insurance, accident and sickness insurance, and annuity contracts, and Arti cle 2, relating to property, casualty, and surety insurance, in their entirety and inserting in lieu thereof a new Article 1 to read as follows: "ARTICLE 1 33-23-1. (a) As used in this article, the term: (1) 'Adjuster' means any person who for a fee, commission, salary, or other compensa tion investigates, settles, or adjusts and reports to his employer or principal with respect to claims arising under insurance contracts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term 'adjuster' does not include: (A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or (B) An agent or a salaried employee of an agent who adjusts or assists in adjusting losses under policies issued by such agent or insurer. (2) 'Agency' means a person who represents one or more insurers and is engaged in the business of soliciting or procuring insurance or applications for insurance or countersigning, issuing, or delivering contracts of insurance for one or more insurers. (3) 'Agent' means an individual appointed or employed by an insurer who solicits insur ance or procures applications for insurance; who in any way, directly or indirectly, makes or causes to be made any contract of insurance for or on account of an insurer; or who as representative of an insurer receives money for transmission to the insurer for a contract of insurance, anything in the application or contract to the contrary notwithstanding, and who has on file with the Commissioner a certificate of authority from each insurer with whom the agent places insurance. (4) 'Counselor' means any person who engages or advertises or holds himself or herself out as engaging in the business of counseling, advising, or rendering opinions as to the bene fits promised under any contract of insurance issued or offered by any insurer or as to the terms, value, effect, advantages, or disadvantages under the contract of insurance, other than an actuary or consultant advising insurers. When receiving a fee, commission, or other compensation for this service, such person shall not receive any compensation from any other source on or relating to the same transaction. (5) 'Independent adjuster' means an adjuster representing the interest of the insurer who is not an employee of such insurer. (6) 'Insurance,' except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties. (7) 'Public adjuster' means any person who solicits, advertises for, or otherwise agrees 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 li censed 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 re lated loss of income and living expense losses but excluding claims arising out of any motor vehicle accident. (8) 'Subagent' means any licensed agent, except as provided in Code Section 33-23-12 of this article, who acts for or on behalf of another licensed agent in the solicitation of, negotia tions for, or procurement or making of an insurance contract or annuity contract whether or not the person is designated by the agent as subagent, solicitor, or any other title and who has on file with the Commissioner a certificate of authority from each agent with whom the subagent places insurance. The term 'subagent' shall not include: (A) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; or 1626 JOURNAL OF THE SENATE (B) An agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance. (9) 'Surplus lines broker' means a person as defined in Code Section 33-1-2. (b) The definitions of agent, subagent, counselor, and adjuster in subsection (a) of this Code section shall not be deemed to include: (1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transac tion so long as such person is not involved in soliciting insurance, signing or countersigning contracts, or receiving premiums; (2) An attorney at law admitted to practice in this state, when handling the collections of premiums or advising clients as to insurance as a function incidental to the practice of law or who, from time to time, adjusts losses which are incidental to the practice of his or her profession; (3) Any representative of ocean marine insurers; (4) Any representative of farmers' mutual fire insurance companies as defined in Chap ter 16 of this title; (5) A salaried employee of a credit or character reporting firm or agency not engaged in the insurance business who may, however, report to an insurer; (6) A person acting for or as a collection agency; or (7) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of the master poli cyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, than an administration fee not exceeding 5 percent of the premiums collected paid by the insurer to the administra tion office shall not be construed to be an insurance commission. 33-23-2. A license to act as an agent, subagent, counselor, or adjuster shall be issued only to an individual. 33-23-3. (a) An agency as defined in paragraph (2) of subsection (a) of Code Section 3323-1 must register annually on forms prescribed by the Commissioner. Such registration shall include the following: (1) Name of the agency; (2) Mailing address of the agency; (3) Location of the agency; (4) Names of all owners or, if a corporation, all officers and directors of the agency and, if any are licensees under this chapter, their license numbers; (5) Names of all other employees of the agency and, if licensed under this chapter, their license numbers; and (6) List of insurance companies represented by the agency. (b) An agency shall be subject to all penalties, fines, criminal sanctions, and other ac tions authorized for agents under this chapter. (c) No person shall be an owner of an agency or, if the owner of the agency is a corpora tion, no person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this chapter refused, revoked, or suspended. 33-23-4. (a) No person shall act as or hold himself or herself out to be an agent, subagent, counselor, or adjuster in this state unless such person first procures a license from the Commissioner. FRIDAY, MARCH 6, 1992 1627 (b) No agent or subagent shall solicit or take applications for, procure, or place for others any kind of insurance for which such agent or subagent is not then licensed and for which a certificate of authority is not currently on file with the Commissioner; provided, however, no certificate of authority shall be required for: (1) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; (2) An agent who places surplus lines insurance with or through a surplus lines broker, only with respect to such surplus lines insurance; or (3) An agent who, with agreement of an insurer, places a specific policy or risk with such insurer provided the insurer within 15 days of the acceptance of the risk files with the Commissioner an application for a specific certificate of authority in such form and manner as may be prescribed by the Commissioner. (c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, subagent, or adjuster within this state, unless such person is duly licensed in accordance with this article. (d) An insurer may pay a commission or other valuable consideration to a licensed in surance agency in which all employees, stockholders, directors, or officers who solicit, negoti ate, or effectuate insurance contracts are qualified insurance agents, subagents, or counselors holding currently valid licenses as required by the laws of this state; and an agent, subagent, or counselor may share any commission or other valuable consideration with such a licensed insurance agency. (e) No person, partnership, or corporation other than a duly licensed adjuster, agent, subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (c) and (d) of this Code section. (f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the ground that the licensee has ceased to be an agent, subagent, or counselor nor prevent the receipt or payment of any commission by a person who has been issued a temporary license pursuant to this chapter. (g) Any person who willfully violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors. 33-23-5. (a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-28. The Commissioner shall not issue a license to any applicant who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (7) of this subsection: (1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, lo cated partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business; (2) If applying for an agent's license, the applicant must have been appointed an agent by an authorized insurer subject to issuance of the license; (3) If applying for a subagent's license, the applicant must have been appointed a subagent by a licensed agent subject to issuance of the license; (4) The applicant must be of good character; 1628 JOURNAL OF THE SENATE (5) The applicant must pass any written examination required for the license by this article; (6) If applying for a license as counselor, the applicant must show that he or she has had five years' experience acting as either an agent, subagent, or adjuster or in some other phase of the insurance business which in the opinion of the Commissioner has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner; and (7) If applying for an agent's license, subagent's license, counselor's license, or adjuster's license, except as provided in subsection (c) of this Code section and in Code Sections 3323-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-28, no applicant shall be qualified therefor or be so licensed unless he or she has: (A) Successfully completed classroom courses in insurance satisfactory to the Commis sioner at a school which has been approved by the Commissioner; or (B) Completed a correspondence course in insurance approved by to the Commissioner and has had at least six months of responsible insurance duties as a substantially full-time bona fide employee of an agent or insurer or the managers, general agents, or representa tives of the insurer in the kind or kinds of insurance for which such applicant seeks to be licensed. (b) Where the applicant's qualifications as required in subparagraph (a)(7)(B) of this Code section are based in part upon the periods of employment at responsible insurance duties, the applicant shall submit with this application for license on a form prescribed by the Commissioner an affidavit setting forth the period of such employment, stating that the employment was substantially full time, and giving a brief abstract of the nature of the duties performed by the applicant. (c) An individual who was qualified to sit for an agent's or adjuster's examination at the time such individual was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a full-time bona fide employee shall be permit ted to take an examination if application for such examination is made within 90 days after the date of termination of employment with the Commissioner. (d) This Code section shall not apply as to any temporary license provided for in Code Section 33-23-13. 33-23-6. (a) In addition to the other applicable provisions of this chapter, the Commis sioner shall license as an adjuster only an individual who has furnished evidence satisfactory to the Commissioner that such person has had special education or training, with reference to the handling of loss claims under insurance contracts, of sufficient duration and extent to qualify the person as reasonably competent to fulfill the responsibilities of an adjuster. (b) In addition to other applicable provisions of this chapter, an applicant for a public adjuster's license must have previously filed a bond as required by rule or regulation of the Commissioner. 33-23-7. In addition to other applicable provisions of this chapter, an applicant for a counselor's license must have previously filed a bond as required by rule or regulation by the Commissioner. 33-23-8. (a) An applicant for any license required by this chapter shall file with the Commissioner a written application upon forms prescribed by the Commissioner. The appli cation shall be signed and verified by the oath of the applicant. As a part of or in connection with such application, the applicant shall state the kinds of insurance proposed to be trans acted and furnish information concerning the applicant's identity, personal history, experi ence, business history, purposes, and any other pertinent facts which the Commissioner may by rule or regulation require. (b) If the application is for an agent's license, the application shall state the kinds of FRIDAY, MARCH 6, 1992 1629 insurance proposed to be transacted and shall be accompanied by written appointment of the applicant as agent by an authorized insurer subject to issuance of the license. (c) If the application is for a subagent's license, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by a written appointment of the applicant as subagent by an agent subject to issuance of the license. (d) The application shall also show whether the applicant was ever previously licensed to transact any kind of insurance in this state or elsewhere; whether any license was ever refused, surrendered, suspended, restricted, or revoked; whether any insurer, general agent, agent, or other person claims the applicant is indebted to it and, if so, the details of the indebtedness; whether the applicant ever had an agency contract canceled and the facts of the cancellation; whether the applicant has had a certificate of authority terminated by an insurer or agent and the facts of the termination; whether the applicant will devote all or part of his or her efforts to acting as an insurance agent or subagent and, if part time only, how much time the applicant expects to devote to such work and in what other business or businesses he or she will be engaged; whether, if the applicant is a married person, the husband or wife has ever applied for or held a license to solicit insurance in any state and whether the license has been refused, surrendered, suspended, restricted, or revoked; and such other information as the Commissioner in his or her discretion may require. (e) As to any application for an agent's or subagent's license, the Commissioner shall require as part of application a certificate of the insurer or agent proposed to be represented relative to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted; and the certificate shall state the extent and nature of the inves tigation of the applicant's character and background conducted by the insurer or agent, the fact that the insurer or agent is satisfied that the applicant is trustworthy and qualified to act as its agent or subagent and to hold himself or herself out in good faith to the general public as an agent or subagent, and the fact that the insurer or agent desires that the appli cant be licensed as an agent or subagent to represent it in this state. (f) All such applications shall be accompanied by the appropriate fees in the respective amounts as prescribed by rule or regulation by the Commissioner. 33-23-9. The rules and regulations of the Commissioner shall designate textbooks, manuals, and other materials to be studied by the applicant in preparation for examinations in each classification designated by the Commissioner. The textbooks, manuals, or other materials may consist of matter available to applicants by purchase from the publisher or may consist of matter prepared at the direction of the Commissioner and distributed to applicants upon request therefor and payment of reasonable costs. When textbooks, manu als, or other materials shall have been designated by or prepared at the direction of the Commissioner, all examination questions shall be prepared from the contents of those text books, manuals, or other materials. 33-23-10. (a) Each individual applicant for a license as agent, subagent, counselor, or adjuster shall submit to & personal examination in writing as to his competence to act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide by rule or regulation for a reasonable waiting period before giv ing a reexamination to an applicant who failed to pass a previous similar examination. (b) The Commissioner shall by rule or regulation establish criteria and procedures for: (1) The scope of any examination; and (2) Exemptions, if any, to examinations. (c) An applicant for a license to act as an agent, subagent, counselor, or adjuster who held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license if application 1630 JOURNAL OF THE SENATE is made within a period of five years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that: (1) The person was a member of the armed forces of the United States at the time the previous license lapsed; and (2) The person's service in the armed forces of the United States was not terminated more than one year prior to the date of application for a new license. 33-23-11. (a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter. (b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance cov ered, and the other conditions of licensing. 33-23-12. The Commissioner may provide by rule or regulation for licenses of agents or subagents which are limited in scope to specific lines or sublines of insurance as defined in this title, and such limited license may be issued without requiring the applicant to hold an agent's license. 33-23-13. (a) In the event of the death of an agent or subagent, including a temporary agent or subagent, or the inability to act as an agent or subagent by reason of service in the armed services of the United States, illness or other disability, or termination of appoint ment by the insurer, if there is no other individual connected with the agency who is li censed as an agent or subagent in regard to insurance of the classification transacted by the agent or subagent deceased or unable to act, the Commissioner may issue a temporary li cense as agent or subagent in regard to insurance of such classification to an employee of the agency, to a member of the family of said former agent or subagent, or to some associate or to a guardian, receiver, executor, or administrator for the purpose of continuing or winding up the business affairs of the agent, subagent, or agency. A temporary license shall be issued only to an applicant who has filed a sworn application upon forms prescribed by the Com missioner. The applicant shall not be required to meet the requirements as to examination, residence, and education required for licensing of agents or subagents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, the Commissioner shall issue the license. (b) A license issued pursuant to this Code section shall be effective for six months, renewable from time to time for renewal periods of three months in the discretion of the Commissioner; but in no event shall such renewal or any other temporary license of renewal with reference to the same matter extend to a time more than 15 months after the date of the first issuance of a temporary license in such matter. (c) A temporary license shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or subagent. The license shall not authorize the holder thereof to solicit, negotiate, or procure new insurance accounts. 33-23-14. (a) The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter. (b) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (c) The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any proba tionary period. 33-23-15. The Commissioner may issue two or more licenses to one individual provided the individual meets all qualifications and conditions for each such license. 33-23-16. An individual residing in another state and licensed in that state as an agent, broker, counselor, or adjuster may be licensed by the Commissioner as a nonresident agent, FRIDAY, MARCH 6, 1992 1631 broker, counselor, or adjuster under the following circumstances and in the following manner: (1) Upon written application certifying that the applicant will not negotiate or effect a contract of insurance on property or a risk having situs in this state with any insurer not qualified to do business in this state and upon payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an indi vidual to act as nonresident agent, broker, counselor, or adjuster, if, by the laws of the state of the applicant's residence, residents of this state may be licensed in the same manner as nonresident agents, subagents, counselors, or adjusters of such state. The license by the Commissioner shall be of a classification provided in this Code section and for which the applicant has been licensed in the other state; (2) The required license fee for such license shall be as provided in rules or regulations established by the Commissioner; and (3) No license, however, shall be issued to a nonresident who maintains an office as an insurance agent, subagent, counselor, or adjuster in this state or who is a member or an employee of a firm or association or is an officer, director, stockholder, or employee of a corporation which maintains an office as an insurance agency or adjusting firm in this state. No license shall be issued to any individual who does not hold an agent's, broker's, coun selor's, or adjuster's license issued by the state of his or her residence. 33-23-17. A natural person not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such person only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms furnished by the de partment and upon payment of an annual registration fee of $25.00, issue a certificate of registration to the person. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 of this title. 33-23-18. (a) All licenses except temporary or probationary licenses shall be issued on a continuous basis. (b) A license may be continued upon receipt by the Commissioner of evidence of such continuing education and such fees as the Commissioner may establish by rule or regulation. (c) Filings for continuation of the license on forms prescribed by rule or regulation must be made prior to the first December 31 following the initial insurance of the license and every December 31 thereafter. (d) Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed ten classroom hours for each licensed person during the calen dar year. (e) The Commissioner may provide, by rule or regulation, for any exemption to or re duction in continuing education required under this Code section. (f) Every person required to participate in a continuing education program pursuant to this Code section shall furnish or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (g) The Commissioner by rule may establish staggered deadlines for the filing of contin uing license applications together with appropriate fees. 33-23-19. (a) An agent's license shall be placed on inactive status when the agent no 1632 JOURNAL OF THE SENATE longer has on file with the Commissioner a certificate of authority to represent at least one insurer licensed to do business in this state. (b) A subagent's license shall be placed on inactive status when the subagent no longer has on file with the Commissioner a certificate of authority to represent at least one agent licensed to do business in this state. (c) When a license placed on inactive status under this Code section has been in such status for two consecutive years without a certificate of authority having been filed with and accepted by the Commissioner, such license shall be revoked. (d) During the time a license is in inactive status under the provisions of this Code section, the licensee still shall be required to provide evidence of compliance with the con tinuing education requirements of Code Section 33-23-18. 33-23-20. (a) The suspension of the license of an agent or subagent or the placing of such license in inactive status shall not deprive such person or the executors or administra tors of such person's estate of any right that may have been acquired by a contract made before such suspension or placement in inactive status to receive all or a portion of commis sions upon contracts of insurance written before such suspension or placement in inactive status with reference to the periods of time during which such contracts are in effect, in cluding renewal option periods provided in the contracts. (b) In case of a sale of an agency upon a work-out basis, the vendor without maintain ing his or her license or the executors and administrators of the vendor's estate may partici pate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this participation may be without limitation of time after the vendor ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, if authorized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods. (c) Nothing in this article shall be construed to permit an agent or subagent whose license has been suspended or placed in inactive status to solicit insurance, procure applica tions for insurance, or directly or indirectly make or cause to be made any contract for insurance other than as expressly permitted in subsections (a) and (b) of this Code section. 33-23-21. A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner 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; (2) Has intentionally misrepresented or concealed any material fact in any application for a license or on any form filed with the Commissioner; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, applicant, or a beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of an insurance policy or contract; (7) Has failed to pass an examination pursuant to this article, or cheated on any exami nation required for a license; (8) Has failed to comply with or has violated any proper order, rule, or regulation, is sued by the Commissioner, including any order issued by the Commissioner or his desig nated representative during the course of any administrative hearing proceeding; FRIDAY, MARCH 6, 1992 1633 (9) Is not in good faith carrying on business as a licensee under this chapter; (10) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter; (11) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk; (12) Has failed or refused, upon written demand, to pay over to any insurer, agent, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, applicant, beneficiary, or insured; (13) Has failed to comply with Code Section 33-2-12 or 33-2-13 or has refused to appear or to produce records in response to a written demand by the Commissioner sent by regis tered or certified mail to the last known address of the licensee as shown in the records of the Commissioner; (14) Has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (4) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (15) Has been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (16) Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, suspended, or annulled by any lawful licensing authority other than the Commissioner; had other discipli nary action taken against him or her by any such lawful licensing authority other than the Commissioner; was denied or refused a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or (17) Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (14), (15), or (16) of this Code section. 33-23-22. (a) Any license, other than a probationary license, may be suspended or re voked as provided by Code Section 33-23-21, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the appli cant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed. (b) Appeal from any order or decision of the Commissioner made pursuant to this chap ter shall be taken as provided in Chapter 2 of this title. 33-23-23. (a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-23 shall be entitled to file another application for a license as an agent, subagent, counselor, or adjuster within five years from 1634 JOURNAL OF THE SENATE the effective date of the refusal, revocation, or, if judicial review of such refusal or revoca tion is sought, within five years from the date of the final court order or decree affirming such revocation. (b) The application when filed may be refused by the Commissioner unless the appli cant shows good cause why the refusal or revocation of the license shall not be deemed a bar to the issuance of a new license. (c) By law, any surrender of a license under written consent order shall have the same effect as a revocation under subsections (a) and (b) of this Code section. 33-23-24. The permits of service representatives and licenses of licensees under this article shall not be transferable. 33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and main tain in this state or, if a nonresident agent or broker, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of busi ness shall appear on all licenses of the licensee and the licensee shall promptly notify the Commissioner in writing within 30 days of any change in the business address. 33-23-26. (a) Each insurer authorized to transact insurance in this state shall obtain an agent's certificate of authority for each agent representing such insurer in the solicitation of, negotiation for, procurement of, or making of contracts of insurance in this state. (b) All agent's certificates of authority shall be renewed by the insurer on or before January 1 of each year. (c) The fee for each agent's certificate of authority or renewal or duplicate thereof shall be as specified in Code Section 33-8-1. (d) (1) On or before January 1 of each year every insurer shall file with the Commis sioner in such form and manner as the Commissioner may prescribe a certified listing of all of its agents whose certificates of authority are to be renewed for the coming year and shall remit payment to the Commissioner for the appropriate fees. (2) Each insurer shall also be required to maintain and update periodically its listing of authorized agents filed with the Commissioner in such form and manner as may be pre scribed by the Commissioner. (e) If an agent's certificate of authority is terminated, the insurer promptly shall give written notice of said termination and the effective date of the termination to the Commis sioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give notice to the agent. (f) All notices of termination shall be filed with the commissioner in such form and manner as the Commissioner shall prescribe by rule or regulation. 33-23-27. (a) Each agent licensed in this state shall obtain a certificate of authority for each subagent representing such agent in this state. (b) Each subagent's certificate of authority shall be renewed by the agent not more than once every three years in such form and manner as specified by the Commissioner by rule or regulation. (c) Each agent shall also be required to inform the Commissioner of any termination of or change to any certificate of authority for each subagent in such form and manner as may be prescribed by the Commissioner by rule or regulation. (d) The fee for each subagent's certificate of authority or renewal or duplicate thereof shall be as specified by the Commissioner by rule or regulation. (e) The subagent's certificate shall be held by the agent and shall be returned to the Commissioner upon termination of the subagent's authority along with an explanation of FRIDAY, MARCH 6, 1992 1635 the reason for such termination in such form and manner as the Commissioner may specify by rule or regulation. 33-23-28. (a) A subagent's license shall not cover any kind of insurance for which the agent is not then licensed. (b) A subagent shall not have power to bind an insurer or to countersign policies. (c) All business transacted by a subagent under such subagent's license shall be in the name of the agent by whom the subagent is employed; and the agent shall be responsible for all the acts or omissions of the subagent within the scope of his or her employment. (d) A record of each transaction on a form prescribed by the Commissioner shall be maintained by both the agent and the subagent. 33-23-29. (a) On behalf of and as authorized by an insurer for which he or she is li censed as agent, an agent may from time to time act as adjuster and investigate and report upon claims without being required to be licensed as an adjuster. (b) No license by this state shall be required: (1) Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or (2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emer gency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, provided that the employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work. (c) An individual residing in another state and licensed in that state as an adjuster may be licensed by the Commissioner as a nonresident adjuster under the following circum stances and in the following manner: (1) Upon written application and payment of the required license fee and without re quiring a written examination, the Commissioner shall issue a license to an individual to act as a nonresident adjuster if, by the laws of the state of the individual's residence, residents of this state may be licensed in such manner as nonresident adjusters of such state; and (2) The required fee for the license shall be the fee provided in rules and regulations as may be established by the Commissioner or the sum which is charged as a license fee for nonresident adjusters by the state of the applicant's residence, whichever is greater. (d) The Commissioner is authorized to enter into reciprocal agreements with the appro priate official of any other jurisdiction for the purpose of implementing this Code section. 33-23-30. An agent shall not sign or countersign in blank any policy to be issued outside of such agent's office nor countersign in blank any endorsement of any policy to be issued outside of such agent's office. An agent shall not give power of attorney to or otherwise authorize anyone to sign or countersign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechanically or electronically such agent's signature on policies, certificates, endorsements, riders, or other insurance contract documents. 33-23-31. (a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state. (b) All insurance contracts on risks or property or persons located or having a situs in 1636 JOURNAL OF THE SENATE this state shall bear the countersignature of an agent who resides in this state and is li censed pursuant to this article, except: (1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce or covering any liability or other risks incident to the ownership, maintenance, or operation thereof; (2) Any contract of property insurance upon property of railroad companies and other common carriers; (3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier; (4) Any contract of reinsurance between insurers; or (5) Bid bonds issued by any surety insurer in connection with any public or private building or construction project. (c) A nonresident who is the holder of a nonresident agent's license from this state shall not directly or indirectly solicit, negotiate, or effect insurance contracts in this state unless accompanied by a countersigning agent licensed pursuant to this chapter. (d) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident agent by serving the same upon the Commissioner. Service shall be made by leaving a copy of the notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be prescribed by rule or regulation of the Com missioner. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the residence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiffs attorney or by the Commissioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commis sioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by him with the Commissioner shall be deemed to be his place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall in clude a petition attached thereto. 33-23-32. Except as provided in subsection (b) of Code Section 33-23-30, all insurance contracts on risks or property located or having a situs in this state must be countersigned by a resident agent duly licensed in accordance with this chapter; and, if a licensed nonresi dent agent participates in the effectuation of such contract, the resident agent shall be enti tled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis. 33-23-33. (a) Every licensee under this chapter shall keep the Commissioner advised of: the office address of the licensee; the residence address of the licensee; the name and ad dress of each insurer that the licensee represents directly or indirectly; the name and ad dress of each agency of which the licensee is proprietor, partner, officer, director, or em ployee or which the licensee represents; every trade name of such agency; and the names of all partners and members of any firm or association and the corporate name of any corpora tion owning or operating the agency. The information shall be transmitted in writing by the licensee to the Commissioner. FRIDAY, MARCH 6, 1992 1637 (b) Any change in the information required by subsection (a) of this Code section shall be transmitted in writing to the Commissioner within 30 days of such change. The Commis sioner shall prescribe by rule or regulation the form and manner by which such information will be transmitted. 33-23-34. (a) Every licensee under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or subagent, a record of each insurance contract procured, issued, or countersigned together with the names of the insurers and insureds, the amount of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from who business is accepted and of persons to whom com missions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasona bly required by the Commissioner. (b) All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the contract, whichever is greater, provided that records of losses adjusted by an independent adjuster may be kept at the office of the insurer for whom the adjuster acted. 33-23-35. (a) An agent, subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor. (b) All funds representing premiums received or return premiums due the insured by any agent or subagent shall be accounted for in the licensee's fiduciary capacity, shall not be commingled with the licensee's personal funds, and shall be promptly accounted for and paid to the insurer, insured, or agent as entitled to such funds. Nothing contained in this Code section shall be deemed to require any agent or subagent to maintain a separate bank deposit for the funds of each principal, if the funds so held for each principal are reasonably ascertainable from the books of accounts and records of the agent or subagent. (c) Any violation of this Code section shall constitute grounds or cause for action by the Commissioner, including, but not limited to, probation, suspension, or revocation of the li cense. Each and every act by a licensee shall also constitute grounds for fines and penalties, which amounts shall be set by rule or regulation of the Commissioner. Any willful violation of this Code section shall constitute a misdemeanor unless such amounts involved exceed $500.00, whereby such violation shall constitute a felony. 33-23-36. The Commissioner may upon his own motion and shall upon a written com plaint signed by a citizen of this state and filed with the Commissioner inquire into any alleged illegal or improper conduct of any licensee or inquire into the question of whether a licensee is untrustworthy or not competent or not qualified to act as a licensee under this chapter. No finding or decision adverse to any person in regard to whom the inquiry is conducted shall be made by the Commissioner until after notice and hearing as provided in Chapter 2 of this title. 33-23-37. Nothing in this chapter shall prevent the placing of surplus lines of insurance when authorized and permitted under this title. 33-23-38. (a) No agent or subagent shall place any insurance or receive any remunera tion in regard to any insurance of a classification outside the scope of such agent's or subagent's license, nor shall the agent or subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in 1638 JOURNAL OF THE SENATE the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state. (b) Except as otherwise provided in this title, no person shall solicit or be instrumental in placing insurance upon any risk having a situs in this state except with an insurer admit ted to do insurance business in this state. (c) A violation of this Code section shall authorize, among other penalties, the revoca tion of the violator's license as an agent or subagent. 33-23-39. No insurer shall issue, make, write, place, or cause to be made, written, placed, or issued any contract of insurance, indemnity, or suretyship covering risks or prop erty located or having a situs in this state or covering any liability created by or arising under the laws of this state, except through an agent or agents licensed pursuant to this article, except that bid bonds issued by any surety insurer in connection with any public or private building or construction project may be issued without regard to this Code section. 33-23-40. Any contract of insurance issued or countersigned by a person prohibited by this chapter from so issuing or countersigning it shall not be rendered unenforceable by reason of the violation of this chapter; but all persons knowingly participating on behalf of the insurer in the violation shall be guilty of a misdemeanor. 33-23-41. (a) Any person who in this state acts, purports to act, or holds himself or herself out as an agent, subagent, counselor, or adjuster or as an employee of an agent, subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commis sioner a certificate of authority then in effect to do business in this state as required by this chapter and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is the Commissioner's duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code sec tion shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the contract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the premium relating to such contract. This Code section shall have no application to a contract of insurance entered into in accordance with Chapter 5 of this title. (b) An applicant for a license locating to this state who currently holds a valid license in another state or territory of the United States may transact business in this state for the class or classes of insurance authorized by the current license provided that evidence verify ing the validity of the license and good standing of the applicant certified by the insurance supervisory official of such state or territory is submitted with the application. A license issued pursuant to this subsection shall be valid in this state for a period not to exceed 90 days. 33-23-42. Any person who performs any of the acts or things specified in this chapter for any insurance company or agent of said company without such company's having first received a certificate of authority from the Commissioner as required by law shall be pun ished as for a misdemeanor and shall also pay a sum equal to the state, county, and munici pal taxes and license fees required to be paid by insurance companies legally doing business in this state. It shall be the duty of the Commissioner to report any violation of this Code section to the district attorney or prosecuting attorney of the circuit or county which has jurisdiction. 33-23-43. The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the kinds of insurance to be effected by them if licensed; FRIDAY, MARCH 6, 1992 1639 (2) The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations; (3) Classification and scope of authority of any license authorized under this chapter; and (4) Any other purpose required or necessary for the implementation or enforcement of this chapter. 33-23-44. This article shall apply only with respect to acts occurring on or after July 1, 1992; provided, however, that nothing in this Code section shall prevent the Commissioner from implementing sanctions which were authorized by law with respect to acts occurring prior to July 1, 1992." Section 2. Said chapter is further amended by redesignating Article 3 thereof as Article 2. Section 3. All laws and parts of laws in conflict with this Act are repealed. Senator Pollard of the 24th offered the following substitute to SB 747: A BILL To be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to pro hibit certain activities of individuals not holding licenses; to provide for certificates of au thority; to provide penalties; to provide conditions for licensure; to provide for applications; to provide for fees; to provide for examinations and study materials; to provide for bonding requirements; to provide for nonresident licenses; to provide for continuing education re quirements; to provide for the placement of licenses on inactive status; to provide for the suspension or revocation of licenses; to provide requirements relative to the maintenance of a place of business in this state; to provide for notices of terminations of certificates of authority; to provide for the scope of certain licenses; to provide requirements for the coun tersigning of policies; to provide for service of process of nonresident licensees; to provide for records; to provide for the accounting of funds; to provide for investigations; to provide for the promulgation of rules and regulations; to provide for other matters relative to the foregoing; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 23 of the Official Code of Georgia Annotated, relating to the licens ing of insurance agents, brokers, counselors, and adjusters, is amended by striking Article 1, relating to life insurance, accident and sickness insurance, and annuity contracts, and Arti cle 2, relating to property, casualty, and surety insurance, in their entirety and inserting in lieu thereof a new Article 1 to read as follows: "ARTICLE 1 33-23-1. (a) As used in this article, the term: (1) 'Adjuster' means any person who for a fee, commission, salary, or other compensa tion investigates, settles, or adjusts and reports to his employer or principal with respect to claims arising under insurance contacts on behalf of the insurer or the insured or a person who directly supervises or manages such person. The term 'adjuster' does not include: (A) Persons who adjust claims arising under contracts of life or marine insurance or annuities; or (B) An agent or a salaried employee of an agent who adjusts or assists in adjusting losses under policies issued by such agent or insurer. (2) 'Agency' means a person who represents one or more insurers and is engaged in the 1640 JOURNAL OF THE SENATE business of soliciting or procuring insurance or applications for insurance or countersigning, issuing, or delivering contracts of insurance for one or more insurers. (3) 'Agent' means an individual appointed or employed by an insurer who solicits insur ance or procures applications for insurance; who in any way, directly or indirectly, makes or causes to be made any contract of insurance for or on account of an insurer; or who as representative of an insurer receives money for transmission to the insurer for a contract of insurance, anything in the application or contract to the contrary notwithstanding, and who has on file with the Commissioner a certificate of authority from each insurer with whom the agent places insurance. (4) 'Counselor' means any person who engages or advertises or holds himself or herself out as engaging in the business of counseling, advising, or rendering opinions as to the bene fits promised under any contract of insurance issued or offered by any insurer or as to the terms, value, effect, advantages, or disadvantages under the contract of insurance, other than an actuary or consultant advising insurers. When receiving a fee, commission, or other compensation for this service, such person shall not receive any compensation from any other source on or relating to the same transaction. (5) 'Independent adjuster' means an adjuster representing the interest of the insurer who is not an employee of such insurer. (6) 'Insurance,' except where the type of insurance is specifically stated, means all kinds of insurance other than bail bonding by individual sureties. (7) 'Public adjuster' means any person who solicits, advertises for, or otherwise agrees 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 li censed 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 re lated loss of income and living expense losses but excluding claims arising out of any motor vehicle accident. (8) 'Subagent' means any licensed agent, except as provided in Code Section 33-23-12 of this article, who acts for or on behalf of another licensed agent in the solicitation of, negotia tions for, or procurement or making of an insurance contract or annuity contract whether or not the person is designated by the agent as subagent, solicitor, or any other title and who has on file with the Commissioner a certificate of authority from each agent with whom the subagent places insurance. The term 'subagent' shall not include: (A) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; or (B) An agent who places surplus lines insurance with or through a surplus lines broker only with respect to such surplus lines insurance. (9) 'Surplus lines broker' means a person as defined in Code Section 33-1-2. (b) The definitions of agent, subagent, counselor, and adjuster in subsection (a) of this Code section shall not be deemed to include: (1) Any regular salaried officer or employee of an insurer or of an agent or subagent who performs only clerical or administrative services in connection with any insurance transac tion so long as such person is not involved in soliciting insurance, signing or countersigning contracts, or receiving premiums; (2) An attorney at law admitted to practice in this state, when handling the collections of premiums or advising clients as to insurance as a function incidental to the practice of law or who, from time to time, adjusts losses which are incidental to the practice of his or her profession; (3) Any representative of ocean marine insurers; FRIDAY, MARCH 6, 1992 1641 (4) Any representative of farmers' mutual fire insurance companies as defined in Chap ter 16 of this title; (5) A salaried employee of a credit or character reporting firm or agency not engaged in the insurance business who may, however, report to an insurer; (6) A person acting for or as a collection agency; or (7) A person who makes the salary deductions of premiums for employees or, under a group insurance plan, a person who serves the master policyholder of group insurance in administering the details of such insurance for the employees or debtors of the master poli cyholder or of a firm or corporation by which the person is employed and who does not receive insurance commissions for such service; provided, further, that an administration fee not exceeding 5 percent of the premiums collected paid by the insurer to the administration office shall not be construed to be an insurance commission. 33-23-2. A license to act as an agent, subagent, counselor, or adjuster shall be issued only to an individual. 33-23-3. (a) An agency as defined in paragraph (2) of subsection (a) of Code Section 3323-1 must register annually on forms prescribed by the Commissioner. Such registration shall include the following: (1) Name of the agency; (2) Mailing address of the agency; (3) Location of the agency; (4) Names of all owners or, if a corporation, all officers and directors of the agency and, if any are licensees under this chapter, their license numbers; (5) Names of all other employees of the agency and, if licensed under this chapter, their license numbers; and (6) List of insurance companies represented by the agency. (b) An agency shall be subject to all penalties, fines, criminal sanctions, and other ac tions authorized for agents under this chapter. (c) No person shall be an owner of an agency or, if the agency is a corporation, no person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this chapter refused, revoked, or suspended. 33-23-4. (a) No person shall act as or hold himself or herself out to be an agent, subagent, counselor, or adjuster in this state unless such person first procures a license from the Commissioner. (b) No agent or subagent shall solicit or take applications for, procure, or place for others any kind of insurance for which such agent or subagent is not then licensed and for which a certificate of authority is not currently on file with the Commissioner; provided, however, no certificate of authority shall be required for: (1) An agent who places insurance with or through another agent involving 12 or fewer policies or certificates of insurance in any one calendar year; (2) An agent who places surplus lines insurance with or through a surplus lines broker, only with respect to such surplus lines insurance; or (3) An agent who, with agreement of an insurer, places a specific policy or risk with such insurer provided the insurer within 15 days of the acceptance of the risk files with the Commissioner an application for a specific certificate of authority in such form and manner as may be prescribed by the Commissioner. (c) No insurer or agent doing business in this state shall pay, directly or indirectly, any commissions or any other valuable consideration to any person for services as an agent, 1642 JOURNAL OF THE SENATE subagent, or adjuster within this state, unless such person is duly licensed in accordance with this article. (d) An insurer may pay a commission or other valuable consideration to a registered insurance agency in which all employees, stockholders, directors, or officers who solicit, ne gotiate, or effectuate insurance contracts are qualified insurance agents, subagents, or coun selors holding currently valid licenses as required by the laws of this state; and an agent, subagent, or counselor may share any commission or other valuable consideration with such a registered insurance agency. (e) No person, partnership, or corporation other than a duly licensed adjuster, agent, subagent, or counselor shall pay or accept any commission or other valuable consideration except as provided in subsections (c) and (d) of this Code section. (f) This Code section shall not prevent the payment or receipt of renewal or deferred commissions by any agency or a person on the grounds that the licensee has ceased to be an agent, subagent, or counselor nor prevent the receipt or payment of any commission by a person who has been issued a temporary license pursuant to this chapter. (g) Any person who willfully violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to punishment as provided in Code Section 17-10-3, relating to punishment for misdemeanors. 33-23-5. (a) For the protection of the people of this state, the Commissioner shall not issue, continue, or permit to exist any license, except in compliance with this chapter and except as provided in Code Sections 33-23-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29. The Commissioner shall not issue a license to any applicant who does not meet or conform to qualifications or requirements set forth in paragraphs (1) through (7) of this subsection: (1) The applicant must be a resident of this state who will reside and be present within this state for at least six months of every year; provided, however, in cities, towns, or trade areas, either unincorporated or comprised of two or more incorporated cities or towns, lo cated partly within and partly outside the state, requirements as to residence and principal place of business shall be deemed met if the residence or place of business is located in any part of the city, town, or trade area and if the other state in which the city, town, or trade area is located in part has established like requirements as to residence and place of business; (2) If applying for an agent's license, the applicant must have been appointed an agent by an authorized insurer subject to issuance of the license; (3) If applying for a subagent's certificate of authority, the applicant must have been appointed a subagent by a licensed agent subject to issuance of the certificate of authority; (4) The applicant must be of good character; (5) The applicant must pass any written examination required for the license by this article; (6) If applying for a license as counselor, the applicant must show that he or she has had five years' experience acting as either an agent, subagent, or adjuster or in some other phase of the insurance business which in the opinion of the Commissioner has qualified the applicant to act as such counselor; and the applicant shall pass such examination as shall be required by the Commissioner; and (7) If applying for an agent's license, subagent's license, counselor's license, or adjuster's license, except as provided in subsection (c) of this Code section and in Code Sections 3323-12, 33-23-13, 33-23-14, 33-23-16, 33-23-17, and 33-23-29, no applicant shall be qualified therefor or be so licensed unless he or she has: (A) Successfully completed classroom courses in insurance satisfactory to the Commis sioner at a school which has been approved by the Commissioner; or FRIDAY, MARCH 6, 1992 1643 (B) Completed a correspondence course in insurance approved by the Commissioner and has had at least six months of responsible insurance duties as a substantially full-time bona fide employee of an agent or insurer or the managers, general agents, or representa tives of the insurer in the kind or kinds of insurance for which such applicant seeks to be licensed. (b) Where the applicant's qualifications as required in subparagraph (a)(7)(B) of this Code section are based in part upon the periods of employment at responsible insurance duties, the applicant shall submit with this application for license on a form prescribed by the Commissioner an affidavit setting forth the period of such employment, stating that the employment was substantially full time, and giving a brief abstract of the nature of the duties performed by the applicant. (c) An individual who was qualified to sit for an agent's or adjuster's examination at the time such individual was employed by the Commissioner and who while so employed was employed in responsible insurance duties as a full-time bona fide employee shall be permit ted to take an examination if application for such examination is made within 90 days after the date of termination of employment with the Commissioner. (d) This Code section shall not apply as to any temporary license provided for in Code Section 33-23-13. 33-23-6. (a) In addition to the other applicable provisions of this chapter, the Commis sioner shall license as an adjuster only an individual who has furnished evidence satisfactory to the Commissioner that such person has had special education or training, with reference to the handling of loss claims under insurance contracts, of sufficient duration and extent to qualify the person as reasonably competent to fulfill the responsibilities of an adjuster. (b) In addition to other applicable provisions of this chapter, an applicant for a public adjuster's license must have previously filed a bond as required by rule or regulation of the Commissioner. 33-23-7. In addition to other applicable provisions of this chapter, an applicant for a counselor's license must have previously filed a bond as required by rule or regulation by the Commissioner. 33-23-8. (a) An applicant for any license required by this chapter shall file with the Commissioner a written application upon forms prescribed by the Commissioner. The appli cation shall be signed and verified by the oath of the applicant. As a part of or in connection with such application, the applicant shall state the kinds of insurance proposed to be trans acted and furnish information concerning the applicant's identity, personal history, experi ence, business history, purposes, and any other pertinent facts which the Commissioner may by rule or regulation require. (b) If the application is for an agent's license, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by written appointment of the applicant as agent by an authorized insurer subject to issuance of the license. (c) If the application is for a subagent's certificate of authority, the application shall state the kinds of insurance proposed to be transacted and shall be accompanied by a writ ten appointment of the applicant as subagent by an agent subject to issuance of the certifi cate of authority. (d) The application shall also show whether the applicant was ever previously licensed to transact any kind of insurance in this state or elsewhere; whether any license was ever refused, surrendered, suspended, restricted, or revoked; whether any insurer, general agent, agent, or other person claims the applicant is indebted to it and, if so, the details of the indebtedness; whether the applicant ever had an agency contract canceled and the facts of the cancellation; whether the applicant has had a certificate of authority terminated by an insurer or agent and the facts of the termination; whether the applicant will devote all or part of his or her efforts to acting as an insurance agent or subagent and, if part time only, how much time the applicant expects to devote to such work and in what other business or 1644 JOURNAL OF THE SENATE businesses he or she will be engaged; whether, if the applicant is a married person, the husband or wife has ever applied for or held a license to solicit insurance in any state and whether the license has been refused, surrendered, suspended, restricted, or revoked; and such other information as the Commissioner in his or her discretion may require. (e) As to any application for an agent's or subagent's license or certificate of authority, the Commissioner shall require as part of application a certificate of the insurer or agent proposed to be represented relative to the applicant's identity, residence, experience, or in struction as to the kinds of insurance to be transacted; and the certificate shall state the extent and nature of the investigation of the applicant's character and background con ducted by the insurer or agent, the fact that the insurer or agent is satisfied that the appli cant is trustworthy and qualified to act as its agent or subagent and to hold himself or herself out in good faith to the general public as an agent or subagent, and the fact that the insurer or agent desires that the applicant be licensed as an agent or subagent to represent it in this state. (f) All such applications shall be accompanied by the appropriate fees in the respective amounts as provided by law. 33-23-9. The rules and regulations of the Commissioner shall designate textbooks, manuals, and other materials to be studied by the applicant in preparation for examinations in each classification designated by the Commissioner. The textbooks, manuals, or other materials may consist of matter available to applicants by purchase from the publisher or may consist of matter prepared at the discretion of the Commissioner and distributed to applicants upon request therefor and payment of reasonable costs. When textbooks, manu als, or other materials shall have been designated by or prepared at the direction of the Commissioner, all examination questions shall be prepared from the contents of those text books, manuals, or other materials. 33-23-10. (a) Each individual applicant for a license as agent, subagent, counselor, or adjuster shall submit to a personal examination in writing as to his competence to act in such capacity. The examination shall be prepared and given by the Commissioner or a designee of the Commissioner and shall be given and graded in a fair and impartial manner and without unfair discrimination as between individuals examined. Any required examination may be supplemented by an oral examination at the discretion of the Commissioner. The Commissioner shall provide by rule or regulation for a reasonable waiting period before giv ing a reexamination to an applicant who failed to pass a previous similar examination. (b) The Commissioner shall by rule or regulation establish criteria and procedures for: (1) The scope of any examination; and (2) Exemptions, if any, to examinations. (c) An applicant for a license to act as an agent, subagent, counselor, or adjuster who held a valid license to act as such which lapsed while the applicant was a member of any branch of the armed forces of the United States shall be granted a new license if application is made within a period of five years from the date of the expiration of the old license and proof satisfactory to the Commissioner is furnished that: (1) The person was a member of the armed forces of the United States at the time the previous license lapsed; and (2) The person's service in the armed forces of the United States was not terminated more than one year prior to the date of application for a new license. 33-23-11. (a) The Commissioner shall issue licenses applied for to persons qualified for the licenses in accordance with this chapter. (b) The license shall state the name and address of the licensee, the date of issue, the general conditions relative to expiration or termination, the kind or kinds of insurance cov ered, and the other conditions of licensing. 33-23-12. The Commissioner may provide by rule or regulation for licenses of agents or FRIDAY, MARCH 6, 1992 1645 subagents which are limited in scope to specific lines or sublines of insurance as defined in this title, and such limited license may be issued without requiring the applicant to hold an agent's license. 33-23-13. (a) In the event of the death of an agent or subagent, including a temporary agent or subagent, or the inability to act as an agent or subagent by reason of service in the armed services of the United States, illness or other disability, or termination of appoint ment by the insurer, if there is no other individual connected with the agency who is li censed as an agent or subagent in regard to insurance of the classification transacted by the agent or subagent deceased or unable to act, the Commissioner may issue a temporary li cense as agent or subagent in regard to insurance of such classification to an employee of the agency, to a member of the family of said former agent or subagent, or to some associate or to a guardian, receiver, executor, or administrator for the purpose of continuing or winding up the business affairs of the agent, subagent, or agency. A temporary license shall be issued only to an applicant who has filed a sworn application upon forms prescribed by the Com missioner. The applicant shall not be required to meet the requirements as to examination, residence, and education required for licensing of agents or subagents other than temporary agents. If the Commissioner deems the applicant to be qualified for a temporary license, the Commissioner shall issue the license. (b) A temporary license may be issued to a person at the request of an insurer for the purposes of training such person to act as an agent; provided, however, such person must perform his or her duties under the supervision of a person licensed under this article. The Commissioner may prescribe by rule or regulations such further restrictions on such tempo rary licenses as may be necessary for the protection of the public. (c) A license issued pursuant to this Code section shall be effective for six months, renewable from time to time for renewal periods of three months in the discretion of the Commissioner; but in no event shall such renewal or any other temporary license of renewal with reference to the same matter extend to a time more than 15 months after the date of the first issuance of a temporary license in such matter. (d) A temporary license shall authorize the negotiation of renewal policies, the receipt and collection of premiums, and such other acts as are necessary to the continuance of the particular insurance business of the agent or subagent. The license shall not authorize the holder thereof to solicit, negotiate, or procure new insurance accounts. 33-23-14. (a) The Commissioner shall have the authority to issue a probationary license to any applicant under this chapter. (b) A probationary license may be issued for a period of not less than three months and not longer than 12 months and shall be subject to immediate revocation for cause at any time without a hearing. (c) The Commissioner, at his or her discretion, shall prescribe the terms of probation, may extend the probationary period, or refuse to grant a license at the end of any proba tionary period. 33-23-15. The Commissioner may issue two or more licenses to one individual provided the individual meets all qualifications and conditions for each such license. 33-23-16. An individual residing in another state and licensed in that state as an agent, broker, counselor, or adjuster may be licensed by the Commissioner as a nonresident agent, broker, counselor, or adjuster under the following circumstances and in the following manner: (1) Upon written application certifying that the applicant will not negotiate or effect a contract of insurance on property or a risk having situs in this state with any insurer not qualified to do business in this state and upon payment of the required license fee and without requiring a written examination, the Commissioner shall issue a license to an indi vidual to act as nonresident agent, broker, counselor, or adjuster, if, by the laws of the state of the applicant's residence, residents of this state may be licensed in the same manner as 1646 JOURNAL OF THE SENATE nonresident agents, subagents, counselors, or adjusters of such state. The license by the Commissioner shall be of a classification provided in this Code section and for which the applicant has been licensed in the other state; (2) The required license fee for such license shall be as provided by law; and (3) No license, however, shall be issued to a nonresident who maintains an office as an insurance agent, subagent, counselor, or adjuster in this state or who is a member or an employee of a firm or association or is an officer, director, stockholder, or employee of a corporation which maintains an office as an insurance agency or adjusting firm in this state. No license shall be issued to any individual who does not hold an agent's, broker's, coun selor's, or adjuster's license issued by the state of his or her residence. 33-23-17. A natural person not a resident of this state may be registered to represent an authorized life insurer domiciled in this state, provided such person only represents the insurer exclusively at a United States military installation located in a foreign country. The Commissioner may, upon request of the insurer on application forms prescribed by the de partment and upon payment of an annual registration fee of $25.00, issue a certificate of registration to the person. An official of the insurer shall certify to the Commissioner that the applicant has the necessary training to hold himself or herself out as a foreign life or accident and sickness insurance representative; and the official of the insurer shall further certify on behalf of his or her insurer that it is willing to be bound by the acts of such applicant within the scope of his or her employment. Such certificate shall expire as of December 31 succeeding the date of its issuance unless it is terminated at an earlier time in accordance with this chapter and Chapter 2 of this title. 33-23-18. (a) All licenses except temporary or probationary licenses shall be issued on a continuous basis. (b) A license may be continued upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law. (c) Filings for continuation of the license on forms prescribed by rule or regulation must be made prior to the first December 31 following the initial issuance of the license and every December 31 thereafter. (d) Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed ten classroom hours for each licensed person during the calen dar year. (e) The Commissioner may provide, by rule or regulation, for any exemption to or re duction in continuing education required under this Code section. (f) Every person required to participate in a continuing education program pursuant to this Code section shall furnish or such person's insurer shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (g) The Commissioner by rule may establish staggered deadlines for the filing of contin uing license applications together with appropriate fees. 33-23-19. (a) An agent's license shall be placed on inactive status when the agent no longer has on file with the Commissioner a certificate of authority to represent at least one insurer licensed to do business in this state. (b) A subagent's license shall be placed on inactive status when the subagent no longer has on file with the Commissioner a certificate of authority to represent at least one agent licensed to do business in this state. (c) When a license placed on inactive status under this Code section has been in such status for two consecutive years without a certificate of authority having been filed with and accepted by the Commissioner, such license shall be revoked. FRIDAY, MARCH 6, 1992 1647 (d) During the time a license is in inactive status under the provisions of this Code section, the licensee still shall be required to provide evidence of compliance with the con tinuing education requirements of Code Section 33-23-18. 33-23-20. (a) The suspension of the license of an agent or subagent or the placing of such license in inactive status shall not deprive such person or the executors or administra tors of such person's estate of any right that may have been acquired by a contract made before such suspension or placement in inactive status to receive all or a portion of commis sions upon contracts of insurance written before such suspension or placement in inactive status with reference to the periods of time during which such contracts are in effect, in cluding renewal option periods provided in the contracts. (b) In case of a sale of an agency upon a work-out basis, the vendor without maintain ing his or her license or the executors and administrators of the vendor's estate may partici pate in the proceeds of premiums on insurance written by the purchaser of the agency when and as authorized to do so by the contract of sale of the agency; and this participation may be without limitation of time after the vendor ceased to hold a license. An agent whose license has been suspended or placed in inactive status may, if authorized by the insurer, countersign certificates and endorsements necessary to continue coverage to the expiration date, including renewal option periods. (c) Nothing in this article shall be construed to permit an agent or subagent whose license has been suspended or placed in inactive status to solicit insurance, procure applica tions for insurance, or directly or indirectly make or cause to be made any contract for insurance other than as expressly permitted in subsections (a) and (b) of this Code section. 33-23-21. A license, other than a probationary license, may be refused or a license duly issued may be suspended or revoked by the Commissioner if the Commissioner 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; (2) Has intentionally misrepresented or concealed any material fact in any application for a license or on any form filed with the Commissioner; (3) Has obtained or attempted to obtain the license by misrepresentation, concealment, or other fraud; (4) Has misappropriated, converted to his or her own use, or illegally withheld money belonging to an insurer, insured, agent, applicant, or a beneficiary; (5) Has committed fraudulent or dishonest practices; (6) Has materially misrepresented the terms and conditions of an insurance policy or contract; (7) Has failed to pass an examination pursuant to this article, or cheated on any exami nation required for a license; (8) Has failed to comply with or has violated any proper order, rule, or regulation, is sued by the Commissioner, including any order issued by the Commissioner or his desig nated representative during the course of any administrative hearing proceeding; (9) Is not in good faith carrying on business as a licensee under this chapter; (10) Has shown lack of trustworthiness or lack of competence to act as an licensee under this chapter; (11) Has knowingly participated in the writing or issuance of substantial overinsurance of any property insurance risk; (12) Has failed or refused, upon written demand, to pay over to any insurer, agent, applicant, beneficiary, or insured any moneys which belong to such insurer, agent, applicant, beneficiary, or insured; 1648 JOURNAL OF THE SENATE (13) Has failed to comply with Code Section 33-2-12 or 33-2-13 or has refused to appear or to produce records in response to a written demand by the Commissioner sent by regis tered or certified mail to the last known address of the licensee as shown in the records of the Commissioner; (14) Has been convicted of any felony or of any crime involving moral turpitude in the courts of this state or any other state, territory, or country or in the courts of the United States; as used in this paragraph and paragraph (15) of this subsection, the term 'felony' shall include any offense which, if committed in this state, would be deemed a felony, with out regard to its designation elsewhere; and, as used in this paragraph, the term 'conviction' shall include a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought; (15) Has been arrested, charged, and sentenced for the commission of any felony, or any crime involving moral turpitude, where: (A) First offender treatment without adjudication of guilt pursuant to the charge was granted; or (B) An adjudication of guilt or sentence was otherwise withheld or not entered on the charge, except with respect to a plea of nolo contendere. The order entered pursuant to the provisions of Article 3 of Chapter 8 of Title 42, relating to probation of first offenders, or other first offender treatment shall be conclusive evidence of arrest and sentencing for such crime; (16) Has had a license to practice a business or profession licensed under the laws of this state or any other state, territory, country, or the United States revoked, suspended, or annulled by any lawful licensing authority other than the Commissioner; had other discipli nary action taken against him or her by any such lawful licensing authority other than the Commissioner; was denied or refused a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or was refused the renewal of a license by any such lawful licensing authority other than the Commissioner pursuant to disciplinary proceedings; or (17) Has failed to notify the Commissioner within 60 days of any event referred to in paragraph (14), (15), or (16) of this Code section. 33-23-22. (a) Any license, other than a probationary license, may be suspended or re voked as provided by Code Section 33-23-21, and the Commissioner shall give notice of such action to the applicant for or holder of the license and any insurer or agent whom the appli cant or licensee represents or who desires that the applicant or licensee be licensed. The procedure for conduct of hearings set forth in Chapter 2 of this title shall be followed. (b) Appeal from any order or decision of the Commissioner made pursuant to this chap ter shall be taken as provided in Chapter 2 of this title. 33-23-23. (a) No licensee or applicant whose license or application has been refused or revoked as provided by Code Sections 33-23-21 and 33-23-22 shall be entitled to file another application for a license as an agent, subagent, counselor, or adjuster within five years from the effective date of the refusal, revocation, or, if judicial review of such refusal or revoca tion is sought, within five years from the date of the final court order or decree affirming such refusal or revocation. (b) The application when filed may be refused by the Commissioner unless the appli cant shows good cause why the refusal or revocation of the license shall not be deemed a bar to the issuance of a new license. (c) By law, any surrender of a license under written consent order shall have the same effect as a revocation under subsections (a) and (b) of this Code section. 33-23-24. The permits of service representatives and licenses of licensees under this article shall not be transferable. FRIDAY, MARCH 6, 1992 1649 33-23-25. Every licensed agent, subagent, counselor, and adjuster shall have and main tain in this state or, if a nonresident agent or broker, in the state of domicile, a place of business accessible to the public. The place of business shall be that wherein the licensee principally conducts transactions pursuant to the license. The address of the place of busi ness shall appear on all licenses of the licensee and the licensee shall promptly notify the Commissioner in writing within 30 days of any change in the business address. 33-23-26. (a) Each insurer authorized to transact insurance in this state shall obtain an agent's certificate of authority for each agent representing such insurer in the solicitation of, negotiation for, procurement of, or making of contracts of insurance in this state. (b) All agent's certificates of authority shall be renewed by the insurer on or before January 1 of each year. (c) The fee for each agent's certificate of authority or renewal or duplicate thereof shall be as provided by law. (d) (1) On or before January 1 of each year every insurer shall file with the Commis sioner in such form and manner as the Commissioner may prescribe a certified listing of all of its agents whose certificates of authority are to be renewed for the coming year and shall remit payment to the Commissioner for the appropriate fees. (2) Each insurer shall also be required to maintain and update periodically its listing of authorized agents filed with the Commissioner in such form and manner as may be pre scribed by the Commissioner. (e) If an agent's certificate of authority is terminated, the insurer promptly shall give written notice of said termination and the effective date of the termination to the Commis sioner and to the agent where reasonably possible. The Commissioner may also require the insurer to demonstrate to the satisfaction of the Commissioner that the insurer has made a reasonable effort to give notice to the agent. (f) All notices of termination shall be filed with the Commissioner in such form and manner as the Commissioner shall prescribe by rule or regulation. 33-23-27. (a) Each agent licensed in this state shall obtain a certificate of authority for each subagent representing such agent in this state. (b) Each subagent's certificate of authority shall be renewed by the agent not more than once every three years in such form and manner as specified by the Commissioner by rule or regulation. (c) Each agent shall also be required to inform the Commissioner of any termination of or change to any certificate of authority for each subagent in such form and manner as may be prescribed by the Commissioner by rule or regulation. (d) The fee for each subagent's certificate of authority or renewal or duplicate thereof shall be as provided by law. (e) The subagent's certificate shall be held by the agent and shall be returned to the Commissioner upon termination of the subagent's authority along with an explanation of the reason for such termination in such form and manner as the Commissioner may specify by rule or regulation. 33-23-28. (a) A subagent's certificate of authority shall not cover any kind of insurance for which the agent is not then licensed. (b) A subagent shall not have power to bind an insurer or to countersign policies. (c) All business transacted by a subagent under such subagent's license shall be in the name of the agent by whom the subagent is employed; and the agent shall be responsible for all the acts or omissions of the subagent within the scope of his or her employment. (d) A record of each transaction on a form prescribed by the Commissioner shall be maintained by both the agent and the subagent. 1650 JOURNAL OF THE SENATE 33-23-29. (a) On behalf of and as authorized by an insurer for which he or she is li censed as agent, an agent may from time to time act as an adjuster and investigate and report upon claims without being required to be licensed as an adjuster. (b) No license by this state shall be required: (1) Of a nonresident independent adjuster for the adjustment in this state of a single loss or of losses arising out of a catastrophe common to all such losses; or (2) Of a nonresident adjuster who regularly adjusts in another state and who is licensed in such other state, if such state requires a license, to act as adjuster in this state for emer gency insurance adjustment work for a period not exceeding 60 days and performed for an employer who is an insurance adjuster licensed by this state or who is a regular employer of one or more insurance adjusters licensed by this state, provided that the employer shall furnish to the Commissioner a notice in writing immediately upon the beginning of the emergency insurance adjustment work. (c) An individual residing in another state and licensed in that state as an adjuster may be licensed by the Commissioner as a nonresident adjuster under the following circum stances and in the following manner: (1) Upon written application and payment of the required license fee and without re quiring a written examination, the Commissioner shall issue a license to an individual to act as a nonresident adjuster if, by the laws of the state of the individual's residence, residents of this state may be licensed in such manner as nonresident adjusters of such state; and (2) The required fee for the license shall be the fee provided by law or the sum which is charged as a license fee for nonresident adjusters by the state of the applicant's residence, whichever is greater. (d) The Commissioner is authorized to enter into reciprocal agreements with the appro priate official of any other jurisdiction for the purpose of implementing this Code section. 33-23-30. An agent shall not sign or countersign in blank any policy to be issued outside of such agent's office nor countersign in blank any endorsement of any policy to be issued outside of such agent's office. An agent shall not give power of attorney to or otherwise authorize anyone to sign or countersign the agent's name to policies unless the person so authorized is directly employed by the agent and no other person, and the person has no office files, equipment, or address in regard to the insurance business other than those in the office of the agent. Nothing in this Code section shall prohibit an agent from authorizing an insurer represented by such agent to reproduce mechanically or electronically such agent's signature on policies, certificates, endorsements, riders, or other insurance contract documents. 33-23-31. (a) A risk shall be deemed to have a situs in this state if the insurance is upon or in regard to property having a permanent situs in this state or movable property which is actually in this state or is principally used or kept in this state or on persons resident in this state. (b) All insurance contracts on risk or property or persons located or having a situs in this state shall bear the countersignature of an agent who resides in this state and is li censed pursuant to this article, except: (1) Any contract of insurance covering the rolling stock of any railroad, covering any vessel, aircraft, or motor vehicle used in interstate or foreign commerce or covering any liability or other risks incident to the ownership, maintenance, or operation thereof; (2) Any contract of property insurance upon property of railroad companies and other common carriers; (3) Any contract of insurance covering any property in transit while in the custody of any common carrier or any liability or risk incident to the carrier; (4) Any contract of reinsurance between insurers; FRIDAY, MARCH 6, 1992 1651 (5) Any contract of life or accident and sickness insurance; or (6) Bid bonds issued by any surety insurer in connection with any public or private building or construction project. (c) A nonresident who is the holder of a nonresident agent's license from this state shall not directly or indirectly solicit, negotiate, or effect insurance contracts in this state unless accompanied by a countersigning agent licensed pursuant to this chapter. (d) Each nonresident agent by obtaining a license in this state or by doing business in this state shall be deemed to have consented that any notice provided in this chapter and any summons, notice, or process in connection with any action or proceeding in any state or federal court in this state, which notice, summons, or process grows out of or is based upon any business or acts done or omitted to be done in this state, may be sufficiently served upon such nonresident agent by serving the same upon the Commissioner. Service shall be made by leaving a copy of the notice, summons, or process with a fee in the hands of the Commissioner. The fee for such service shall be as provided by law. Such service shall be sufficient service upon the nonresident agent, provided that notice of the service and a copy of the notice, summons, or process shall be immediately sent by registered or certified mail by the plaintiff or by the Commissioner to the residence of the nonresident agent addressed to the agent. The nonresident agent's return receipt and the affidavit of compliance with the notice, summons, or process made by the plaintiff or the plaintiff's attorney or by the Com missioner shall be appended to the notice, summons, or process and filed with the case in the court where it is pending or filed with the Commissioner if in regard to a proceeding provided under this chapter. Venue of such an action shall be in the county of the residence of a plaintiff in the action, if the plaintiff resides in this state; otherwise venue shall be in Fulton County. The place of residence of a licensed nonresident agent placed on file by him with the Commissioner shall be deemed to be his place of residence until the agent places on file with the Commissioner a written notice stating another place of residence. As used in this subsection, the term 'process' shall include a petition attached thereto. 33-23-32. Except as provided in subsection (b) of Code Section 33-23-30, all insurance contracts on risks or property located or having a situs in this state must be countersigned by a resident agent duly licensed in accordance with this chapter; and, if a licensed nonresi dent agent participates in the effectuation of such contract, the resident agent shall be enti tled to the same commission as allowed by the state of residence of the licensed nonresident but, in any event, to not more than 50 percent of the commission. Nothing contained in this Code section shall be construed to require a company to make additional compensation in the way of commissions or otherwise to a person who is paid on a salary basis. 33-23-33. (a) Every licensee under this chapter shall keep the Commissioner advised of: the office address of the licensee; the residence address of the licensee; the name and ad dress of each insurer that the licensee represents directly or indirectly; the name and ad dress of each agency of which the licensee is proprietor, partner, officer, director, or em ployee or which the licensee represents; every trade name of such agency; and the names of all partners and members of any firm or association and the corporate name of any corpora tion owning or operating the agency. The information shall be transmitted in writing by the licensee to the Commissioner. (b) Any change in the information required by subsection (a) of this Code section shall be transmitted in writing to the Commissioner within 30 days of such change. The Commis sioner shall prescribe by rule or regulation the form and manner by which such information will be transmitted. 33-23-34. (a) Every licensee under this chapter shall keep at the address as shown on his or her license or at the insurer's regional or home office situated in this state a record of all transactions consummated under such license. The record shall be in organized form and shall include: (1) In the case of an agent or subagent, a record of each insurance contract procured, issued, or countersigned together with the names of the insurers and insureds, the amount 1652 JOURNAL OF THE SENATE of premium paid or to be paid, and a statement of the subject of the insurance; and the names of any other licensees from who business is accepted and of persons to whom com missions or allowances of any kind are promised or paid; (2) In the case of an adjuster, a record of each investigation or adjustment undertaken or consummated and a statement of any fee, commission, or other compensation received or to be received by the adjuster on account of the investigation or adjustment; and (3) Such other and additional information as may be customary or as may be reasona bly required by the Commissioner. (b) All records as to any particular transaction shall be kept for a term of five years beginning immediately after the completion of the transaction or the term of the contract, whichever is greater, provided that records of losses adjusted by an independent adjuster may be kept at the office of the insurer for whom the adjuster acted. 33-23-35. (a) An agent, subagent, or any other representative of an insurer or of any other person in the effectuation of an insurance contract shall report to the insurer or its agent the premium for the contract and the amount shall be shown in the contract. Each willful violation of this subsection shall constitute a misdemeanor. (b) All funds representing premiums received or return premiums due the insured by any agent or subagent shall be accounted for in the licensee's fiduciary capacity, shall not be commingled with the licensee's personal funds, and shall be promptly accounted for and paid to the insurer, insured, or agent as entitled to such funds. Nothing contained in this Code section shall be deemed to require any agent or subagent to maintain a separate bank deposit for the funds of each principal, if the funds so held for each principal are reasonably ascertainable from the books of accounts and records of the agent or subagent. (c) Any violation of this Code section shall constitute grounds or cause for action by the Commissioner, including, but not limited to, probation, suspension, or revocation of the li cense. Each and every act by a licensee shall also constitute grounds for fines and penalties, which amounts shall be set by rule or regulation of the Commissioner. Any willful violation of this Code section shall constitute a misdemeanor unless such amounts involved exceed $500.00, whereby such violation shall constitute a felony. 33-23-36. The Commissioner may upon his own motion and shall upon a written com plaint signed by a citizen of this state and filed with the Commissioner inquire into any alleged illegal or improper conduct of any licensee or inquire into the question of whether a licensee is untrustworthy or not competent or not qualified to act as a licensee under this chapter. No finding or decision adverse to any person in regard to whom the inquiry is conducted shall be made by the Commissioner until after notice and hearing as provided in Chapter 2 of this title. 33-23-37. Nothing in this chapter shall prevent the placing of surplus lines of insurance when authorized and permitted under this title. 33-23-38. (a) No agent or subagent shall place any insurance or receive any remunera tion in regard to any insurance of a classification outside the scope of such agent's or subagent's license, nor shall the agent or subagent share a commission except with an agent licensed pursuant to this article; with an agency that has as its proprietor or as a partner in the agency or as an officer or employee of the agency one or more agents licensed in regard to insurance that is within the scope of his or her agency; or with an agent or agency having a residence or situs in another state and a license from such other state for the transaction of insurance in that state. (b) Except as otherwise provided in this title, no person shall solicit or be instrumental in placing insurance upon any risk having a situs in this state except with an insurer admit ted to do insurance business in this state. (c) A violation of this Code section shall authorize, among other penalties, the revoca tion of the violator's license as an agent or subagent. FRIDAY, MARCH 6, 1992 1653 33-23-39. No insurer shall issue, make, write, place, or cause to be made, written, placed, or issued any contract of insurance, indemnity, or suretyship covering risks or prop erty located or having a situs in this state or covering any liability created by or arising under the laws of this state, except through an agent or agents licensed pursuant to this article, except that bid bonds issued by any surety insurer in connection with any public or private building or construction project may be issued without regard to this Code section. 33-23-40. Any contract of insurance issued or countersigned by a person prohibited by this chapter from so issuing or countersigning it shall not be rendered unenforceable by reason of the violation of this chapter; but all persons knowingly participating in the viola tion shall be guilty of a misdemeanor. 33-23-41. (a) Any person who in this state acts, purports to act, or holds himself or herself out as an agent, subagent, counselor, or adjuster or as an employee of an agent, subagent, counselor, or adjuster of or for an insurer that has not obtained from the Commis sioner a certificate of authority then in effect to do business in this state as required by this title or who has not obtained a certificate of authority as required by this article and any person who in this state collects or forwards any premium or portion of the premium for or to the insurer shall pay a sum equal to the state, county, and municipal taxes and license fees required to be paid by the insurance companies legally doing business in this state. It is the Commissioner's duty to report violators of this Code section to the district attorney for the county in which the violations occurred. Violators of this Code section shall also be personally liable to the same extent as the insurer upon every contract of insurance made by the insurer with reference to a risk having a situs in this state, if the violator participated in the solicitation, negotiation, or making of the contract or in any endorsement to the con tract, in any modification of the contract, or in the collection or forwarding of any premium or portion of the premium relating to such contract. This Code section shall have no appli cation to a contract of insurance entered into in accordance with Chapter 5 of this title. (b) An applicant for a license locating to this state who currently holds a valid license in another state or territory of the United States may transact business in this state for the class or classes of insurance authorized by the current license provided that evidence verify ing the validity of the license and good standing of the applicant certified by the insurance supervisory official of such state or territory is submitted with the application. The permis sion granted pursuant to this subsection shall be valid in this state for a period not to exceed 90 days. 33-23-42. Any person who performs any of the acts or things specified in this chapter for any insurance company or agent of said company without such company's having first received a certificate of authority from the Commissioner as required by law shall be pun ished as for a misdemeanor and shall also pay a sum equal to the state, county, and munici pal taxes and license fees required to be paid by insurance companies legally doing business in this state. It shall be the duty of the Commissioner to report any violation of this Code section to the district attorney or prosecuting attorney of the circuit or county which has jurisdiction. 33-23-43. The Commissioner may establish rules and regulations with respect to: (1) The classification of applicants according to the kinds of insurance to be effected by them if licensed; (2) The scope, type, and conduct of written examinations to be given pursuant to this chapter and the times and places within this state for holding the examinations; (3) Classification and scope of authority of any license authorized under this chapter; and (4) Any other purpose required or necessary for the implementation or enforcement of this chapter. 33-23-44. This article shall apply only with respect to acts occurring on or after July 1, 1992; provided, however, that nothing in this Code section shall prevent the Commissioner 1654 JOURNAL OF THE SENATE from implementing sanctions which were authorized by law with respect to acts occurring prior to July 1, 1992." Section 2. Said chapter is further amended by redesignating Article 3 thereof as Article 2. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute offered by the Senate Committee on Insurance and Labor, the yeas were 5, nays 30, and the substitute was lost. On the adoption of the substitute offered by Senator Pollard of the 24th, the yeas were 36, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SB 747 would be suspended and placed on the Senate General Calendar. SB 773. By Senators Garner of the 30th, Tysinger of the 41st, Broun of the 46th and Tate of the 38th: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Con gress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alco holic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date. The Senate Committee on Economic Development and Tourism offered the following substitute to SB 773: A BILL To be entitled an Act to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Con gress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alcoholic beverages for consumption on the premises of the projects of or under the control of the authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Congress Center Authority, is amended by adding at the end of said Code section a new subsection (e) to read as follows: "(e) The authority shall have the power to sell or dispense, upon obtaining a license from the Department of Revenue, or to permit others to sell or dispense, upon obtaining a license from the Department of Revenue, alcoholic beverages for consumption on the prem ises but only upon and within the territorial limits of property of or under the management and control of the authority. The authority shall not have the power to sell or dispense alcoholic beverages in unbroken packages for the purpose of permitting such unbroken packages to be carried off the premises. The authority shall determine and regulate by reso lution, as it may amend from time to time, the conditions under which such sales or dis pensing of alcoholic beverages for consumption on the premises shall be made or shall be permitted including the hours and days during which the sale or dispensing of alcoholic beverages shall be made or shall be permitted." 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 6, 1992 1655 On the adoption of the substitute, the yeas were 36, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perry Ragan of 10th Ramsey Ray Robinson Scott Steinberg Tate Taylor Timmons Turner Tysinger Walker of 43rd Voting in the negative was Senators Burton and White. Those not voting were Senators: Clay Coleman Deal Langford Perdue Phillips Pollard Ragan of 32nd Shumake Starr Thompson Walker of 22nd On the passage of the bill, the yeas were 42, nays 2. The bill, having received the requisite constitutional majority, was passed by substitute. SB 757. By Senator Burton of the 5th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of earning curriculum credits at the high school level; to provide for related matters; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Deal Dean Echols Edge English 1656 JOURNAL OF THE SENATE Foster Garner Gillis Hammill Hasty Hill Hooks Huggins Johnson Kidd Moye Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Steinberg Tate Taylor Thompson Turner Walker of 43rd White Those not voting were Senators: Clay Dawkins Egan Harris Henson Langford Marable Newbill Perdue Ramsey Shumake Starr Timmons Tysinger 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. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 727. By Representatives Cheeks of the 89th, Murphy of the 18th, Watson of the 114th and others: A bill to amend Article 19 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to textbooks, so as to provide that all textbooks purchased with state funds shall remain the property of each local unit of administration to establish policies for the proper care and protection of its textbooks and provide sanctions against a pupil who fails or refuses to pay for a lost or damaged text book as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Senator Pollard of the 24th moved that the Senate recede from the Senate amendment to HB 727. 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 of 46th Brown of 26th Burton Coleman Collins Dawkins 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 Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Walker of 43rd FRIDAY, MARCH 6, 1992 1657 Those not voting were Senators: Clay Edge Garner Shumake Timmons Tysinger Walker of 22nd White On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate receded from the Senate amendment to HB 727. Senator Thompson of the 33rd moved that Senator Clay of the 37th be excused from the Senate today in order to attend a funeral. On the motion, the yeas were 31, nays 0; the motion prevailed, and Senator Clay of the 37th was excused from the Senate today. The following general bills of the Senate, favorably reported by the committees were read the third time and put upon their passage: SB 719. By Senators Moye of the 34th, Dean of the 31st and Ray of the 19th: A bill to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerk of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct. The Senate Committee on Governmental Operations offered the following substitute to SB 719: A BILL To be entitled an Act to amend Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, so as to require notaries public to execute and file bonds for the faithful performance of their duties; to provide for the amount of the bond and the time of execution and filing; to provide for filing of bonds with the clerks of superior courts; to provide for actions on bonds in cases where a notary has committed misconduct; to provide for the applicability of other laws relating to bonds of public officials; to provide an exception; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 17 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions applicable to notaries public, is amended by adding between Code Section 45-17-2.3 and 45-17-3 a new Code Section 45-17-2.4 to read as follows: "45-17-2.4. (a) Except as otherwise provided in subsection (b) of this Code section, no notarial commission becomes effective until, within 30 days after its issuance, the applicant takes the oath of office provided for in Code Section 45-17-3 and executes bond in the amount of $10,000.00 for the faithful performance of his or her duties. Such bonds shall be filed with the clerk of the superior court in the county where the application is made. Such bond shall be signed by a surety or guaranty company authorized to do business in this state. One who is aggrieved by the official misconduct of a notary public may sue on the notary public's bond. Except as otherwise provided in this subsection, such bonds shall be subject to all the provisions of Chapter 4 of this title in the same manner as bonds of other county officials; provided, however, that the approval, filing, recording, and certification of bonds by the judge of the probate court shall not apply to bonds of notaries public. 1658 JOURNAL OF THE SENATE (b) Notwithstanding any provision of the law to the contrary, no notary who is a public official, public employee, or licensed attorney at law who uses his or her commission solely in the performance of his or her official duties shall be required to post a bond of any kind." Section 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 30, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th BCoulretomnan Hammill Harris Hasty Henson Hill Hooks Huggins JKoihdndson Dawkins Dean Echols Egan English Foster Garner Gillis Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr S0 t, em b, erg _a * ^aylor Ihompson Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Collins. Those not voting were Senators: Clay (excused) Deal Edge Shumake Timmons On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 687. By Senators Taylor of the 12th, Edge of the 28th, Walker of the 22nd and others: A bill to amend Part 1 of Article 6 of Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to medical attention provided under workers' com pensation, so as to revise provisions relative to the annual list of charges for med ical services published by the board; to provide for an annual list of charges for rehabilitation services. The Senate Committee on Insurance and Labor offered the following amendment: Amend SB 687 by striking on line 5 of page 1 the word "board" and inserting in lieu thereof the following: "State Board of Workers' Compensation". FRIDAY, MARCH 6, 1992 1659 By adding on line 7 of page 1 after the word and symbol "services;" and before the word "to" the following: "to provide for an annual list of charges for hospital services; to provide for an annual list of allowable fees for physicians services; to provide for the discretion of the board in determining allowable fees for physicians services;". By striking lines 16 through 23 of page 2 in their entirety and inserting in lieu thereof the following: " '(b) Annually the board shall publish a list by geographical location of usual, custom ary, and reasonable charges for all medical hospital services provided under subsection (a) of this Code section. The board may consult with medical hospital specialists in preparing said list. Fees within this list shall be presumed reasonable. In addition, the board shall annually publish a list by geographical location of allowable fees for physician services pro vided under subsection (a) of this Code section. The board shall consult with medical spe cialists in preparing said list but shall have the sole discretion to determine allowable fees. No physician or hospital". 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 Alien Baldwin BishP Bwen , , RBBrruorwtonn off t26^ 6th Collins Dawkins Dean Echols Edge Egan Foster Hammill Harris Hasty Henson HH,,iol1ok, s HuSSins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th DRRoafgb.ainnsoonf 32nd Tate Taylor Thompson Timmons Turner Walker of 43rd Those not voting were Senators: Clay (excused) Coleman EDnegallish Garner Gillis Kidd Ramsey DRay Scott Shumake Starr Steinberg T,,y81.1*6' Walker of 22nd White 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 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 1660 JOURNAL OF THE SENATE Bishop Bowen Broun of 46th Brown of 26th Burton Coleman awklns Dg e,ani ggan Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford ,M, arab,,le Newbill Perdue Perrv Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate _Tayl, or Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Clay (excused) Collins Deal English Gillis Kidd Moye Ray Shumake Walker of 22nd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Taylor of the 12th moved that SB 687 be immediately transmitted to the House. On the motion, the yeas were 29, nays 0; the motion prevailed, and SB 687 was immedi ately transmitted to the House. The following bill of the Senate, having been read the third time on March 2, 1992, and lost, and reconsidered on March 3, 1992, and placed on the Senate Rules Calendar for today, was put upon its passage: SB 728. By Senator Henson of the 55th: A bill to amend Article 2 of Chapter 3 of Title 3 of the Official Code of Georgia Annotated, relating to prohibited acts in connection with the sale of alcoholic beverages, so as to authorize the sale of alcoholic beverages on Sunday at festi vals held in municipalities in which the sale of alcoholic beverages is lawful; to define the term "festival"; to require compliance with certain other state and local requirements. Senator Thompson of the 33rd offered the following amendment: Amend SB 728 by adding on line 8 of page 1 after the word "requirement," the follow ing: "to provide that it shall be unlawful for certain persons employed on premises dispens ing alcohol to consume any alcoholic beverage on such premises;" By adding between lines 19 and 20 of page 3 the following: "It shall be unlawful for any person employed or working in any capacity in any licensed premises who is employed on an hourly basis or whose compensation is comprised in whole or in part of gratuities given by patrons of such licensed premises to consume any alcoholic beverage on such licensed prem ises during such person's hours of employment". FRIDAY, MARCH 6, 1992 1661 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 Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Ragan of 10th Ramsey Ray Robinson Scott Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Pollard and Starr. Those not voting were Senators: Clay (excused) Dawkins Kidd Langford Phillips Ragan of 32nd Shumake Steinberg Timmons On the adoption of the amendment, the yeas were 45, nays 2, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun of 46th BCroolewmnaonf 26th Echols Edge Egan English Garner Hammill Henson Hill Hook8 JToh, n8on Kidd Mye Newbill Perry Ray Robinson Scott Steinberg Tate ,,T,hompson Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Baldwin Burton DCoalwliknisns Deal Dean Foster Gillis HHaasrrtiys Huggins Marable Perdue Pollard R,, amsey Starr White 1662 JOURNAL OF THE SENATE Those not voting were Senators: Clay (excused) Langford Phillips Ragan of 10th Ragan of 32nd Shumake Taylor Timmons On the passage of the bill, the yeas were 31, nays 17. The bill, having received the requisite constitutional majority, was passed as amended. Senator Kidd of the 25th gave notice that, at the proper time, he would move that the Senate reconsider its action in passing SB 728. The President stated that, since SB 728 was reconsidered on March 3, 1992, the notice given by Senator Kidd of the 25th was out of order. Senator Thompson of the 33rd moved that SB 728 be immediately transmitted to the House. On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 728 was immedi ately transmitted to the House. The following resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 412. By Senators Dean of the 31st and Broun of the 46th: A resolution creating the Senate Music Industry Committee, an interim study committee, and a citizens' advisory council thereto. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Cr*> oileman CDoalwliknisns Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks THTuggi ns JKoihdndson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey jjay Robinson c ,, ,,QCOlt ^Steamrrb, erg Tate Thompson Turner Tysinger Walker of 22nd White FRIDAY, MARCH 6, 1992 1663 Those not voting were Senators: Clay (excused) Garner Shumake Taylor Timmons Walker of 43rd On the adoption of the resolution, the yeas were 50, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general resolution and bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SR 510. By Senator Harris of the 27th: A resolution creating the Study Committee on Professional, Occupational, and Business Licensing and Taxation. Senator Harris of the 27th offered the following amendment: Amend SR 510 by deleting on page 2, line 21, "and" and adding on line 22 "and Speaker" after "Lieutenant Governor". 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, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hill Hooks Huggins Johnson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Clay (excused) Dawkins Hammill Henson Kidd Shumake Tate Walker of 43rd On the adoption of the resolution, the yeas were 48, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. 1664 JOURNAL OF THE SENATE SB 769. By Senators Foster of the 50th, Scott of the 36th, Tate of the 38th and others: A bill to amend Part 9 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to grants for educational programs, so as to change certain definitions; to amend the authority of the State Board of Education; to provide prerequisites for attaining demonstration program status; to provide for advisory committees. The Senate Committee on Education offered the following amendment: Amend SB 769 by inserting on line 16 of page 3 following the word "systems", the words "or regional educational service agencies". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th rU...o^ll,irns" Dean Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hookg JHTouh, ^nsionns MMoavraeble Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott soSt,taerm rbi erg Tate Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Burton Clay (excused) Dawkins Edge Kidd Langford Shumake Thompson Walker of 43rd On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. SB 777. By Senator Foster of the 50th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary, secondary, and adult education, so as to change certain provisions relating to the certification of teachers and certain other professionals; to change certain references to the State Board of Education and the State School Superintendent to refer to the Professional Standards Commission; to FRIDAY, MARCH 6, 1992 1665 change certain provisions relating to service on the Professional Standards Commission. The Senate Committee on Education offered the following amendment: Amend SB 777 by inserting on line 12 of page 2, following the word "compentence", the following: "through the use of objective criteria". By inserting on line 6 of page 6, the following the word "shall", the following: ", upon approval by the chairman," On the adoption of the amendment offered by the Senate Committee on Education, the yeas were 41, nays 0, and the amendment was adopted. Senator Foster of the 50th offered the following amendment: Amend SB 777 by inserting on page 7 line 7 after the word "commission" the following: "; provided, however, such compensation shall not exceed the annual compensation of the State Superintendent of Schools". On the adoption of the amendment offered by Senator Foster of the 50th, the yeas were 34, nays 0, and the amendment was adopted. Senator Gillis of the 20th assumed the Chair at the direction of the President. Senator Burton of the 5th offered the following amendment: On page 2, line 12, after the word "satisfactorily", delete the words: "demonstrated competence or"; On page 2, line 25, following the word "plan." add the following: "Teachers, principals and guidance counselors who have satisfactorily completed courses in other states at least comparable with the requirements of this Code Section may be approved by the Profes sional Standards Commission." and By inserting on line 6 of page 6, following the word "shall", the following: "upon ap proval by the Chairman,". On the adoption of the amendment offered by Senator Burton of the 5th, the yeas were 32. nays 0, and the amendment was adopted. Senator Burton of the 5th offered the following amendment: Amend SB 777 by deleting the words "competence or" on page 2, line 14, and line 3 on page 3. On the adoption of the amendment offered by Senator Burton of the 5th, the yeas were 33. nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: 1666 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Hammill Harris Hasty Henson Hill Huggins Kidd Marable Moye Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Clay (excused) Deal Garner Gillis (presiding) Hooks Johnson Langford Pollard Shumake On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1388. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Chapter 10 of Title 44 of the Official Code of Georgia Annotated, relating to historic preservation, so as to repeal the "Facade and Conservation Easements Act of 1976"; to enact the "Georgia Uniform Conservation Easement Act". Senate Sponsor: Senator Robinson of the 16th. Senators Dawkins of the 45th, Robinson of the 16th and Taylor of the 12th offered the following amendment: Amend HB 1388 by striking the period on line 32 of page 5 and inserting the following: ", except that a conservation easement may not be created, altered, or affected by condemnation." On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: FRIDAY, MARCH 6, 1992 1667 Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Dean Echols Egan English Foster Hammill Harris Hasty Hill Huggins Kidd Langford Marable Move Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate ,,, , ^aylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Albert Clay (excused) Deal Edge Garner Gillis (presiding) Henson Hooks Johnson Phillips Shumake Walker of 22nd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following bill of the Senate was taken up for the purpose of considering the House amendment thereto: SB 560. By Senator Pollard of the 24th: A bill to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to correct a typographical error relative to the payment of contributions when an employing unit sells or transfers business or stock of goods; to correct a statutory reference; to delete a reference to an obsolete statute; to provide an effective date. The House amendment was as follows: Amend SB 560 by adding on line 6 of page 1 after the word and symbol "statute;" and before the word "to" the following: "to provide requirements for entitlement to extended unemployment compensation benefits;" By renumbering Section 5 and Section 6 on page 4 as Section 6 and 7, respectively, and adding a new Section 5 to read as follows: "Section 5. Said chapter is further amended by striking subsection (b) of Code Section 34-8-197, relating to eligibility requirements for extended benefits, in its entirety and in serting in its place a new subsection (b) to read as follows: '(b) Applicability of provisions as to regular benefits to claims for and payment of ex tended benefits. Except when the result would be inconsistent with the other provisions of this Code section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. To establish entitlement to extended benefits, an individual must have been paid in at least two quarters of the base period and total 1668 JOURNAL OF THE SENATE wages in the base period must equal or exceed 150 percent of the highest quarter base pe riod wages. The alternative computation for entitlement as required by Code Section 34-8193 shall not apply to extended benefits.' " Senator Pollard of the 24th moved that the Senate agree to the House amendment to SB 560. 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 of 46th Brown of 26th Burton CCoollleimnsan Dawkins Dean Echols Egan English Foster Harris Hasty Henson Hill Huggins Kidd Marable MPeorydeue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate rp i T_,hompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Clay (excused) Deal Edge Garner Gillis (presiding) Hammill Hooks Johnson Langford Newbill Shumake On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House amendment to SB 560. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1136. By Representatives Chafin of the 72nd, Lee of the 72nd, Benefield of the 72nd and others: A bill to amend Code Section 17-7-70 of the Official Code of Georgia Annotated, relating to trial upon accusations in felony cases where the defendant has waived indictment by the grand jury, so as to provide for trial upon accusations in cer tain felony cases without the necessity of waiving indictment by grand jury. Senate Sponsor: Senator Baldwin of the 29th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Broun of 46th Brown of 26th Burton FRIDAY, MARCH 6, 1992 1669 Coleman Collins Dawkins Dean Echols Egan English Foster Hammill Harris Hasty Henson Hill Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Alien Bowen Clay (excused) Deal Edge Garner Gillis (presiding) Hooks Huggins Johnson Langford Scott Shumake Walker of 22nd On the passage of the bill, the yeas were 42, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1570. By Representatives Parham of the 105th and Watts of the 41st: A bill to amend Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules of the road, so as to provide an exception to the require ment that vehicles transporting etiologic agents be distinctively marked. 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 Broun of 46th Brown of 26th Burton CCoollleimnsan Dawkins Echols Egan Foster Hammill Harris Hasty Hill Kidd Marable Moye Newbill PPeerrdryue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate T, ,Tl*hoylmorpson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Deal Clay (excused) Dean Edge English 1670 JOURNAL OF THE SENATE Garner Gillis (presiding) Henson Hooks Huggins Johnson Langford Shumake 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 1284. By Representatives Pettit of the 19th and Watson of the 114th: A bill to amend Part 1 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to units designed to be affixed to foundations or ex isting buildings, so as to repeal a definition; to authorize civil actions against dealers of industrialized buildings. 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 Bishop Broun of 46th Brown of 26th Burton CCoollleimnsan Dawkins Dean Echols Egan English Foster Hammill Harris Hasty Henson Hill Kidd MNeawrabbillle Perdue Perry Phillips Pollard Ragan of 10th Ray Robinson Scott Starr Steinberg Tate rp , ,Ti*hyolmorpson Timmons Tuinei Tysinger Walker of 43rd White Those not voting were Senators: Bowen Clay (excused) Deal Edge Garner Gillis (presiding) Hooks Huggins Johnson Langford Moye Ragan of 32nd Ramsey Shumake 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 1308. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of FRIDAY, MARCH 6, 1992 1671 Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment. Senate Sponsors: Senators Hasty of the 51st and Baldwin of the 29th. Senator Baldwin of the 29th offered the following substitute to HB 1308: A BILL To be entitled an Act to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that standards relative to liquefied petroleum gas shall be governed by Article 10 of Chapter 1 of Title 10; to provide for statutory construction; to provide for reenactment; 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 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumb ing, and electrical codes, is amended by adding a new subsection (e) to read as follows: "(e) Standards relative to liquefied petroleum gas shall be governed by Article 10 of Chapter 1 of Title 10 and no provision of this part shall be construed to permit the adoption of standards, rules, or regulations relative to liquefied petroleum gas by the Department of Community Affairs or the adoption by local governments of regulations or ordinances rela tive to liquefied petroleum gas in conflict with Article 10 of Chapter 1 of Title 10." Section 2. Article 10 of Chapter 1 of Title 10 as contained in the Official Code of Geor gia Annotated published under authority of the state by the Michie Company in 1982 and contained in Volume 8 of such publication as amended by the text and numbering of Code Sections as contained in the 1991 supplements to the Official Code of Georgia Annotated published under authority of the state in 1991 by the Michie Company is reenacted and shall have the effect of a statute enacted by the General Assembly of Georgia. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 33, nays 0, and the substitute was adopted. Senator Gillis of the 20th, who was presiding at the direction of the President, an nounced that, pursuant to Senate Rule 143, consideration of HB 1308 would be suspended and placed on the Senate General Calendar. HB 1395. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Code Section 48-2-32 of the Official Code of Georgia Annotated, relating to forms of payment of taxes and license fees to the state revenue com missioner, so as to provide for the payment of certain taxes by electronic funds transfer. Senate Sponsors: Senators Dawkins of the 45th and Baldwin of the 29th. 1672 JOURNAL OF THE SENATE The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Dover, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 12, 1992 SUBJECT: Fiscal Note--House Bill 1395 (LC 18 4662 EC) Implement an Electronic Funds Transfer System This bill would implement an electronic funds transfer (EFT) state tax collection pro gram. Any person or business owing more than $10,000 in connection with any tax return would be required to make payment of these tax dollars by transferring immediately availa ble funds via electronic communication to the state on or before the date payment is required. This bill would result in a more timely collection of tax dollars and would generate between $1.1 and $2.2 million in additional interest income annually. This estimate is based on the experience of 21 states that have implemented similar EFT programs and realized a two to four day increase in fund availability and assumes a prevailing interest rate of four percent. In addition, anticipated administrative costs associated with EFT transactions for the estimated 11,000 taxpayers effected by this bill would be approximately $330,000 during the first year and $300,000 the following year. Is/ G. W. Hogan State Auditor Is/ Henry M. Huckaby Director, Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Hammill Harris Hasty Henson Hill Huggins Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 43rd White FRIDAY, MARCH 6, 1992 1673 Those not voting were Senators: Baldwin Bowen Clay (excused) Deal Garner Gillis (presiding) Hooks Johnson Shumake Starr Walker of 22nd On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. The President resumed the Chair. The following resolution of the House was read and put upon its adoption: HR 1018. By Representatives Murphy of the 18th, Walker of the 115th, Lee of the 72nd and others: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Friday, March 6, 1992, and to reconvene on Wednesday, March 11, 1992; 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 39, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1263. By Representatives Jackson of the 9th, Barnett of the 10th, Lawson of the 9th and others: A bill to amend Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation, so as to provide for the return for taxation of boats in the county in which such boat is located. Senate Sponsor: Senator Deal of the 49th. The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Dover, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 13, 1992 SUBJECT: Fiscal Note--House Bill 1263 (LC 18 4544) Ad Valorem Taxation on Boats This bill would change the ad valorem tax basis for boats from the county of residence to the county where the boat was located. The bill would also require tax registration decals to be issued annually (by the tax commissioner of the appropriate county) and affixed to the boat as proof of payment. Law enforcement officers who enforce the Georgia Boat Safety 1674 JOURNAL OF THE SENATE Act would also be authorized to enforce these provisions and anyone found guilty of operat ing a boat without a decal would be guilty of a misdemeanor. There would be no taxpayer fee for the decal except for a $2.00 replacement fee. The change in the ad valorem tax basis (to the county where the boat is located) would have no fiscal impact on state revenues since the state would collect Vt mill regardless of where the ad valorem tax would be assessed. However, the bill would have a fiscal impact on local jurisdictions and would be dependent on individual boat locations; coastal counties and those counties with recreational lake facilities would most likely realize a more signifi cant increase in tax revenues. (It should be noted that overall tax collections could be in creased due to enforcement activity; however, the amount of the increase cannot be determined.) The cost of printing tax registration decals would be approximately $73,000 annually based on the Department of Natural Resources' boat registration costs and 280,000 regis tered boats. Additional cost would be incurred at the county level for completing and issu ing the decals. /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 1263: A BILL To be entitled an Act to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, so as to change the taxable situs of certain tangible personal property which is located for recreational or convenience purposes in a county other than the county where the owner maintains a permanent legal residence; to provide for definitions; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding ad valorem taxation of property, is amended by ad ding a new subsection immediately following subsection (c) of Code Section 48-5-16, relating to the tax situs of certain tangible personal property, to be designated subsection (d), to read as follows: "(d) (1) As used in this subsection, the term: (A) 'Boat' means every description of watercraft used or capable of being used as a means of transportation on the water. (B) 'Functionally located' means located in a county in this state for 184 days or more during the immediately preceding calendar year. The 184 days or more requirement of this subsection shall mean the cumulative total number of days during such calendar year, which days may, but shall not be required to be, consecutive. (2) Any person who owns tangible personal property in the form of a boat which is functionally located for recreational or convenience purposes in a county in this state other than the county in which such person maintains a permanent legal residence shall return such property for taxation to the tax commissioner or tax receiver of the county in which such property is functionally located. Tangible personal property of a person which does not meet the 184 days or more requirement provided for in this subsection shall be returned for taxation in the manner provided for in Code Section 48-5-11." Section 2. This Act shall become effective on January 1, 1993, and shall be applicable to all taxable years beginning on or after that date. Section 2. All laws and parts of laws in conflict with this Act are repealed. FRIDAY, MARCH 6, 1992 1675 The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Dover, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 14, 1992 SUBJECT: Fiscal Note--House Bill 1263 (Substitute) (LC 18 4801S) Ad Valorem Taxation on Boats This bill would change the ad valorem tax basis for boats from the county of residence to the county where the boat was "functionally located." As defined in the bill, "functionally located" would mean the county where a boat was located for recreational or convenience purposes for at least 184 cumulative (but not necessarily consecutive) days during the previ ous calendar year. Any boat which did not meet the 184 day or more requirement would be assessed an ad valorem tax based on the county of residence. The change in the ad valorem tax basis (to the county where the boat is functionally located) would have no fiscal impact on state revenues since the state would collect 1A mill regardless of where the ad valorem tax would be assessed. However, the bill would have a fiscal impact on local jurisdictions and would be dependent on individual boat locations; coastal counties and those counties with recreational lake facilities would most likely realize a more significant increase in tax revenues. /s/ G. W. Hogan State Auditor /s/ Henry M. Huckaby Director, Office of Planning and Budget 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 Broun of 46th Brown of 26th DT-Jawikm. s Echois Edge Egan Foster Gillis Harris Hasty Henson Hill Huggins Johnson Kidd LAM,aanrgafb,o.lred Move Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott SS_,tteamr. rb, erg Taylor Thompson Timmons Turner Tysinger White 1676 JOURNAL OF THE SENATE Those not voting were Senators: Bishop Bowen CCloalyem(eaxncused Dean English Garner Hammill Hooks Shumake Tate Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 43, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1644. By Representative Jones of the 71st: A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given. Senate Sponsor: Senator Edge of the 28th. Senator Edge of the 28th moved that HB 1644 be postponed until Thursday, March 12. On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 1644 was post poned until Thursday, March 12. Senator Henson of the 55th introduced the doctor of the day, Dr. J. Tom Cooper, of Marietta, Georgia. The following general bill of the House, having been read the third time on January 13, 1992, and committed to the Senate Committee on Judiciary, favorably reported by the com mittee, and placed on the Senate Rules Calendar for today, was put upon its passage: HB 240. By Representatives Snow of the 1st, Groover of the 99th, Mobley of the 64th and others: A bill to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecution, so as to provide that certain periods shall be excluded in determining the period within which a prosecution for certain offenses must be commenced. Senate Sponsors: Senators Baldwin of the 29th and Moye of the 34th. Senator Deal of the 49th offered the following amendment: Amend HB 240 by striking on line 13, page 2, the date "1991" and inserting in lieu thereof the date "1992". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: FRIDAY, MARCH 6, 1992 1677 Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Burton Coleman CDoalwliknisns Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson JHouhgngsionns Kidd Marable Moye Newbill Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr QStem. b, erg Tat* Taylor Thompson Turner Tysinger White Those not voting were Senators: Bishop Brown of 26th Clay (excused) Hill Hooks Langford Perdue Pollard Shumake Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1741. By Representatives Adams of the 79th, Buckner of the 72nd and Williams of the 48th: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the rate of certain state excise taxes upon the first sale, use, or final delivery within this state of alcohol, distilled spirits, table wines, and dessert wines. The following bill of the House was read the first time and referred to committee: HB 1741. By Representatives Adams of the 79th, Buckner of the 72nd and Williams of the 48th: A bill to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change the rate of certain state excise taxes upon the first sale, use, or final delivery within this state of alcohol, distilled spirits, table wines, and dessert wines. Referred to Committee on Finance and Public Utilities. 1678 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 1234. By Representatives Thomas of the 69th, Chambless of the 133rd and Pettit of the 19th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to correct typographical, stylistic, and other errors and omissions in Title 47 of the Official Code of Georgia Annotated, and in Acts of the General Assembly amending Title 47 of the Official Code of Georgia Annotated. Senate Sponsor: Senator Pollard of the 24th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Charles Thomas State Representative FROM: G. W. Hogan, State Auditor DATE: January 14, 1992 SUBJECT: House Bill 1234 (LC 9 6635) Title 47 Retirement and Pensions This bill corrects typographical, grammatical, and stylistic errors in Title 47 of the Offi cial Code of Georgia Annotated. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retire ment Systems Standards Law. /s/ G. W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Brown of 26th English Foster Gillis Hammill Harris Hasty B Col^em1a1 n CDoalwliknisns HHu'1g1 gm. s JKoihdndson Deal Dean Echols Edge Egan Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson SQ cott *Stteamrrb, erg Tate Taylor Turner Tysinger White FRIDAY, MARCH 6, 1992 1679 Those not voting were Senators: Bishop Clay (excused) Garner Henson Hooks Langford Moye Shumake Thompson Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 44, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. HB 394. By Representatives Oliver of the 121st, Floyd of the 135th, Baker of the 51st and others: A bill to amend Code Section 47-2-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Employees' Retirement Sys tem of Georgia, so as to provide that when a spouse who is a designated benefi ciary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse. Senate Sponsor: Senator Hill of the 4th. The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 STATE AUDITOR'S CERTIFICATION TO: The Honorable Bill Cummings State Representative FROM: G. W. Hogan, State Auditor DATE: July 12, 1991 SUBJECT: House Bill 394 (Substitute) (LC 21 1243S) Employees' Retirement System This bill relates to optional retirement allowances under the Employees' Retirement System and provides that when a spouse who is a designated beneficiary predeceases a re tired member and the retired member remarries, the option applicable to the former spouse may be actuarially reestablished on behalf of the new spouse based on an actuarially re duced retirement benefit. This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. /s/ G. W. Hogan State Auditor 1680 JOURNAL OF THE SENATE The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary--House Bill 394 (LC 21 1243S) Employees' Retirement System This bill relates to optional retirement allowances under the Employees' Retirement System and provides that when a spouse who is a designated beneficiary predeceases a re tired member and the retired member remarries, the option applicable to the former spouse may be actuarially reestablished on behalf of the new spouse based on an actuarially re duced retirement benefit. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 748,073 (2) The amount of annual normal cost which will result from the bill. $ 0 (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14% (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 51,996 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment Is/ G. W. Hogan State Auditor September 27, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 394 (LC 21 1243S) As requested, we have made an actuarial investigation of the impact of House Bill 394 FRIDAY, MARCH 6, 1992 1681 (LC 21 1243S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide that when a spouse who is a designated beneficiary predeceases a retired member and the retired member remarries, the option applicable to the former spouse may be reestablished on behalf of the new spouse. Based on the assumption that 10% of such members who are currently retired under option will remarry if they are predeceased by their spouse, the additional unfunded liabil ity is $748,073. The additional annual contribution based on 20-year amortization of this liability is $51,996. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Before Amendment $ 1,053,440 After Amendment $ 1,054,188 Increase $ 748 Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal 4.97% $ 79,520 4.97% $ 79,520 0% Accrued Liability 5.67 90,720 5.67 90,772 0 Cost-of-Living 1.75 28,000 1.75 28,000 0 $0 52 0 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,292 0% 4.75 76,000 4.75 76,000 0 $ 52 0 Total 17.14% $ 274,240 17.14% $ 274,292 0% $ 52 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the Employees' Retire ment System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Don Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dean Echols Edge English Foster Gillis Hammill Harris Hasty Hill Huggins Johnson Kidd Marable Moye Perdue Perry Phillips Pollard Ragan of 10th 1682 JOURNAL OF THE SENATE Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Turner Tysinger White Those voting in the negative were Senators: Egan Newbill Ragan of 32nd Those not voting were Senators: Clay (excused) Dawkins (presiding) Deal Garner Henson Hooks Langford Shumake Thompson Timmons Walker of 22nd Walker of 43rd On the passage of the bill, the yeas were 41, nays 3. The bill, having received the requisite constitutional majority, was passed. HB 900. By Representatives Lee of the 72nd and Cummings of the 17th: A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provi sions relating to ineligibility for appointment as a senior judge or district attor ney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits. Senate Sponsor: Senator Starr of the 44th. Senator Starr of the 44th moved that HB 900 be postponed until Wednesday, March 11. On the motion, the yeas were 32, nays 0; the motion prevailed, and HB 900 was post poned until Wednesday, March 11. 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 30334-1505 March 6, 1992 The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Sir: I am transmitting to you herewith a certified list of those persons who have registered on the Docket of Legislative Appearances for the 1992 Session of the General Assembly for FRIDAY, MARCH 6, 1992 1683 the week ending March 6, 1992. It contains the Docket Numbers 1570 through 1587. We have voided 1 entry, leaving a total 17 registered this week. We have 1219 total registered. Most Sincerely, /s/ Max Cleland Secretary of State STATE OF GEORGIA Office of Secretary of State I, Max Cleland,Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearances as of March 6, 1992, in accordance with Georgia Law 1970, pp. 695; as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 6th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (SEAL) /s/ Max Cleland SECRETARY OF STATE. Cobb N.W.A.C.P. Perry Price 452 Henry Drive#5 Marietta, Georgia 30062 (404) 590-1588 Criminal Justice Coordinating Council James Terry Norris 10 Park Place South Suite 200 Atlanta, Georgia 30303 (404) 656-1721 Sid Miles 10 Park Place Suite 200 Atlanta, Georgia 30303 (404) 656-1721 Department of Natural Resources, Georgia Stuart A. Stevens One Conservation Way Brunswick, Georgia 31523 (404) 365-7218 Ga. Association of Chief of Police Robert Conley 7930 North McDonough Blvd. Jonesboro, Georgia 30236 (404) 477-3600 Ga. Association of Teacher Educators Betty Sloop 3242 Betty Circle Decatur, Georgia 30032 (404) 289-3993 Ga. Residential Childcare Association Normer Adams P.O. Box 490539 Atlanta, Georgia 30349 (440) 768-3851 Georgia Association of Broadcasters, Inc. John Furman 3832 Vineyard Trace Marietta, Georgia 30062 (404) 973-8738 Georgia Dept. of Natural Resources Duane Harris One Conservation Way Brunswick, Georgia 31523-8600 (912) 264-7218 Georgia Supporters for the Gifted Betty Sloop 3242 Betty Circle Decatur, Georgia 30032 (404) 289-3993 Georgians Against Gun Violence David Weaver 125 I Street, N.W. Suite 1100 Washington, District of Columbia 20005 (202) 898-0792 Golden Rule Insurance Company Michael Zanin 7440 Woodland Drive Indianapolis, Indiana 46278 (317) 297-4123 1684 JOURNAL OF THE SENATE Greater Atlanta Developers Council Haydon Stanley 1339 Montreal Road Tucker, Georgia 30345 (404) 938-9900 National Organization--Reform Marijuana Laws Bruce Kay 857 Collier Road Howell Mill Village II Atlanta, Georgia 30318 (404) 351-3211 Greater Atlanta Home Builders Association Haydon Stanley 1399 Montreal Road Tucker, Georgia 30345 (404) 938-9900 Police Department/Clayton County Robert Conley 7930 North McDonough Blvd. Jonesboro, Georgia 30236 (404) 477-3600 Handgun Control, Inc. David Weaver 1225 I Street, N.W. Suite 1100 Washington, District of Columbia 20005 (202) 898-0792 Professional Association of Ga. Educators Betty Sloop 3242 Betty Circle Decatur, Georgia 30032 (404) 289-3993 Muslim American Political Action Carlton A. El-Amin 1881 Delphine Drive Decatur, Georgia 30032 (404) 377-2817 Southeast Paper Manufacturing Company George B. Elder 2000 Powers Ferry Road Suite 600 Marietta, Georgia 30067 (404) 951-7950 Wayne Abdul Rahman 1 Shell Bark Rd. Decatur, Georgia 30035 (404) 808-6986 Southeast Recycling Corporation George B. Elder 2000 Powers Ferry Road Suite 600 Marietta, Georgia 30067 (404) 951-7950 National Association of Broadcasters John Furman 3832 Vineyard Trace Marietta, Georgia 30062 (404) 973-8738 Thomas & Associates, Inc. Michele Martin 3000 Langford Road Bldg. 2400 Norcross, Georgia 30071 (404) 447-4611 Senator Garner of the 30th moved that the Senate stand in recess until 5:00 o'clock P.M., and at that time, pursuant to HR 1018 adopted previously, stand adjourned until 10:00 o'clock A.M. on Wednesday, March 11, and the motion prevailed. At 12:30 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was pre siding, announced that the Senate would stand in recess until 5:00 o'clock P.M., and at that time stand adjourned until 10:00 o'clock A.M. on Wednesday, March 11. WEDNESDAY, MARCH 11, 1992 1685 Senate Chamber, Atlanta, Georgia Wednesday, March 11, 1992 Thirty-first Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Hugging of the 53rd reported that the Journal of the proceedings of Friday, March 6, had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1673. By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th, Valenti of the 52nd, Oliver of the 53rd and others: A bill to amend an Act establishing in DeKalb County districts from which mem bers of the county board of education shall be elected, so as to provide for new reapportioned districts. HB 1729. By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta in the County of Fulton and creat ing a new charter for said city, so as to divide the City of Alpharetta into six election districts. HB 1803. By Representative Carrell of the 65th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to provide new commissioner districts. HB 1832. By Representative Stancil of the 66th: A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the composition of the commissioner districts from which mem bers of the Board of Commissioners of Morgan County are elected. HB 1833. By Representative Stancil of the 66th: A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of education are elected. HB 1858. By Representative Skipper of the 116th: A bill to repeal an Act providing for the compensation of the chairman and mem bers of the board of commissioners of each county of this state having a popula tion of not less than 26,290 and not more than 27,280. 1686 JOURNAL OF THE SENATE HB 1970. By Representative Carrell of the 65th: A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to provide new election districts. HB 1980. By Representatives Fennel of the 155th and Smith of the 156th: A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein men tioned," so as to provide for the election and terms of the members of the Board of Education of Glynn County. HB 1990. By Representative Parrish of the 109th: A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide that the chairman of the Board of Commissioners shall be the chief executive and administrative officer of Candler County. HB 457. By Representatives Dover of the llth, Balkcom of the 140th, Lee of the 72nd, Twiggs of the 4th and Bargeron of the 108th: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks and historic areas, so as to provide that the state does not claim title to human remains and burial objects discovered on state properties or de fined as submerged cultural resources; to authorize the Department of Natural Resources to establish and maintain a cemetery for the purpose of reinterring certain human remains and burial objects. HB 1668. By Representatives Skipper of the 116th, Moulrie of the 93rd and Meadows of the 91st: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete certain provisions requiring a permit to trap and sell live fox; to provide certain conditions for holding live fox; to permit live fox to be held during trapping season. HB 1540. 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 or a commission merchant who sells leased livestock for the lessee 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 notice of the owner's or lessor's ownership interest by written notice. HB 1462. By Representatives Brush of the 83rd, Parham of the 105th, Barnett of the 10th, Harris of the 84th and Williams of the 90th: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for suspension of a driver's license for the fraudulent or false application for such license. HB 1708. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the authorization by counties or municipalities of the issuance of li censes for the sale of distilled spirits by the drink, so as to change a certain provision relating to the issuance of such licenses in counties having a certain population. WEDNESDAY, MARCH 11, 1992 1687 HB 1097. By Representative Murphy of the 18th: A bill to amend Article 8 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to multiple-party accounts in financial institutions, so as to provide the exclusive conditions under which financial institutions and attorneys may establish trust accounts; to provide for interest-bearing and noninterestbearing accounts. HB 1753. By Representatives Cummings of the 17th, Walker of the 113th, Skipper of the 116th and McBee of the 68th: A bill to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement Sys tem of Georgia, so as to provide that a retired member who elected one of several spousal options and whose spouse predeceases such member may revoke such election and elect a new option providing for a retirement allowance computed to be the actuarial equivalent of such allowance immediately prior to the date of such election. HB 1322. By Representative Balkcom of the 140th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the disposal of certain seized wildlife; to change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife. HB 1534. By Representative Lord of the 107th: 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 death certificates. HB 1721. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a seven-year holding period, restitution funds may be claimed by the respective county holding such funds. HB 1687. By Representatives Stancil of the 66th, Teper of the 46th, Walker of the 113th, Jenkins of the 80th and Howard of the 85th: A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to require the collection of court costs and service fees. HB 1739. By Representatives Dover of the llth, Lee of the 72nd, Kilgore of the 42nd, Coleman of the 118th, Walker of the 115th and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for the nonrecognition of gain with respect to certain sales or exchanges of a per sonal residence. HB 1967. By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th and Buck of the 95th: A bill to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the functions of the Georgia State Financing and Investment Commis sion, so as to require the approval of Georgia State Financing and Investment 1688 JOURNAL OF THE SENATE Commission for certain financial and property agreements and arrangements by the state and its agencies and entities. HB 1933. By Representatives Lucas of the 102nd, Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employ ees, so as to authorize the purchase of reinsurance; to amend Article 3 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to employees operating state motor vehicles, so as to provide for insurance on leased vehicles or vehicles on loan from the federal government. HB 1821. By Representatives Pinkston of the 100th, Watts of the 41st, Groover of the 99th, Bostick of the 138th and Connell of the 87th: A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments of executors and trustees, and Code Section 53-12-232 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, so as to authorize executors and trust ees to invest in the securities of or other interests in certain investment compa nies or investment trust. HB 1549. By Representatives Oliver of the 53rd, Baker of the 51st, Colwell of the 4th, Byrd of the 153rd, Hamilton of the 124th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to repeal a certain defi nition; to change the provisions relating to certain duties of the Council of Juve nile Court Judges. HB 1451. By Representatives Smith of the 156th and Fennel of the 155th: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to change a population feature. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 577. By Senators Clay of the 37th and Thompson of the 33rd: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for the qualifica tions of the commissioners; to change the compensation of the chairman of the board of commissioners; to provide when this Act shall be void and repealed. WEDNESDAY, MARCH 11, 1992 1689 The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 946. By Representatives Barfoot of the 120th, Murphy of the 18th, Godbee of the 110th, Edwards of the 112th, Clark of the 13th and others: A resolution designating the Edward C. Moses Highway. HR 976. By Representative Poag of the 3rd: A resolution designating the Martin Dooley Parkway. HR 978. By Representatives Poag of the 3rd, Mann of the 6th and Griffin of the 6th: A resolution designating the Harry Leon Simpson Parkway. HR 881. By Representatives Orr of the 9th, Floyd of the 135th, Walker of the 115th, Groover of the 99th, Holland of the 136th and others: A resolution creating the Walter F. George Tribute Commission. HR 938. By Representative Lane of the 27th: A resolution to create the Study Committee on Professional Tax Equity. The House has agreed to the Senate amendments to the following bills of the House: HB 1731. By Representative Dobbs of the 74th: A bill to provide that vehicles shall be registered and licensed to operate for the ensuing year and thereafter in Newton County during designated registration pe riods as provided in Code Section 40-2-21 of the Official Code of Georgia Annotated. HB 1392. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Title 27 of the Official Code of Georgia Annotated, the "Game and Fish Code," so as to establish certain new licenses and tags; to increase the fees for certain licenses and stamps; to change the duration of certain licenses; to abolish certain licenses and permits; to amend Code Section 52-7-5, relating to the numbering of vessels using the waters of this state, so as to change the fees for registering boats. The House has agreed to the Senate substitute to the following bill of the House: HB 1444. By Representatives Poston of the 2nd and Poag of the 3rd: A bill to abolish the Catoosa Utility District and board of utilities commissioners for Catoosa County. The House has passed by the requisite constitutional majority the following bill of the House: HB 1793. By Representatives Thomas of the 69th, Godbee of the 110th, Porter of the 119th, Parrish of the 109th, Ricketson of the 82nd and others: A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for approval of any school construction project which is less than base size; to provide that certain funds shall not be denied. 1690 JOURNAL OF THE SENATE The following bills and resolutions of the Senate were introduced, read the first time and referred to committees: SB 841. By Senator Kidd of the 25th: A bill to amend an Act creating a Board of County Commissioners of Hancock County, as amended, so as to change the composition of the board of commis sioners and to provide commissioner districts from which the chairman, vice chairman, and members of the board are elected; to provide for definitions and inclusions; to provide election procedures and for terms of office; to provide for submission of this Act to the United States Attorney General. Referred to Committee on Urban and County Affairs. SB 842. By Senator Kidd of the 25th: A bill to provide for the compensation of the magistrate pro hac vice of the Mag istrate Court of Baldwin County; to provide for method of payment of such compensation. Referred to Committee on Urban and County Affairs. SB 843. By Senator Phillips of the 9th: A bill to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to define certain terms; to provide for the establish ment of a Redistricting Service Bureau; to provide for membership, powers, and duties of such bureau; to provide procedures for the introduction, consideration, and passage and reconsideration of bills relating to legislative and congressional reapportionment. Referred to Committee on Reapportionment. SB 844. By Senator Pollard of the 24th: A bill to amend an Act providing for the election of members of the Board of Education of Columbia County, as amended, so as to change the composition of education districts; to provide for elections; to provide for definitions and inclu sions; to provide for submission of this Act to the United States Attorney Gen eral; to provide for a referendum; to provide when this Act shall be void and stand repealed. Referred to Committee on Urban and County Affairs. SB 845. By Senator Pollard of the 24th: A bill to amend an Act creating a new Board of Commissioners of Columbia County, as amended, so as to change the composition of the districts from which members are elected; to provide for elections; to provide for definitions and in clusions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and stand repealed. Referred to Committee on Urban and County Affairs. SB 846. By Senators Thompson of the 33rd, Garner of the 30th and Dean of the 31st: A bill to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to authorize and direct the Commissioner of Insurance to establish by regulation a uniform or standard claim form to be sup plied by insurers for use by insureds in filing claims under accident and sickness insurance policies; to provide that the Commissioner shall file and maintain on file a true copy of such form; to provide for applicability. Referred to Committee on Insurance and Labor. WEDNESDAY, MARCH 11, 1992 1691 SB 847. By Senator Walker of the 22nd: A bill to amend an Act creating the Board of Commissioners of Richmond County, as amended, so as to reapportion the commissioner districts for the elec tion of members of the board of commissioners; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office; to provide for procedures. Referred to Committee on Urban and County Affairs. SB 848. By Senator Walker of the 22nd: A bill to amend an Act regulating public instruction for the County of Richmond, as amended, so as to reapportion the districts for election of members of the board of education; to provide for elections pursuant to such reapportionment of districts; to provide for definitions; to provide for terms of office. Referred to Committee on Urban and County Affairs. SR 530. By Senator Hill of the 4th: A resolution creating the Senate Government Procurement of Recycled Products, Recycled Products Market Development, and Recycling Process Technology Study Committee. Referred to Committee on Rules. SR 531. By Senators Ragan of the 32nd, Harris of the 27th, Brown of the 26th and others: A resolution urging the Congress of the United States and the federal Environ mental Protection Agency to move carefully and slowly in adopting reasonable rules, regulations, and guidelines regarding motor vehicle emission inspection equipment and standards and to allow the use of the Bar 90 testing system. Referred to Committee on Natural Resources. SR 534. By Senators Deal of the 49th, Garner of the 30th, Johnson of the 47th and Perry of the 7th: A resolution requiring development of a multiyear plan to reduce personnel ex pense in state government. Referred to Committee on Rules. The following bills and resolutions of the House were read the first time and referred to committees: HB 457. By Representatives Dover of the llth, Balkcom of the 140th, Lee of the 72nd and others: A bill to amend Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to parks and historic areas, so as to provide that the state does not claim title to human remains and burial objects discovered on state properties or de fined as submerged cultural resources; to authorize the Department of Natural Resources to establish and maintain a cemetery for the purpose of reinterring certain human remains and burial objects. Referred to Committee on Governmental Operations. HB 1097. By Representative Murphy of the 18th: A bill to amend Article 8 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to multiple-party accounts in financial institutions, so as to provide the exclusive conditions under which financial institutions and attorneys 1692 JOURNAL OF THE SENATE may establish trust accounts; to provide for interest-bearing and noninterestbearing accounts. Referred to Committee on Judiciary. HB 1322. By Representative Balkcom of the 140th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to provide for the disposal of certain seized wildlife; to change certain provisions relating to legal weapons for hunting; to change the open season dates and bag limits of certain wildlife. Referred to Committee on Natural Resources. HB 1451. By Representatives Smith of the 156th, Fennel of the 155th, Pettit of the 19th and others: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to change a population feature. Referred to Committee on Governmental Operations. HB 1462. By Representatives Brush of the 83rd, Parham of the 105th, Barnett of the 10th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for suspension of a driver's license for the fraudulent or false application for such license. Referred to Committee on Public Safety. HB 1534. By Representative Lord of the 107th: 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 death certificates. Referred to Committee on Health and Human Services. HB 1540. 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 or a commission merchant who sells leased livestock for the lessee 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 notice of the owner's or lessor's ownership interest by written notice. Referred to Committee on Agriculture. HB 1549. By Representatives Oliver of the 53rd, Baker of the 51st, Colwell of the 4th and others: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to repeal a certain defi nition; to change the provisions relating to certain duties of the Council of Juve nile Court Judges. Referred to Committee on Judiciary. HB 1668. By Representatives Skipper of the 116th, Moultrie of the 93rd and Meadows of the 91st: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to delete certain provisions requiring a permit to trap and WEDNESDAY, MARCH 11, 1992 1693 sell live fox; to provide certain conditions for holding live fox; to permit live fox to be held during trapping season. Referred to Committee on Natural Resources. HB 1687. By Representatives Stancil of the 66th, Teper of the 46th, Walker of the 113th and others: A bill to amend Chapter 15 of Title 15 of the Official Code of Georgia Annotated, relating to child support receivers, so as to require the collection of court costs and service fees. Referred to Committee on Special Judiciary. HB 1708. By Representatives Floyd of the 154th and Purcell of the 129th: A bill to amend Code Section 3-4-90 of the Official Code of Georgia Annotated, relating to the authorization by counties or municipalities of the issuance of li censes for the sale of distilled spirits by the drink, so as to change a certain provision relating to the issuance of such licenses in counties having a certain population. Referred to Committee on Special Judiciary. HB 1721. By Representatives McKelvey of the 15th, Childers of the 15th and Smith of the 16th: A bill to amend Article 1 of Chapter 14 of Title 17 of the Official Code of Georgia Annotated, relating to restitution, so as to provide that after a seven-year holding period, restitution funds may be claimed by the respective county holding such funds. Referred to Committee on Special Judiciary. HB 1739. By Representatives Dover of the llth, Lee of the 72nd, Kilgore of the 42nd and others: A bill to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to the computation of Georgia taxable net income, so as to provide for the nonrecognition of gain with respect to certain sales or exchanges of a per sonal residence. Referred to Committee on Finance and Public Utilities. HB 1753. By Representatives Cummings of the 17th, Walker of the 113th, Skipper of the 116th and McBee of the 68th: A bill to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement Sys tem of Georgia, so as to provide that a retired member who elected one of several spousal options and whose spouse predeceases such member may revoke such election and elect a new option providing for a retirement allowance computed to be the actuarial equivalent of such allowance immediately prior to the date of such election. Referred to Committee on Retirement. HB 1793. By Representatives Thomas of the 69th, Godbee of the 110th, Porter of the 119th and others: A bill to amend Code Section 20-2-260 of the Official Code of Georgia Annotated, relating to capital outlay funds in general, so as to provide for approval of any school construction project which is less than base size; to provide that certain funds shall not be denied. Referred to Committee on Education. 1694 JOURNAL OF THE SENATE HB 1821. By Representatives Pinkston of the 100th, Watts of the 41st, Groover of the 99th and others: A bill to amend Article 1 of Chapter 8 of Title 53 of the Official Code of Georgia Annotated, relating to investments of executors and trustees, and Code Section 53-12-232 of the Official Code of Georgia Annotated, relating to fiduciary powers which may be incorporated by reference, so as to authorize executors and trust ees to invest in the securities of or other interests in certain investment compa nies or investment trust. Referred to Committee on Banking and Financial Institutions. HB 1933. By Representatives Lucas of the 102nd, Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 1 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to insuring and indemnification of state officers and employ ees, so as to authorize the purchase of reinsurance; to amend Article 3 of Chapter 9 of Title 45 of the Official Code of Georgia Annotated, relating to employees operating state motor vehicles, so as to provide for insurance on leased vehicles or vehicles on loan from the federal government. Referred to Committee on Insurance and Labor. HB 1967. By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th and Buck of the 95th: A bill to amend Code Section 50-17-22 of the Official Code of Georgia Annotated, relating to the functions of the Georgia State Financing and Investment Commis sion, so as to require the approval of Georgia State Financing and Investment Commission for certain financial and property agreements and arrangements by the state and its agencies and entities. Referred to Committee on Appropriations. HR 881. By Representatives Orr of the 9th, Floyd of the 135th, Walker of the 115th and others: A resolution creating the Walter F. George Tribute Commission. Referred to Committee on Rules. HR 938. By Representative Lane of the 27th: A resolution to create the Study Committee on Professional Tax Equity. Referred to Committee on Rules. HR 946. By Representatives Barfoot of the 120th, Murphy of the 18th, Godbee of the 110th and others: A resolution designating the Edward C. Moses Highway. Referred to Committee on Transportation. HR 976. By Representative Poag of the 3rd: A resolution designating the Martin Dooley Parkway. Referred to Committee on Transportation. HR 978. By Representatives Poag of the 3rd, Mann of the 6th and Griffin of the 6th: A resolution designating the Harry Leon Simpson Parkway. Referred to Committee on Transportation. WEDNESDAY, MARCH 11, 1992 1695 HB 1673. By Representatives Lawrence of the 49th, Alford of the 57th, Redding of the 50th and others: A bill to amend an Act establishing in DeKalb County districts from which mem bers of the county board of education shall be elected, so as to provide for new reapportioned districts. Referred to Committee on Urban and County Affairs. HB 1729. By Representatives Campbell of the 23rd, McKinney of the 40th and Abernathy of the 39th: A bill to amend an Act consolidating, creating, revising, and superseding the sev eral Acts incorporating the City of Alpharetta in the County of Fulton and creat ing a new charter for said city, so as to divide the city of Alpharetta into six election districts. Referred to Committee on Urban and County Affairs. HB 1803. By Representative Carrell of the 65th: A bill to amend an Act creating a Board of Commissioners of Walton County, so as to provide new commissioner districts. Referred to Committee on Urban and County Affairs. HB 1832. By Representative Stancil of the 66th: A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the composition of the commissioner districts from which mem bers of the Board of Commissioners of Morgan County are elected. Referred to Committee on Urban and County Affairs. HB 1833. By Representative Stancil of the 66th: A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of education are elected. Referred to Committee on Urban and County Affairs. HB 1858. By Representative Skipper of the 116th: A bill to repeal an Act providing for the compensation of the chairman and mem bers of the board of commissioners of each county of this state having a popula tion of not less than 26,290 and not more than 27,280. Referred to Committee on Urban and County Affairs (General). HB 1970. By Representative Carrell of the 65th: A bill to amend an Act to reincorporate the City of Monroe in the County of Walton, so as to provide new election districts. Referred to Committee on Urban and County Affairs. HB 1980. By Representatives Fennel of the 155th and Smith of the 156th: A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' approved February 21, 1873, and the several Acts amendatory thereof, and for other purposes herein men tioned," so as to provide for the election and terms of the members of the Board of Education of Glynn County. Referred to Committee on Urban and County Affairs. 1696 JOURNAL OF THE SENATE HB 1990. By Representative Parrish of the 109th: A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide that the chairman of the Board of Commissioners shall be the chief executive and administrative officer of Candler County. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Agriculture has had under consideration the following bill of the Senate and has instructed me to report the same back to the Senate with the following recommendation: SB 630. Do pass by substitute. Respectfully submitted, Senator English of the 21st District, Chairman Mr. President: The Committee on Ethics 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 521. Do pass by substitute. Respectfully submitted, Senator Deal of the 49th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 439. Do pass. SR 511. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 759. Do pass. HB 681. Do pass by substitute. SB 815. Do pass by substitute. HB 1523. Do pass by substitute. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following WEDNESDAY, MARCH 11, 1992 1697 bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 808. Do pass. SB 839. Do pass. SB 832. Do pass. HB 1945. Do pass. SB 838. Do pass. HB 1951. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 823. Do pass. HB 1732. Do pass. SB 824. Do pass. HB 1887. Do pass. SB 825. Do pass. HB 1888. Do pass. SB 826. Do pass. HB 1958. Do pass. SB 830. Do pass. HB 1969. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 510. By Senators Broun of the 46th and Starr of the 44th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide that when employees of the executive, judicial, and legislative branches of government are required to take one or more days of furlough each month for which no compen sation or salary is required from the state, each member of the General Assembly shall be authorized to have his or her salary reduced by an equivalent amount for each furlough day required of a state employee. SB 569. By Senator Garner of the 30th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide that 25 percent of money forfeited or $75,000.00 maximum shall be paid to any person, other than a law enforcement officer, furnishing information which leads to the seizure of property. SB 638. By Senators Johnson of the 47th, Garner of the 30th and Deal of the 49th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Offi cial Code of Georgia Annotated, relating to acquisition of real property through the State Properties Commission, so as to provide for the issuance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state government. SB 745. By Senators Robinson of the 16th and Edge of the 28th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide for criteria for siting hazardous waste storage, treatment, and disposal facilities; to amend Article 4 of Chapter 8 of Title 12 of the Official Code of 1698 JOURNAL OF THE SENATE Georgia Annotated, known as the "Georgia Hazardous Waste Management Au thority Act," so as to require the authority to develop procedures and criteria for selecting sites for hazardous waste facilities. SB 746. By Senator Egan of the 40th: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to local authorization and regulation of sales of alcoholic beverages on Sunday, so as to authorize the sale of alcoholic beverages on Sunday at festivals in all municipalities of this state having a population of 300,000 or more accord ing to the United States decennial census of 1970 or any future such census; to provide for a definition; to provide for conditions and limitations. SB 772. By Senators Moye of the 34th and Albert of the 23rd: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide that certain prohibitions relating to conduct involving animals shall not apply to conduct involving dogs and cats; to prohibit certain conduct with respect to dogs and cats and provide for penalties therefor; to provide for inap plicability and exceptions. SB 776. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge. SB 779. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of speed detection devices, so as to repeal the requirement that the law enforcement agency must possess a license in compliance with Fed eral Communications Commission rules to use a speed detection device and that each device be certified for compliance. SB 782. By Senator Walker of the 22nd: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide a short title, to provide for legislative intent; to provide definitions; to provide for applicability; to provide for standards and requirements for premium rates charged to small employer health benefit plans; to provide for rules and regula tions to be promulgated by the Commissioner of Insurance. SB 786. By Senators Taylor of the 12th and Foster of the 50th: A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, so as to provide that a group policyholder may require an additional employee contribution for spousal coverage where the spouse so cov ered is eligible to receive coverage under another group accident and sickness policy but declines such coverage. WEDNESDAY, MARCH 11, 1992 1699 SB 787. By Senator Edge of the 28th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys and their appointment, qualifications, and compensation, so as to change the definition of the term "LL.M. degree"; to pro vide an effective date. SB 789. By Senator Tysinger of the 41st: A bill to amend an Act providing for the protection of pension rights of county officers and employees of certain counties of this state so as to change the popu lation figure; to provide an effective date. SB 791. By Senators Garner of the 30th and Edge of the 28th: A bill to amend Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to distribution by the Secretary of State of the Georgia Laws and the Senate and House Journals, so as to change provisions relating to fixing of prices for sales of the Georgia Laws and the Senate and House Journals; to provide for the method of determination of such prices; to provide for deposit of receipts into the general fund of the state treasury; to provide an effective date. SB 792. By Senator Tysinger of the 41st: A bill to amend an Act applying to counties having a population of 500,000 or more by the United States Census of 1960 or any future United States census whose governing authorities are required by law to pay pensions from the county treasury of such county to retired county policemen and firemen so as to change the population figure to 600,000 and the census date to 1990; to provide an effec tive date. SB 793. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-354 of the Official Code of Georgia Annotated, relating to exemption of certain salesmen and merchants from municipal taxes and license fees, so as to change the population figure designating the counties to which said Code section is applicable. SB 794. By Senator Tysinger of the 41st: A bill to amend Code Section 15-12-11 of the Official Code of Georgia Annotated, relating to the appointment of court personnel in certain counties, so as to change the population figure designating the counties in which the judges of the superior court are authorized to appoint a jury clerk. SB 795. By Senator Tysinger of the 41st: A bill to amend Code Section 47-2-296 of the Official Code of Georgia Annotated, relating to county probation system employees, so as to change the population figure designating counties in which certain employees of the county probation system are to continue as members of a local retirement system. SB 796. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-233 of the Official Code of Georgia Annotated, relating to the preparation of the list of electors, so as to change the population brackets. SB 797. By Senator Tysinger of the 41st: A bill to amend an Act providing that counties having a population of more than 200,000, according to the United States Census of 1921 or any subsequent census, shall furnish aid and relief and pensions to regular members of the county police 1700 JOURNAL OF THE SENATE departments, as amended, so as to change the language and figures "500,000 ac cording to the United States decennial census of 1960" to 600,000 according to the United States decennial census of 1990". SB 798. By Senator Tysinger of the 41st: A bill to amend Code Section 47-14-50 of the Official Code of Georgia Annotated, relating to payments to fund from fines and bonds collected in criminal and quasi-criminal cases, so as to change a population figure designating counties in which said Code section is inapplicable; to provide an effective date. SB 799. By Senator Tysinger of the 41st: A bill to amend Code Section 36-6-16.1 of the Official Code of Georgia Anno tated, relating to the deposit of funds held for the benefit of third persons or litigants by officers of a county or court in the treasury of counties having a pop ulation of 500,000 or more, so as to change the population figure. SB 800. By Senator Tysinger of the 41st: A bill to amend Code Section 9-13-161.1 of the Official Code of Georgia Anno tated, relating to the holding of sales of personal property at a place other than the courthouse where such sale would create an undue traffic hazard, so as to change the population figure. SB 801. By Senator Tysinger of the 41st: A bill to amend Code Section 50-5-184 of the Official Code of Georgia Annotated, relating to the requirement of the Department of Administrative Services to pro mote joint use of public safety radio services and economical delivery of services, so as to change the population figure designating the counties to which provisions of said Code section shall not apply. SB 802. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to the qualifications of registrars and deputy registrars, so as to change the population figure designating the counties in which the board of registrars and elections shall appoint the registrars and deputy registrars of each munici pality lying wholly within the boundaries of any such county as deputy registrars of such county. SB 803. By Senator Tysinger of the 41st: A bill to amend Code Section 48-5-404 of the Official Code of Georgia Annotated, relating to the collection of county school taxes by tax commissioners or tax col lectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collector or remitted to the county governing authority. SB 804. By Senator Tysinger of the 41st: A bill to amend Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to the duties of a sheriff, so as to change the population brackets with respect to the duties of sheriffs of certain counties toward persons charged with a violation of a county ordinance. SB 805. By Senator Tysinger of the 41st: A bill to amend an Act providing that in all counties in the State of Georgia having a population of 500,000 or more according to the United States decennial census of 1960 or any future such census the office of the justice of the peace WEDNESDAY, MARCH 11, 1992 1701 emeritus shall be created so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date. SB 806. By Senator Tysinger of the 41st: A bill to amend an Act fixing the salaries of certain judges of certain courts within certain counties so as to change the population figure from "500,000" to "600,000" according to the United States decennial census of 1990 or any future such census; to provide an effective date. SB 807. By Senator Tysinger of the 41st: A bill to amend Code Section 21-2-211 of the Official Code of Georgia Annotated, relating to the appointment and compensation of county registrars, so as to change the population figure to provide that in certain counties the governing authority of the county shall appoint the county registrars; to provide an effec tive date. SB 809. By Senator Tysinger of the 41st: A bill to amend an Act providing for the defense of indigents in certain counties of this state having a population of not less than 500,000 as determined by the 1960 United States decennial census or any future census so as to change "500,000" to "600,000" and "1960" to "1990"; to provide an effective date. SB 811. By Senator Starr of the 44th: A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change certain provisions relating to the duty of county boards of health to provide certain com munity services and the duties of district health departments with respect to mentally retarded individuals; to change certain provisions relating to the duty of the Department of Human Resources to provide certain assistance to county boards of health. SB 817. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act creating the Augusta Judicial Circuit, as amended, so as to authorize the governing authority of each county comprising the Augusta Ju dicial Circuit to receive payment of fines directly from the state probation office without any requirement of deposit of the fines in the office of the clerk of the superior court. SB 828. By Senator Henson of the 55th: A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language. SB 831. By Senators Steinberg of the 42nd, Garner of the 30th, Bishop of the 15th and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to require state government and state au thority employers to grant employees a period of leave for certain family or med ical purposes; to provide for definitions; to provide for practices and procedures in connection with the requirement of leave; to provide for exceptions; to provide for certification of medical conditions; to provide an effective date. 1702 JOURNAL OF THE SENATE SB 833. By Senators Deal of the 49th and Scott of the 36th: A bill to amend Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings and parental rights, so as to change the provi sions relating to certain duties of the Council of Juvenile Court Judges; to amend Title 49 of the Official Code of Georgia Annotated, relating to social services, so as to create a new Chapter 4A of said title which provides for the Department of Children and Youth Services; to provide an effective date. SB 834. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the felony offense of trafficking in methamphetamine; to provide penalties. SR 373. By Senators Walker of the 22nd, Johnson of the 47th, Brown of the 26th and others: A resolution creating the Governor's Commission on Long-term Care. SR 383. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and Deal of the 49th: A resolution designating October, 1992, as "Georgia Quality Month". SR 409. By Senators Ramsey of the 54th and Steinberg of the 42nd: A resolution creating the Senate Firefighter Training Study Committee. SR 493. By Senators Hammill of the 3rd, Coleman of the 1st, Robinson of the 16th and others: A resolution urging the presidential candidates to identify and communicate their position on critical issues facing children, youth, and families. SR 505. By Senators Collins of the 17th, Albert of the 23rd, Perry of the 7th and others: A resolution urging the Congress of the United States to recognize and honor the veterans of the Guadalcanal campaign during World War II. SR 523. By Senators Walker of the 22nd and Albert of the 23rd: A resolution designating July 8, 1992, as Medical College of Georgia School of Nursing Day in Georgia. SR 524. By Senators Marable of the 52nd, Perdue of the 18th, Robinson of the 16th and others: A resolution urging the licensed physicians of the State of Georgia to perform certain tests for the early detection of prostate cancer. HB 113. By Representative Lane of the 27th: A bill to amend Chapter 1 of Title 28 of the Official Code of Georgia Annotated, relating to general provisions applicable to the General Assembly, so as to require a copy of local bills annexing territory to a municipality to be provided to the governing authority of the county. WEDNESDAY, MARCH 11, 1992 1703 HB 1265. By Representatives Smith of the 78th and Oliver of the 53rd: A bill to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to provide for the humane care of equines. HB 1270. By Representative Martin of the 26th: A bill to amend Code Section 41-2-12 of the Official Code of Georgia Annotated, relating to service of complaints or orders upon parties in interest of unfit struc tures, so as to eliminate the requirement of service by publication of nonresidents. HB 1294. By Representatives Carrell of the 65th, Porter of the 119th, Mobley of the 64th and others: A bill to amend Chapter 2 of Title 6 of the Official Code of Georgia Annotated, relating to regulation of aeronautics, aircraft, and airports, so as to provide for the offense of homicide by aircraft. HB 1296. By Representatives Walker of the 115th, Murphy of the 18th, Buck of the 95th and others: A bill to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of finger prints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that incident/complaint forms used by criminal justice agencies shall, when applicable, include the identification of any victim who is a student and the name of the school attended by any such student. HB 1356. By Representatives Oliver of the 53rd, Sinkfield of the 37th, Herbert of the 76th and others: A bill to amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to local boards of education, so as to provide a statement of legislative purpose and intent; to authorize certain programs of care and activi ties before school, after school, and during vacation periods for school age children. HB 1408. By Representative Jenkins of the 80th: A bill to amend Chapter 70 of Title 36 of the Official Code of Georgia Annotated, relating to coordinated and comprehensive planning and zoning by counties and municipalities, so as to provide for planning and zoning within the areas of inac tive municipalities. HB 1542. By Representatives Sherrill of the 47th, Lucas of the 102nd, Adams of the 79th and others: A bill to amend Chapter 1 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions regarding social services, so as to establish the Childhood Early Intervention and Services for the Elderly Fund. HB 1598. By Representatives Martin of the 26th, Parrish of the 109th, Childers of the 15th and others: A bill to amend Code Section 15-11-56 of the Official Code of Georgia Annotated, relating to expenses charged to county and payment by parents on court order of expenses involving treatment, care, and support of a child, so as to provide that the court may order payment from the parents or other legally obligated persons to reimburse all or part of the costs and expenses of the Department of Human Resources for treatment, care, and support of the child. 1704 JOURNAL OF THE SENATE HB 1722. By Representatives Chambless of the 133rd, Pinkston of the 100th, Thomas of the 69th and Floyd of the 154th: A bill to amend Code Section 11-9-310 of the Official Code of Georgia Annotated, relating to priority of certain liens, claims, and rights, so as to provide that a lien for other unpaid taxes or a duly rendered judgment shall have the same priority with regard to a security interest as it would have if the tax lien or judgment were a conflicting security interest or encumbrance. HB 1759. By Representative Smith of the 156th: A bill to amend an Act providing for a board of elections in counties having a population of not less than 7,330 nor more than 7,550 according to the United States decennial census of 1970 or any future such census, as amended, so as to repeal in its entirety said Act, as amended. HR 838. By Representative Morsberger of the 62nd: A resolution designating March as Seabees Month in Georgia. HR 875. By Representatives Mann of the 6th, Poag of the 3rd and Griffin of the 6th: A resolution recognizing Lieutenant Colonel Thomas Vance Parrott, USAF, and designating the Colonel Tom Parrott Parkway. HR 894. By Representatives Walker of the 115th, Townsend of the 24th, Lee of the 72nd and others: A resolution creating the Joint Study Committee on Local Government Services. HR 914. By Representatives Alford of the 57th, Irwin of the 57th, Blitch of the 150th and Henson of the 57th: A resolution commending Honorable Clarence R. Vaughn, Jr., and designating the Clarence R. Vaughn, Jr., Highway. HR 926. By Representative Parrish of the 109th: A resolution paying tribute to Honorable Albert D. Clifton and designating the Albert D. Clifton Memorial Highway. HR 933. By Representatives Beatty of the 12th, Ladd of the 44th, Mobley of the 64th and others: A resolution designating the Veterans Memorial Parkway. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard WEDNESDAY, MARCH 11, 1992 1705 Ragan of 10th Ragan of 32nd ^amsey Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not answering were Senators: Henson Langford Scott Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Hammill of the 3rd introduced the chaplain of the day, William T. Ligon, pas tor of Christian Renewal Church, Brunswick, Georgia, who offered scripture reading and prayer. The following resolutions of the Senate were read and adopted: SR 532. By Senators Steinberg of the 42nd, Garner of the 30th, Johnson of the 47th and others: A resolution recognizing the Atlanta Area Chapter of the Alzheimer's Association. SR 535. By Senators Broun of the 46th, Tysinger of the 41st and Tate of the 38th: A resolution commending Mr. John E. Aderhold, chairman, Geo. L. Smith II Georgia World Congress Center Authority. SR 536. By Senator Ramsey of the 54th: A resolution commending Mrs. Mozelle Houston. SR 537. By Senator Ramsey of the 54th: A resolution congratulating Mr. and Mrs. Wendell Chastain on the occasion of their fiftieth wedding anniversary. SR 538. By Senators Foster of the 50th, Deal of the 49th and Taylor of the 12th: A resolution commending the Georgia Economic Developers Association and its Education Committee. Senator Ramsey of the 54th introduced the doctor of the day, Dr. Steve Tuck, of Chatsworth, Georgia. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1324. By Representative Balkcom of the 140th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide certain requirements for 1706 JOURNAL OF THE SENATE fishing with a bow and arrow; to provide for the taking of fish from public fishing areas; to provide for certain fish for which a license is required. The House has disagreed to the Senate substitute to the following bill of the House: HB 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Wednesday, March 11, 1992 THIRTY-FIRST LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 823 Albert, 23rd Pollard, 24th COLUMBIA COUNTY A bill to provide for a homestead exemption of $20,000.00 from all Columbia County ad valorem taxes and Columbia County School District ad valorem taxes, including taxes levied to pay interest on and to retire bonded indebt edness, for residents of Columbia County and Columbia County School Dis trict who are disabled or who are 62 years old or older and who have a net income not exceeding $15,000.00 for the immediately preceding taxable year. SB 824 Johnson, 47th CITY OF FRANKLIN SPRINGS A bill to provide a new charter for the City of Franklin Springs; to provide for incorporation, boundaries, and powers of the city; to provide for a gov erning authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings and procedures. SB 825 Johnson 47th CITY OF ROYSTON A bill to provide a new charter for the City of Royston; to provide for incor poration, boundaries, and powers of the city; to provide for a governing au thority of such city and the powers, duties, authority, election, terms, vacan cies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, and procedures. SB 826 Baldwin, 29th CITY OF HOGANSVILLE 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; to change the maximum millage rate of such taxes; to provide for a referendum. WEDNESDAY, MARCH 11, 1992 1707 SB 830 Moye, 34th CITY OF PALMETTO A bill to amend an Act establishing a new charter for the City of Palmetto, so as to change the provisions relating to special elections and vacancies; to au thorize the mayor and city council to appoint a successive mayor or council member if a vacancy occurs in either office with less than two years remain ing in that term. HB 1732 Newbill, 56th CITY OF ALPHARETTA A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton and creating a new charter for said city. HB 1887 Johnson 47th MADISON COUNTY A bill to amend an Act creating the board of commissioners of Madison County, so as to provide new commissioner districts. HB 1888 Johnson, 47th MADISON COUNTY A bill to amend an Act creating the board of education of Madison County, so as to provide new education districts. HB 1958 Edge, 28th CITY OF WILLIAMSON A bill to provide a new charter for the City of Williamson in Pike County. HB 1969 Dawkins, 45th CITY OF WALTON A bill to amend an Act entitled "An Act to reincorporate the City of Monroe in the County of Walton," so as to change certain provisions relating to the appointment and duties of the city administrator. 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 Bishop Bowen Broun of 46th Brown of 26th 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 Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey 1708 JOURNAL OF THE SENATE Robinson Steinberg Tate Taylor Thompson Timmons Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Baldwin Gillis Ray Scott Shumake Starr Turner On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. The following bill of the House was taken up for the purpose of considering the House action thereon: HB 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th and others: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. Senator Deal of the 49th moved that the Senate insist upon the Senate substitute to HB 1288. On the motion, the yeas were 33, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1288. SENATE RULES CALENDAR Wednesday, March 11, 1992 THIRTY-FIRST LEGISLATIVE DAY SB 747 Insurance Agents, Brokers--revise licensing provisions (Substitute) (I&L--24th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 6, 1992.) SR 514 Law Practice--urge Supreme Court reconsider rules governing (S Judy--45th) SB 660 Regional Development Centers--powers (Substitute) (Amendment) (Gov Op--25th) SR 431 Special Study Commission on Postsecondary Technical and Adult Education Fi nance--create (Rules--10th) SB 523 Surface Mining--permit, applicant for crushed stone production (Substitute) (Nat R--20th) SB 774 Distilled Spirits Dealer License--residency requirements (C Aff--35th) HB 1308 Liquefied Petroleum, Gas Storage--building, plumbing code applicability (Sub stitute) (I&L--51st) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 6, 1992.) HB 875 Bail--superior court judge may delegate certain authority to certain judges (Sub stitute) (S Judy--28th) WEDNESDAY, MARCH 11, 1992 1709 HB 573 Department of Human Resources--provisions for expenditures for additional special facilities (H&HS--25th) HB 1530 State Patrol Disciplinary Board--abolish (Substitute) (Pub S--34th) HB 762 Commercial Code--amend provisions on territorial application of Title 11 (B&FI--8th) HB 1401 Birth Certificate--social security number of parents (Amendment) (H&HS--12th) HB 203 GeorgiaNet Authority--members of Employees' Retirement System (Ret--44th) HB 1470 Common Carrier Inflicting Injury--repeal negligence presumption (Judy-40th) HB 1658 Labor Commissioner--ongoing educational assistance program (I&L--24th) HB 1476 Workers' Compensation Insurance Rates--adverse experience modification fac tors (I&L--22nd) HB 277 Firearms Protection for Minors Act--enact (Amendment) (Gov Op--25th) HB 310 Legislative Retirement Benefits--maximum hours to work before cessation (Ret--38th) HB 1655 Intangible Tax Exemption--provisions on stock in certain financial institutions (B&FI--18th) HB 635 Firemen's Retirement--surviving spouse benefits (Ret--38th) HB 1362 Court Services--counties contract with cities (Judy--40th) HB 1344 Insurance Commissioner--revise financial regulatory capabilities (I&L--12th) HB 150 Alcohol Possession Those Under 21 Years of Age--risk reduction program (Sub stitute) (S July--28th) HB 1371 Civil Office--residency requirements (Gov Op--25th) HB 1297 Industrial Loans, Manufactured Housing, Fire Regulations--Insurance Commis sioner's fees (I&L--16th) HB 1306 Income Tax--relating to deadline for quarterly, monthly returns (F&PU--54th) HB 1299 Internal Revenue Code--incorporate federal provisions into Georgia law (F&PU--44th) HB 1201 Pet Dealers, Kennel, Stable Operators--license fees (Ag--21st) HB 353 Teachers Retirement--attendance officers as members (Ret--54th) HB 601 Drug Testing for Certain Candidates--redefine illegal drug (Gov Op--25th) HB 900 Trial Judges, Solicitors Retirement--ineligibility for senior judge, District Attor ney emeritus (Ret--44th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, having been read the third time and final ac tion suspended on March 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: SB 747. By Senator Pollard of the 24th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the comprehensive revision of provisions relating to the licensing of insurance agents, solicitors, brokers, counselors, and adjusters; to provide for definitions; to provide exceptions; to provide for various categories of licenses; to prohibit certain activities of individuals not holding licenses; to provide for certificates of authority; to provide penalties. 1710 JOURNAL OF THE SENATE The substitute to SB 747 offered by Senator Pollard of the 24th on March 6, as it appears in the Journal of March 6, was automatically reconsidered and put upon its adoption. On the adoption of the substitute offered by Senator Pollard of the 24th, 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 by substitute. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Garner Hammill Moye Scott Shumake Taylor Timmons On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following general resolution of the Senate, favorably reported by the committee, was read the third time and put upon its adoption: SR 514. By Senator Dawkins of the 45th: A resolution urging the Supreme Court of Georgia to reconsider its rules gov erning admission to the practice of law. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th WEDNESDAY, MARCH 11, 1992 1711 Burton Clay Coleman Collins Dawkins eal EEcdeh*onl,s g* English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Kidd LMA*aanrgafbLoIlred Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tm Taaytielor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Johnson Scott Shumake On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bill of the Senate, having been withdrawn from the Senate Com mittee on Urban and County Affairs (General) on February 13 and committed to the Senate Committee on Governmental Operations, and favorably reported by the committee, was read the third time and put upon its passage: SB 660. By Senators Kidd of the 25th and Foster of the 50th: A bill to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to change the provi sions relating to the general powers of regional development centers; to expand the powers of such centers; to provide an effective date. The Senate Committee on Governmental Operations offered the following substitute to SB 660: A BILL To be entitled an Act to amend Article 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, so as to authorize regional de velopment centers to create nonprofit corporations; to provide for conditions and limita tions; to provide for audits; to authorize certain expenditures; to amend Code Section 14-3140 of the Official Code of Georgia Annotated, relating to definitions regarding nonprofit corporations, so as to change a 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 2 of Chapter 8 of Title 50 of the Official Code of Georgia Annotated, relating to regional development centers, is amended by adding at the end of Code Section 50-8-35, relating to general powers of regional development centers, a new subsection (f) to read as follows: "(f) (1) In order to accomplish the intent of subsection (e) of this Code section, each center is authorized to create nonprofit corporations to administer federal or state revolving 1712 JOURNAL OF THE SENATE loan programs or loan packaging programs. Each such nonprofit corporation must be au thorized by the center's board and each unit of local government affected. (2) Employees of a nonprofit corporation referenced herein are authorized to expend nonpublic funds of such corporation for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the nonprofit corporation to discuss the location or development of new business, industry, or tourism within center's region. All such expenditures shall be verified by vouchers showing date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least once every 12 months. (3) A nonprofit corporation shall keep books of account reflecting all funds received, expended, and administered by the nonprofit corporation which shall be independently au dited at least once in each fiscal year during which a nonprofit corporation functions. The auditor's report shall be presented to the governing body of each member within the region and to the department. The books of account shall be kept in a standard, uniform format to be determined by the state auditor and the commissioner. Each nonprofit corporation shall update its books of account on a quarterly basis and shall present the quarterly update to the commissioner. The department shall conduct a performance audit of each nonprofit cor poration at least once every three years." Section 2. Code Section 14-3-140 of the Official Code of Georgia Annotated, relating to definitions regarding nonprofit corporations, is amended by striking paragraph (13) and in serting in its place a new paragraph (13) to read as follows: "(13) 'Entity' includes corporation and foreign corporation; business corporation and foreign business corporation; profit and nonprofit unincorporated association; business trust, estate, partnership, trust, two or more persons having a joint or common economic interest; and state, United States, and foreign government; and regional development center solely for the purpose of implementing subsection (f) of Code Section 50-8-35." 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 Hammill of the 3rd offered the following amendment: Amend the substitute to SB 660 offered by the Senate Committee on Governmental Operations by adding on line 25 of page 1 between the word "Employees" and the word "of the following: "and any other authorized representative". On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal WEDNESDAY, MARCH 11, 1992 1713 Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Muggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Hooks Scott Shumake Steinberg 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 resolution of the Senate was read and adopted: SR 533. By Senator Starr of the 44th: A resolution commending the Clayton County PEACH Program. Senator Starr of the 44th introduced a group affiliated with the Clayton County PEACH Program. The following general resolution and bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SR 431. By Senators Ragan of the 10th, Perdue of the 18th, Foster of the 50th and others: A resolution creating the special Study Commission on Postsecondary Technical and Adult Education Finance. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th 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 1714 JOURNAL OF THE SENATE Perdue Perry Pollard RRaaggaannooff3120nthd Ramsey Ray Robinson Scott Starr TStaetienberg Taylor Thompson Timmons Turner Tvsineer ,,W,a,,lker o,f 2oo2ndj Walker of 43rd White Those not voting were Senators: Bowen Phillips Shumake On the adoption of the resolution, the yeas were 53, nays 0. The resolution, having received the requisite constitutional majority, was adopted. Senator Ragan of the 10th moved that SR 431 be immediately transmitted to the House. On the motion, the yeas were 32, nays 0; the motion prevailed, and SR 431 was immedi ately transmitted to the House. SB 523. By Senators Gillis of the 20th, Deal of the 49th, Garner of the 30th and others: A bill to amend Code Section 12-4-75 of the Official Code of Georgia Annotated, relating to permits for surface mining operations and related matters, so as to require applicants for permits involving certain activities to comply with local zoning and land use ordinances. The Senate Committee on Natural Resources offered the following substitute to SB 523: A BILL To be entitled an Act to amend Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, so as to change a certain defini tion; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 12-4-72 of the Official Code of Georgia Annotated, relating to definitions relative to surface mining, is amended by striking in is entirety paragraph (5) and inserting in lieu thereof the following: "(5) 'Mined land use plan' means an operator's written proposal for accomplishing land use objectives on the affected land. The term may include, but not be limited to, an opera tor^ plans during and following active mining for erosion and sedimentation control, grad ing, disposal of refuse, reclamation and revegetation, and the time of completion of the plan." 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: WEDNESDAY, MARCH 11, 1992 1715 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th 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 Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Not voting were Senators Bowen 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. SB 774. By Senators Langford of the 35th, Dawkins of the 45th, Taylor of the 12th and others: A bill to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for the manu facture, distribution, and package sales of distilled spirits, so as to provide that on and after July 1,1992, a retail dealer license shall be issued only to an individ ual who meets certain requirements relating to residency and ownership of busi ness; to provide certain exceptions. The report of the committee, which was favorable to the passage of the bill, was agreed to On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster 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 Starr Steinberg Tate 1716 JOURNAL OF THE SENATE Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Deal. Those not voting were Senators: Albert Bowen Garner Hooks Shumake On the passage of the bill, the yeas were 50, nays 1. 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 6, pursuant to Senate Rule 143, and placed on the Senate Rules Calendar for today, was continued upon its passage: HB 1308. By Representatives Murphy of the 18th and Watson of the 114th: A bill to amend Code Section 8-2-31 of the Official Code of Georgia Annotated, relating to the applicability of Part 2 of Article 1 of Chapter 2 of Title 8, relating to state building, plumbing, and electrical codes, so as to specify that such part shall not be construed as repealing or modifying the provisions of Article 10 of Chapter 1 of Title 10, relating to the sale and storage of liquefied petroleum gas; to provide for reenactment. Senate Sponsor: Senator Hasty of the 51st. The substitute to HB 1308 offered by Senator Baldwin of the 29th on March 6, as it appears in the Journal of March 6, was automatically reconsidered and put upon its adoption. On the adoption of the 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster 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 Starr WEDNESDAY, MARCH 11, 1992 1717 Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Garner Hooks Shumake Taylor 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 general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 875. By Representatives Hammond of the 20th, Flynt of the 75th and Pettit of the 19th: A bill to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within the same judicial circuit. Senate Sponsor: Senator Edge of the 28th. The Senate Committee on Special Judiciary offered the following substitute to HB 875: A BILL To be entitled an Act to amend Code Section 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, so as to provide that a judge of the superior court may delegate the authority to hear and set bail for certain offenses to any judge of any court of inquiry within such superior court judge's circuit; to provide an exception; to provide for the jurisdiction of the judge receiving the delegation; to provide a limitation on such delegation; 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 17-6-1 of the Official Code of Georgia Annotated, relating to where offenses are bailable and the procedure and schedule of bails, is amended by designating the current subsection (h) as subsection (i) and inserting a new subsection (h) to read as follows: "(h) Except in cases in which life imprisonment or the death penalty may be imposed, a judge of the superior court by written order may delegate the authority provided for in this Code section to any judge of any court of inquiry within such superior court judge's circuit. However, such authority may not be exercised outside the county in which said judge of the court of inquiry was appointed or elected. The written order delegating such authority shall be valid for a period of one year, but may be revoked by the superior court judge issuing such order at any time prior to the end of that one-year 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 32, 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. 1718 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 of 46th Brown of 26th 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 J^Y Robinson Scott gtarr Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Shumake Steinberg On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 573. By Representatives Snow of the 1st, McCoy of the 1st, Perry of the 5th and others: A bill to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions concerning public health, so as to prohibit the De partment of Human Resources from making certain expenditures for certain ad ditional special facilities unless notice thereof is provided to the governing au thorities of counties or municipalities affected and to certain 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 Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd WEDNESDAY, MARCH 11, 1992 1719 Langford Marable Newbill PPeerrdryue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray RScoobtitnson Steinberg Tate Taylor Thompson Timmons Turner ,,^,ysm. ger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen Edge Gillis Moye Shumake Starr On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. The following bill of the House was read the first time and referred to committee: HB 1324. By Representative Balkcom of the 140th: A bill to amend Title 27 of the Official Code of Georgia Annotated, relating to game and fish, so as to define a certain term; to provide certain requirements for fishing with a bow and arrow; to provide for the taking of fish from public fishing areas; to provide for certain fish for which a license is required. Referred to Committee on Natural Resources. Senator Walker of the 43rd introduced Willie Hunter, Head Coach of the Clark Atlanta University Football Team, who briefly addressed the Senate. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1530. By Representatives Mobley of the 64th and Twiggs of the 4th: A bill to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Discipli nary Board. Senate Sponsor: Senator Moye of the 34th. The Senate Committee on Public Safety offered the following substitute to HB 1530: A BILL To be entitled an Act to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers and agencies, so as to abolish the State Patrol Discipli nary Board; to provide for administration of disciplinary actions; to provide procedures for promotions; to extend arrest powers to nonuniformed investigators; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 35 of the Official Code of Georgia Annotated, relating to law enforce ment officers and agencies, is amended by striking Code Section 35-1-6, relating to appoint ment of nonuniformed investigators, in its entirety and inserting in lieu thereof a new Code Section 35-1-6 to read as follows: "35-1-6. (a) As used in this Code section, the term, 'property owned by the atatc' oloo inefades-property owned by department!), bureaus, commigsiona, of authorities of the atatc. 1720 JOURNAL OF THE SENATE {b} (a) The commissioner is authorized to appoint twe five nonuniformed investigators who shalTbe certified peace officers pursuant to Chapter 8 of this title, the 'Georgia Peace Officer Standards and Training Act.' The commissioner shall determine the salaries of such investigators. The investigators shall be in the unclassified service of the State Merit System of Personnel Administration and therefore shall not be governed by any rules of position, classification, appointment, promotion, demotion, transfer, dismissal, qualification, compen sation, seniority privileges, tenure, or other such matters concerning their employment as may now or hereafter be established by the State Personnel Board, the State Merit System of Personnel Administration, or any successor boards or agencies. The investigators shall be assigned to the Internal Affairs Section of the Department of Public Safety in the office of the commissioner at the department's headquarters complex. 4e) (b) The investigators shall have full arrest powers and shall be authorized: (1) To investigate crimes committed on property owned by anywhere in the state; (2) To arrest any person violating the criminal laws of this state on property owned by thr ntfltp* (3) To serve and execute warrants on property owned by the state after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or war rants and requesting an officer of the law enforcement agency to assist in serving such war rant or warrants; (4) To enforce in general the criminal laws of this state on property owned by the atatc; and (5) To carry firearms while performing their duties." Section 2. Said title is further amended by striking subsection (b) of Code Section 35-236, relating to the ranking of personnel in the Uniform Division, in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: "(b) The personnel of the battalion shall be ranked according to a semimilitary struc ture with such ranks as the board shall deem appropriate, including, but not restricted to, the following: (1) Major; (2) Captain; (3) First lieutenant; (4) Sergeant major, {6} (4) Sergeant first class; <6> (5) Sergeant; W (6) Corporal; m (7) Trooper first class; W (8) Trooper; (9) Trooper cadets; and (10) Process servers." Section 3. Said title is further amended by striking subsection (e) of Code Section 35-242, relating to compensation of certain personnel of the department, in its entirety and in serting in lieu thereof a new subsection (e) to read as follows: "(e) This Code section is not intended to repeal existing law concerning the following: (1) The authority of the board to pay certain medical expenses incurred by any member of the Georgia State Patrol or the Georgia Bureau of Investigation; WEDNESDAY, MARCH 11, 1992 1721 (2) The authority of the commissioner to provide uniforms and supplies to members of the Uniform Division; (3) The requirement that board and quarters be furnished to every member of the Uni form Division on active duty; or (4) The authorization for officers and troopers to receive a legal award offered for the apprehension of any criminal}. (6) The State Patrol Disciplinary Board, its composition, and its responsibilities and procedures for removal of officcra and troopers for eauac." Section 4. Said title is further amended by striking Code Section 35-2-45, relating to promotions and demotions of personnel in the Uniformed Division, in its entirety and in serting in lieu thereof a new Code Section 35-2-45 to read as follows: "35-2-45. (a) Any trooper first class of the Uniform Division of the Department of Pub lic Safety shall be eligible for promotion to the rank of corporal, provided he has served a period of 24 12 months in the Georgia State Patrol including the period of probation. (b) Any noncommissioned or commissioned officer shall be eligible for promotion to a higher rank, provided he has served at least one year in the preceding rank, and provided, further, that a sergeant may be promoted to the rank of lieutenant without having to serve in the rank of sergeant major for a period of at least one year. (c) Promotions to ranks of corporal through lieutenant shall be made on the basis of merit in accordance with this Code section in accordance with the Georgia State Patrol Promotion System. (d) Demotion from any rank or grade ohall be heard by the State Patrol Diociplinary Board, should the member being demoted dcairc a hoofing. (c) Periodic performance rankings shall be made, not leaa than annually, of each sworn member through the grade of lieutenant, ranking each member according to his relative position within his post of section. Bach aupcrvisor ahull rank these members under his supervision." Section 5. Said title is further amended by striking Code Section 35-2-46, relating to the term of service and grounds and procedures for discharge of certain personnel of the De partment of Public Safety, in its entirety and inserting in lieu thereof a new Code Section 35-2-46 to read as follows: "35-2-46. All the officers, troopers, communications officers, and driver driver's license examiners, except the commissioner and deputy commissioner, shall be entitled to serve until retirement; provided, however, that the commissioner or his designee may discharge any officer, trooper, communications officer, or drive* driver's license examiner. This may be accomplished by preferring charges before the State Patrol Diaciplinary Board appropriate division director before which whom the officer, trooper, communications officer, or drive? driver's license examiner shall have an opportunity for hearing. The charges which may be preferred shall consist of one or more of the following: unfitness to perform assigned duties, insubordination, misconduct, conduct reflecting discredit on the department, commission of a felony or other crime involving moral turpitude, failure to report to work without justifia ble cause, chronic absenteeism, or political activity as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. This Code section shall not apply to persons separated from the department due to curtailment of funds or reduction in staff when the separation is in accordance with the rules and regulations of the State Merit System of Personnel Administration." Section 6. Said title is further amended by striking Code Section 35-2-47, relating to suspension of members of the Georgia State Patrol, in its entirety and inserting in lieu thereof a new Code Section 35-2-47 to read as follows: "35-2-47. The commissioner or his designee may suspend any officer, trooper, communi cations officer, or driver's license examiner from duty for cause and without pay until the 1722 JOURNAL OF THE SENATE hearing before the State Patrol Disciplinary Board appropriate division director is held, where it is likely that the employee has committed a felony or other crime involving moral turpitude, or where the retention of the employee in active duty status may result in dam age to property or may be detrimental or injurious to the employee, his fellow workers, persons under the employee's charge, or the general public, or in other emergency situations as defined in the rules and regulations adopted pursuant to Chapter 20 of Title 45. Pending the employee's hearing before the State Patrol Disciplinary Board appropriate division di rector, the officer, trooper, communications officer, or driver driver's license examiner shall not be allowed to wear the uniform of the Georgia State Patrol or perform any duties thereof." Section 7. Said title is further amended by striking Code Section 35-2-48, relating to the State Patrol Disciplinary Board, which reads as follows: "35-2-48. (a) The State Patrol Disciplinary Board shall be composed of the command ing officer or his designee as chairman and six sworn members of equal or greater rank than the individual 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 commanding 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 appointed as needed and the members of such board shall serve at the pleasure of the commissioner. (b) Any officer, trooper, communications officer, or driver license examiner who has charges preferred against him shall receive a copy thereof as soon as practicable. (c) The hearing before the disciplinary board must be held on a date which provides the employee with at least five calendar days' and not more than 30 calendar days' advance written notice of the hearing except as otherwise provided in the rules and regulations of the State Personnel Board. (d) The hearing before the disciplinary board shall be informal and rules of evidence shall not apply. The disciplinary board is authorized to consider any information that may be presented to it by oral or written means. The officer, trooper, communications officer, or driver license examiner shall be given an opportunity to present to the disciplinary board any information which he desires the disciplinary board to consider. (e) The disciplinary board shall, after considering the information presented to it, make a recommendation to the commissioner as to what action shall be taken. This recommenda tion shall in no way bind the commissioner. The commissioner's decision shall be final and there shall be no appeal therefrom within the department.", in its entirety. Section 8. All laws and parts of laws in conflict with this Act are repealed. Senator Moye of the 34th offered the following amendment: Amend the substitute to HB 1530 offered by the Senate Committee on Public Safety by striking in its entirety line 12 of page 2, which reads as follows: "powers and shall be authorized:", and inserting in lieu thereof the following: "powers in cases involving internal affairs and in such cases shall be authorized:". On the adoption of the amendment offered by Senator Moye of the 34th, the yeas were 34, nays 0, and the amendment was adopted. Senator Garner of the 30th offered the following amendment: WEDNESDAY, MARCH 11, 1992 1723 Amend the substitute to HB 1530 offered by the Senate Committee on Public Safety by amending lines 18 - 23, page 2, to read: "(3) To serve and execute warrants after notifying the law enforcement agency of the local jurisdiction of the intent to serve such warrant or warrants;". On the adoption of the amendment offered by Senator Garner of the 30th, the yeas were 31, nays 2, and the amendment was adopted. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Broun of 46th Brown of 26th Burton Xf.man ~DpaUwjl.kn,isns rjean English Foster Garner Gillis Hammill Harris Hasty Henson jjjjj Hooks Huggins JKTo^ih-dJndJson Langford Marable Mye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr TmStaet4i.enberg Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Clay. Those not voting were Senators: Bishop Bowen Edge Scott Shumake Thompson On the passage of the bill, the yeas were 49, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 33rd gave notice that, at the proper time, he would move that the Senate reconsider its action in passing HB 1530. HB 762. By Representative Floyd of the 154th: A bill to amend Title 11 of the Official Code of Georgia Annotated, known as the "Uniform Commercial Code," so as to amend the provisions relating to the terri torial application of Title 11 and parties' power to choose applicable law; to 1724 JOURNAL OF THE SENATE change the provisions relating to limitations on the scope of Article 3 of Title 11; to change the definition of the term "item" as used in Article 4 of Title 11. 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Pollard Those not voting were Senators: Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tl falLtpV Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Bishop Bowen Edge Moye Robinson Shumake On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. The President announced that the Senate would stand in recess from 12:24 o'clock P.M. until 1:40 o'clock P.M. At 1:40 o'clock P.M., the President called the Senate to order. WEDNESDAY, MARCH 11, 1992 1725 The following message was received from the House through Mr. Rivers, 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 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th, Jackson of the 9th and Jamieson of the llth: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. The Speaker has appointed on the part of the House, Representatives Dover of the llth, Colwell of the 4th and Twiggs of the 4th. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 1038. By Representative Murphy of the 18th: A resolution relative to adjournment. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1401. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Chapter 10 of Title 31 of the Official Code of Georgia Annotated, relating to vital records, so as to provide that the social security account numbers of parents shall be entered on a certificate of birth. Senate Sponsor: Senator Taylor of the 12th. The Senate Committee on Health and Human Services offered the following amendment: Amend HB 1401 by striking the word "parents" on line 4 of page 1 and inserting in lieu thereof the following: "a child's mother and father, if paternity is acknowledged by the father,". By striking the work "parents" on line 18 of page 1 and inserting in lieu thereof the following: "the mother and father, if paternity is acknowledged by the father,". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 1726 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Alien Baldwin Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Hammill Harris Hasty Hill Huggins Johnson Kidd Marable Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Taylor Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Albert Bishop Bowen English Garner Henson Hooks Langford Moye Perry Shumake Stein berg Tate Thompson 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 as amended. HB 203. By Representative Pettit of the 19th: A bill to amend Part 10 of Article 8 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to employees' retirement systems of certain state authorities and commissions, so as to provide that all officers and employees of the GeorgiaNet Authority shall become members of the Employees' Retirement System of Georgia. Senate Sponsor: Senator Starr of the 44th. 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 Boyd Pettit State Representative FROM: G. W. Hogan, State Auditor DATE: January 29, 1991 SUBJECT: House Bill 203 (Substitute) (LC 21 0910S) Employees' Retirement System As amended, this bill provides that all officers and employees of the GeorgiaNet Au thority would become members of the Employees' Retirement System effective July 1, 1992, or on the date of employment. Any officer or employee of the authority who was already a WEDNESDAY, MARCH 11, 1992 1727 member on July 1, 1992 would continue the same membership status without any interrup tion in service. The bill also provides for creditable service for certain prior employment as an officer or employee of the authority. This is to certify that the changes made to this substitute bill are fiscal amendments as defined in the Public Retirement Systems Standards Law. Isl G. W. Hogan State Auditor 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 203 (LC 21 0910S) Employees' Retirement System As amended, this bill provides that all officers and employees of the GeorgiaNet Au thority would become members of the Employees' Retirement System effective July 1, 1992, or on the date of employment. Any officer or employee of the authority who was already a member on July 1, 1992 would continue the same membership status without any interrup tion in service. The bill also provides for creditable service for certain prior employment as an officer or employee of the authority. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 35,000* (2) The amount of annual normal cost which will result from the bill. $ 3,000* (3) The employer contribution rate currently in effect. 17.14% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 17.14%* (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $ 8,570* *At this time there are no officers or employees of the GeorgiaNet Authority, so the cost of this Bill is unknown. Costs are based on an assumption of one eligible employee with an annual salary of $50,000. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor 1728 JOURNAL OF THE SENATE September 24, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 203 (LC 21 0910S) As requested, we have made an actuarial investigation of the impact of House Bill 203 (LC 21 0910S) on the Employees' Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill provides that all officers and employees of the GeorgiaNet Authority shall become members of the Employees' Retirement System, and further provides creditable ser vice for prior employment under certain conditions. At this time there are no officers or employees of the GeorgiaNet Authority, so the cost of this Bill is unknown. If one employee with an annual salary of $50,000 should be affected, the estimated annual cost is 17.14% of $50,000, or $8,570. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Before Amendment $ 1,053,440 After Amendment $ 1,053,475 Increase $ 35 Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal Accrued Liability Cost-of-Living 4.97% 5.67 1.75 $ 79,520 4.97% 90,720 5.67 28,000 1.75 $ 79,523 90,723 28,001 0% $ 3 0 3 0 1 Sub-total Pickup 12.39% $ 198,240 12.39% $ 198,247 0% 7 4.75 76,000 4.75 76,002 0 2 Total 17.14% $ 274,240 17.14% $ 274,249 0% $ 9 The preceding figures are based on the employee data, actuarial assumptions and actua rial methods used to prepare the June 30, 1990 actuarial valuation of the System, together with an estimated payroll of $1,600,000,000. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: WEDNESDAY, MARCH 11, 1992 1729 Those voting in the affirmative were Senators: Albert Alien Baldwin Broun of 46th Brown of 26th Coleman Dawkins Deal Dean Echols Edge Egan Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Burton Clay Collins Newbill Phillips Ragan of 32nd Those not voting were Senators: Bishop Bowen English Gillis Langford Pollard Shumake Tate On the passage of the bill, the yeas were 42, nays 6. The bill, having received the requisite constitutional majority, was passed. HB 1470. By Representatives Alford of the 57th, Oliver of the 53rd and Dover of the llth: A bill to amend Chapter 7 of Title 46 of the Official Code of Georgia Annotated, relating to motor carriers, so as to repeal the presumption in civil actions that certain common carriers are negligent from the mere showing that injury was inflicted by their vehicles. 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Taylor 1730 JOURNAL OF THE SENATE Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bishop Bowen English Hill Langford Newbill Scott Shumake Steinberg Tate Walker of 43rd On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1658. By Representative Watson of the 114th: A bill to amend Code Section 34-26-6 of the Official Code of Georgia Annotated, relating to specific powers and duties of the Commissioner of Labor, so as to provide that the Commissioner of Labor shall have the power, jurisdiction, and authority to initiate and continue to operate an ongoing educational assistance program to include high school through graduate levels for qualified Department of Labor personnel. Senate Sponsor: Senator Pollard of the 24th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster 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 gcott Starr Steinbere rp ,iat<; laylor Thompson Timmons Turner Tysinger Walker of 43rd White Those not voting were Senators: Bowen Garner Hasty Langford Shumake Walker of 22nd On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. WEDNESDAY, MARCH 11, 1992 1731 Senator Gillis of the 20th assumed the Chair at the direction of the President. The following general bill of the House, having been withdrawn from the Senate Com mittee on Judiciary on March 3 and committed to the Senate Committee on Governmental Operations, and favorably reported by the committee, was read the third time and put upon its passage: HB 277. By Representatives Abernathy of the 39th, Randall of the 101st, Smyre of the 92nd and others: A bill to amend Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to dangerous instrumentalities and practices, so as to require persons to keep firearms in a locked container or in another reasonably secure manner. Senate Sponsor: Senator Kidd of the 25th. The Senate Committee on Governmental Operations offered the following amendment: Amend HB 277 by striking from line 7 on page 3 between the word "knows" and the word "that" the word "or". On the adoption of the amendment offered by the Senate Committee on Governmental Operations, the yeas were 38, nays 0, and the amendment was adopted. Senators Kidd of the 25th and Garner of the 30th offered the following amendment: Amend HB 277 by striking from line 2 of page 3 the following: "12", and inserting in lieu thereof the following: "14". On the adoption of the amendment offered by Senators Kidd of the 25th and Garner of the 30th, the yeas were 39, nays 0, and the amendment was adopted. Senators Kidd of the 25th and Garner of the 30th offered the following amendment: Amend HB 277 by striking in their entirety lines 32 through 34 on page 2, which read as follows: "temporarily prevents a firearm from functioning including, but not limited to, a fac tory-installed safety mechanism or device.", and inserting in lieu thereof the following: "prevents a firearm from functioning and which, when applied to the firearm, renders the firearm inoperable." Senator Edge of the 28th offered the following amendment: Amend the amendment offered by Senators Kidd of the 25th and Garner of the 30th to HB 277 by inserting on line 10 of page 1 of the amendment following the word "firearm," the words "by the owner or person in possession of the firearm". On the adoption of the amendment offered by Senator Edge of the 28th, the yeas were 42, nays 0, and the amendment to the amendment offered by Senators Kidd of the 25th and Garner of the 30th was adopted. 1732 JOURNAL OF THE SENATE On the adoption of the amendment offered by Senators Kidd of the 25th and Garner of the 30th, the yeas were 41, nays 4, 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Echols and Perry. Those not voting were Senators: Bowen Deal Gillis (presiding) Johnson Shumake Oi i the passage of the bill, the yeas were 49, nays 2. 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 310. By Representatives Murphy of the 18th and Cummings of the 17th: A bill to amend Code Section 47-6-84 of the Official Code of Georgia Annotated, relating to termination of the retirement allowance of any retired member re turning to state service and to retirement benefits for retired members returning to service in the General Assembly, so as to provide that such retirement allow ance shall not cease for a retired member who returns to state service and who performs no more than 1,040 hours of such service in any calendar year. Senate Sponsor: Senator Tate of the 38th. WEDNESDAY, MARCH 11, 1992 1733 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 Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 310 (LC 21 0902) Georgia Legislative Retirement System This bill would allow certain retired members (who return to state service in a position other than a General Assembly member) to continue receiving retirement benefits provided that the member does not perform more than 1,040 hours of service in any calendar year and does not become eligible for any employee benefits other than those available as a part of the member's retirement benefits. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. 900 (2) The amount of annual normal cost which will result from the bill. $ (3) The employer contribution rate currently in effect. $ 609.14 per employee (4) The employer contribution rate recommended (in conformity with $ 613.41 minimum funding standards specified in Code Section 47-20-10). per employee (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. 900 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment M G. W. Hogan State Auditor 1734 JOURNAL OF THE SENATE September 25, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 310 (LC 21 0902) As requested, we have made an actuarial investigation of the impact of House Bill 310 (LC 21 0902) on the Legislative Retirement System in accordance with the requirements of Code Section 47-20-36. This Bill would provide that the retirement allowance of a retired member who returns to the service of the state in any position other than as a member of the General Assembly shall not cease provided that such member performs no more than 1,040 hours of such ser vice in any calendar year. It is our understanding that this Bill is likely to affect one retired member for three months. Assuming a monthly benefit of $300, the additional annual employer cost is esti mated to be $900. The following table shows the unfunded actuarial accrued liability and recommended employer contributions under the Legislative Retirement System before and after the pro posed amendment. The recommended employer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded Actuarial Accrued Liability Before Amendment $ 313.0 After Amendment $ 313.9 Increase $ 0.9 Annual Contribution $ per Annual $ per Annual $ per Annual Employee Amount Employee Amount Employee Amount Normal $ 479.82 $ 101.2 $ 479.82 $ 101.2 Accrued Liability 129.32 27.3 133.59 28.2 $ 0.00 $ 0.0 4.27 0.9 Total $ 609.14 $ 128.5 $ 613.41 $ 129.4 $ 4.27 $ 0.9 The preceding figures are based on current employee data and on actuarial assumptions and actuarial methods used to prepare the June 30, 1989 actuarial valuation of the System, which included 211 active members under age 70. Sincerely yours, cc: Mr. Rudolph Johnson /s/ Donald M. Overholser Consulting Actuary The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun of 46th Brown of 26th Burton WEDNESDAY, MARCH 11, 1992 1735 Coleman Dean Echols Egan Harris Hasty Hooks Huggins Langford Marable Perdue Perry Pollard Ragan of 10th Ray Scott Tate Taylor Thompson Turner Tysmger Walker of 43rd White Those voting in the negative were Senators: Albert Clay Collins Dawkins Edge Phillips Ragan of 32nd Robinson Starr Those not voting were Senators: Bowen Deal English Foster Garner Gillis (presiding) Hammill Henson Hill Johnson Kidd Moye Newbill Ramsey Shumake Steinberg Timmons Walker of 22nd On the passage of the bill, the yeas were 29, nays 9. The bill, having received the requisite constitutional majority, was passed. HB 1655. By Representatives Buck of the 95th, Harris of the 84th and Birdsong of the 104th: A bill to amend Code Section 48-6-22 of the Official Code of Georgia Annotated, relating to exemptions from intangible taxation, so as to change the provisions relating to exemption of stock held in financial institutions reorganized under the southern region interstate banking law. Senate Sponsor: Senator Perdue of the 18th. 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 Bill Dover, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 20, 1992 SUBJECT: Fiscal Note - House Bill 1655 (LC 18 4784) Intangible Tax Exemption of Certain Stock This Bill would provide intangible tax exemption of stock held in financial institutions which were reorganized prior to January 1, 1992 under the southern region interstate bank ing law. The exemption would apply if the stock of the corporation that was acquired in the reorganization was exempt from intangible tax prior to the reorganization. 1736 JOURNAL OF THE SENATE This Bill would have no significant fiscal impact on state revenues. Based on informa tion obtained from the Department of Revenue, the merger of C&S/Sovran with NCNB to form NationsBank is the only corporation that meets these provisions. Approximately 550 Georgia residents owned stock which would be exempt under these provisions; however, the amount of intangible tax previously paid on these stocks is insignificant. M G. W. Hogan State Auditor /s/ Henry M. Huckaby Office of Planning and Budget The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Broun of 46th Burton Clay Collins Egan Hasty Henson Hooks Huggins Langford Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Tate Thompson Timmons Turner Tysinger Walker of 43rd White Those voting in the negative were Senators: Bishop Brown of 26th Dawkins Edge Harris Taylor Those not voting were Senators: Bowen Coleman DEceehaaolnls English Foster Garner Gillis (presiding) 5HJofih,lmlnmsoi1n1 Kidd Moye Newbill Ramsey Shumake btarr Steinberg Walker of 22nd On the passage of the bill, the yeas were 30, nays 6. 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 1924. By Representative Carter of the 146th: A bill to amend an Act to create a Board of Education for Berrien County, so as to change the composition of the districts from which members are elected. Senator Perry of the 7th moved that the Senate insist upon the Senate substitute to HB 1924. WEDNESDAY, MARCH 11, 1992 1737 On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HB 1924. The following report of the Committee on Enrolling and Journals was read by the Secretary: Mr. President: The Committee on Enrolling and Journals has read and examined the following Senate bill and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor: SB 417. Respectfully submitted, l&l Waymond C. Muggins, Chairman Senator, District 53 Senator Walker of the 43rd moved that the Senate do now adjourn until 9:30 o'clock A.M. tomorrow, and the motion prevailed. At 3:20 o'clock P.M., Senator Gillis of the 20th, who was presiding, announced the Sen ate adjourned until 9:30 o'clock A.M. tomorrow. 1738 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 12, 1992 Thirty-second Legislative Day The Senate met pursuant to adjournment at 9:30 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of yesterday's proceedings had been read and found correct. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 828. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff. HB 1366. By Representative Royal of the 144th: A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to change the composition of the education districts. HB 1800. By Representative Edwards of the 112th: A bill to amend an Act providing for a new charter for the City of Butler, so as to change the composition of the council districts from which the members of the city council are elected. HB 1879. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act providing for a board of elections in certain counties, so as to change the provisions relative to population and census. HB 1909. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th, Lawson of the 9th, Jackson of the 9th and others: A bill to repeal an Act entitled "An Act to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census". HB 1984. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act creating a board of commissioners for Cherokee County, so as to change the composition of the commissioner districts. THURSDAY, MARCH 12, 1992 1739 HB 1985. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend the "Lumpkin County Water and Sewerage Authority Act," so as to change the composition of that authority and provide for terms of office. HB 1987. By Representative Smith of the 78th: A bill to amend an Act creating the Board of Commissioners of Lamar County, so as to change the composition of the commissioner districts from which mem bers of the board of commissioners are elected. HB 1988. By Representative Smith of the 78th: A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to change the composition of eduction dis tricts from which members of the board of education are elected. HB 1999. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, so as to change the descriptions of the education districts for that board of education. HB 2007. By Representatives Parham of the 105th and Lord of the 107th: A bill to amend an Act creating a board of commissioners of Baldwin County, so as to provide for the election of board members from commissioner districts from which members of the board are elected. HB 1763. By Representatives Benefield of the 72nd, Murphy of the 18th, Lee of the 72nd, Chafin of the 72nd, 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 the form that shall be used in reporting of family violence incidents; to provide for collection and publication of data; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to provide for training in investigation of family violence incidents. HB 1391. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purposes, powers, and duties of the Georgia Environmental Facilities Authority, so as to provide that certain funds of the authority can be used for solid waste loan purposes. HB 1942. By Representatives Watson of the 114th, Selman of the 32nd and Byrd of the 153rd: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Con gress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alco holic beverages for consumption on the premises of the projects of or under the control of the authority. HB 1181. By Representatives Ray of the 98th, Edwards of the 112th and Watson of the 114th: A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change provisions relating 1740 JOURNAL OF THE SENATE to prima-facie evidence and presumptions in littering cases; to change provisions relating to unauthorized interference with publicly provided trash or garbage containers. HB 1873. By Representatives Kilgore of the 42nd and Watson of the 114th: A bill to amend Article 3 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to the special quick start training program, so as to change the provisions relating to the establishment of such program and the purposes thereof. HB 1904. By Representatives Jackson of the 9th, Colwell of the 4th and Benefield of the 72nd: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to prohibit the issu ance of permits for loads in excess of 12 feet wide if the load may be readily dismantled or separated. HB 1828. By Representative Parham of the 105th: A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of petition with court for according of program of services to a mentally retarded person, so as to change the provisions relating to when the comprehensive evaluation team is required to file its report. HB 1871. By Representatives Cummings of the 17th, Smith of the 16th, Kilgore of the 42nd, Watson of the 114th, Watts of the 41st and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of fulfilling the requirements of the college preparatory curriculum. HB 1756. By Representatives Byrd of the 153rd, Patten of the 149th and Bargeron of the 108th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to revise the provisions relating to junk or metal dealers; to provide for the regulation of secondary metals recyclers and the sale, transfer, possession, or disposition of regulated metal property. HB 1439. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to substantially revise Chapter 9, "The Georgia Air Quality Act of 1978," so as to define certain terms. HB 1611. By Representative Groover of the 99th: A bill to amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, so as to clarify that burial ground includes private plots; to provide that preservation and protection of bur ial grounds encompasses the cleaning, restoration, maintenance, and upkeep of burial grounds and cemeteries. HB 1004. By Representative Dunn of the 73rd: A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to THURSDAY, MARCH 12, 1992 1741 provide for user fees for the establishment and maintenance of public informa tion services and materials. HB 551. By Representatives Smyre of the 92nd and Green of the 106th: A bill to amend Code Section 47-12-42 of the Official Code of Georgia Annotated, relating to spouses' benefits under the District Attorneys Retirement Fund of Georgia for district attorneys emeritus, so as to provide an option for spouses' benefits for persons presently receiving salaries as district attorneys emeritus. HB 1847. By Representatives Dobbs of the 74th, Colwell of the 4th, Breedlove of the 60th and Smith of the 78th: A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the definition of a certain term; to define an additional term; to provide that the provisions of said chapter shall apply to certain multifamily dwellings constructed for first occupancy after March 31, 1993. HB 1129. By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th, Lee of the 72nd, Buck of the 95th and others: A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officers, so as to provide by law for the com pensation of certain state officials whose compensation was previously fixed in some other manner. HB 1776. By Representatives Thomas of the 69th, Cauthorn of the 20th and Chambless of the 133rd: A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, so as to provide that a plea of not guilty by reason of insanity at the time of the crime shall not be accepted until after an examination has been con ducted on such person. HB 1710. By Representatives Davis of the 45th, Cauthorn of the 20th, Oliver of the 53rd, Tolbert of the 58th, Lawson of the 9th and others: A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to change the size of the jury panel in felony cases. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 966. By Representative Hudson of the 117th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of water and sanitary sewer lines in, on, over, upon, across, or through property owned by the State of Georgia in Pulaski County. HR 1017. By Representatives Royal of the 144th and Powell of the 145th: A resolution consenting to the annexation of certain state owned real property located in Colquitt County into the corporate limits of the City of Moultrie. HR 732. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, 1742 JOURNAL OF THE SENATE municipal corporations, political subdivisions, local authorities, and other local governmental entities for solid waste recycling and other solid waste facilities or systems. HR 930. By Representatives Lane of the lllth, Alford of the 57th, Yeargin of the 14th and Kingston of the 125th: A resolution urging the Congress of the United States and the federal Environ mental Protection Agency to move carefully and slowly in adopting reasonable rules, regulations, and guidelines regarding motor vehicle emission inspection equipment and standards and to allow the use of the Bar 90 testing system. HR 878. By Representative Carrell of the 65th: A resolution compensating Mr. Ricky Lee Boynton. HR 955. By Representative Padgett of the 86th: A resolution compensating Ms. Rosa L. Bedell. HR 723. By Representative Dixon of the 128th: A resolution compensating Mr. John Wesley Ulmer, Jr. HR 843. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution compensating Mr. Tom Watson Brown. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning prop erty for, or operating, an airport outside their territorial boundaries except with the consent of the governing authority of the county, city, or other political sub division wherein the airport is to be located. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 849. 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 provide for studies and performance audits in con nection with the county road improvement project; to provide for the purpose of such studies and audits; to provide for reports and public inspection thereof; to provide for the hiring of independent firms; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 850. By Senators Ramsey of the 54th and Hasty of the 51st: A bill to provide that investigators appointed to assist the district attorney of the Conasauga Circuit may be authorized by the district attorney to make arrests; to provide a procedure for such written authorization. Referred to Committee on Urban and County Affairs. THURSDAY, MARCH 12, 1992 1743 SB 851. By Senator Hasty of the 51st: A bill to amend an Act reincorporating the Town of Canton, as amended, so as to provide that the mayor and city council are authorized to take all necessary mea sures to keep the city free from garbage and similar material. Referred to Committee on Urban and County Affairs. SB 852. By Senator Foster of the 50th: A bill to amend an Act providing that the judge of the Probate Court of Habersham County shall serve as chief magistrate of the Magistrate Court of Habersham County so as to provide for the term, filling of vacancies, and compensation for the office of chief magistrate; to provide for salary suspension; to provide for constables; to provide an effective date; to provide for automatic repeal of this Act. Referred to Committee on Urban and County Affairs. SB 853. By Senator Scott of the 36th: A bill to amend an Act creating the Board of Commissioners of Fulton County, as amended, so as to revise commissioner districts for the election of members of the board of commissioners; to provide for definitions and insertions; to provide for submission of this Act to the United States Attorney General; to provide when this Act shall be void and repealed. Referred to Committee on Urban and County Affairs. SB 854. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend an Act creating the Board of Commissioners of Glynn County, as amended, so as to change the composition of the commissioner districts; to pro vide for certain definitions and inclusions; to require submission of this Act to the United States Attorney General for certain approval; to provide for auto matic repeal of this Act under certain circumstances. Referred to Committee on Urban and County Affairs. SB 855. By Senators Hammill of the 3rd and Echols of the 6th: A bill to amend an Act to consolidate and amend an Act to regulate public in struction in the County of Glynn, and the several Acts amendatory thereof, and for other purposes herein mentioned, as amended, so as to provide for the elec tion and terms of the members of the Board of Education of Glynn County; to provide for election districts. Referred to Committee on Urban and County Affairs. SB 856. By Senator Baldwin of the 29th: A bill to amend an Act providing a board of education of Troup County, as amended, so as to reapportion the education districts; to provide for definitions and inclusions; to provide for submission of this Act to the United States Attor ney General; to provide when this Act shall be void and repealed. Referred to Committee on Urban and County Affairs. SB 857. By Senator Dean of the 31st: A bill to amend Code Section 12-3-522 of the Official Code of Georgia Annotated, relating to creation of the Georgia Music Hall of Fame Authority, so as to change provisions relating to compensation of members of the authority; to make a cor responding amendment to Code Section 45-7-21 of the Official Code of Georgia Annotated, relating to expense allowances and travel cost reimbursement for 1744 JOURNAL OF THE SENATE members of certain boards and commissions; to provide for related matters; to provide an effective date. Referred to Committee on Economic Development and Tourism. SR 540. By Senator Newbill of the 56th: A resolution urging state agencies implementing roadway lighting projects using state funds to use alternative technologies or methods to minimize glare, sky glow, and light trespass. Referred to Committee on Transportation. The following bills and resolutions of the House were read the first time and referred to committees: HB 551. By Representatives Smyre of the 92nd and Green of the 106th: A bill to amend Code Section 47-12-42 of the Official Code of Georgia Annotated, relating to spouses' benefits under the District Attorneys Retirement Fund of Georgia for district attorneys emeritus, so as to provide an option for spouses' benefits for persons presently receiving salaries as district attorneys emeritus. Referred to Committee on Retirement. HB 1004. By Representative Dunn of the 73rd: A bill to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to provide for user fees for the establishment and maintenance of public informa tion services and materials. Referred to Committee on Finance and Public Utilities. HB 1129. By Representatives Coleman of the 118th, Murphy of the 18th, Walker of the 115th and others: A bill to amend Chapter 7 of Title 45 of the Official Code of Georgia Annotated, relating to compensation of public officers, so as to provide by law for the com pensation of certain state officials whose compensation was previously fixed in some other manner. Referred to Committee on Appropriations. HB 1181. By Representatives Ray of the 98th, Edwards of the 112th and Watson of the 114th: A bill to amend Part 2 of Article 2 of Chapter 7 of Title 16 of the Official Code of Georgia Annotated, the "Litter Control Law," so as to change provisions relating to prima-facie evidence and presumptions in littering cases; to change provisions relating to unauthorized interference with publicly provided trash or garbage containers. Referred to Committee on Special Judiciary. HB 1391. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 50-23-5 of the Official Code of Georgia Annotated, relating to purposes, powers, and duties of the Georgia Environmental Facilities Authority, so as to provide that certain funds of the authority can be used for solid waste loan purposes. Referred to Committee on Natural Resources. THURSDAY, MARCH 12, 1992 1745 HB 1439. By Representatives Patten of the 149th, Lane of the lllth and Alford of the 57th: A bill to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to substantially revise Chapter 9, "The Georgia Air Quality Act of 1978," so as to define certain terms. Referred to Committee on Natural Resources. HB 1611. By Representative Groover of the 99th: A bill to amend Chapter 72 of Title 36 of the Official Code of Georgia Annotated, relating to abandoned cemeteries and burial grounds, so as to clarify that burial ground includes private plots; to provide that preservation and protection of bur ial grounds encompasses the cleaning, restoration, maintenance, and upkeep of burial grounds and cemeteries. Referred to Committee on Special Judiciary. HB 1710. By Representatives Davis of the 45th, Cauthorn of the 20th, Oliver of the 53rd and others: A bill to amend Part 2 of Article 5 of Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to trial juries in felony cases, so as to change the size of the jury panel in felony cases. Referred to Committee on Judiciary. HB 1756. By Representatives Byrd of the 153rd, Patten of the 149th and Bargeron of the 108th: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to revise the provisions relating to junk or metal dealers; to provide for the regulation of secondary metals recyclers and the sale, transfer, possession, or disposition of regulated metal property. Referred to Committee on Insurance and Labor. HB 1763. By Representatives Benefield of the 72nd, Murphy of the 18th, Lee 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 the form that shall be used in reporting of family violence incidents; to provide for collection and publication of data; to amend Title 35 of the Official Code of Georgia Annotated, relating to law enforcement, so as to provide for training in investigation of family violence incidents. Referred to Committee on Judiciary. HB 1776. By Representatives Thomas of the 69th, Cauthorn of the 20th and Chambless of the 133rd: A bill to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon plea of insanity or mental incompetency at the time of the crime, so as to provide that a plea of not guilty by reason of insanity at the time of the crime shall not be accepted until after an examination has been con ducted on such person. Referred to Committee on Judiciary. HB 1828. By Representative Parham of the 105th: A bill to amend Code Section 37-4-40 of the Official Code of Georgia Annotated, relating to the filing of petition with court for according of program of services to 1746 JOURNAL OF THE SENATE a mentally retarded person, so as to change the provisions relating to when the comprehensive evaluation team is required to file its report. Referred to Committee on Health and Human Services. HB 1847. By Representatives Dobbs of the 74th, Colwell of the 4th, Breedlove of the 60th and Smith of the 78th: A bill to amend Chapter 3 of Title 30 of the Official Code of Georgia Annotated, relating to access to and use of public facilities by physically handicapped per sons, so as to change the definition of a certain term; to define an additional term; to provide that the provisions of said chapter shall apply to certain multifamily dwellings constructed for first occupancy after March 31, 1993. Referred to Committee on Health and Human Services. HB 1871. By Representatives Cummings of the 17th, Smith of the 16th, Kilgore of the 42nd and others: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that American sign language shall be considered to be a foreign language for the purposes of fulfilling the requirements of the college preparatory curriculum. Referred to Committee on Education. HB 1873. By Representatives Kilgore of the 42nd and Watson of the 114th: A bill to amend Article 3 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to the special quick start training program, so as to change the provisions relating to the establishment of such program and the purposes thereof. Referred to Committee on Education. HB 1904. By Representatives Jackson of the 9th, Colwell of the 4th and Benefield of the 72nd: A bill to amend Code Section 32-6-28 of the Official Code of Georgia Annotated, relating to permits for excess weight and dimensions, so as to prohibit the issu ance of permits for loads in excess of 12 feet wide if the load may be readily dismantled or separated. Referred to Committee on Transportation. HB 1942. By Representatives Watson of the 114th, Selman of the 32nd and Byrd of the 153rd: A bill to amend Code Section 10-9-4 of the Official Code of Georgia Annotated, relating to the purposes and powers of the Geo. L. Smith II Georgia World Con gress Center Authority, so as to establish the manner, methods, times, and other means under which the authority or those acting under its consent may sell alco holic beverages for consumption on the premises of the projects of or under the control of the authority. Referred to Committee on Economic Development and Tourism. HR 723. By Representative Dixon of the 128th: A resolution compensating Mr. John Wesley Ulmer, Jr. in the sum of $3,475.69. Referred to Committee on Appropriations. THURSDAY, MARCH 12, 1992 1747 HR 732. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A resolution proposing an amendment to the Constitution so as to provide that general obligation debt may be incurred by the state to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local governmental entities for solid waste recycling and other solid waste facilities or systems. Referred to Committee on Appropriations. HR 843. By Representatives Dobbs of the 74th and Stancil of the 66th: A resolution compensating Mr. Tom Watson Brown in the sum of $1,200.00. Referred to Committee on Appropriations. HR 878. By Representative Carrell of the 65th: A resolution compensating Mr. Ricky Lee Boynton in the sum of $1,602.00. Referred to Committee on Appropriations. HR 930. By Representatives Lane of the lllth, Alford of the 57th, Yeargin of the 14th and Kingston of the 125th: A resolution urging the Congress of the United States and the federal Environ mental Protection Agency to move carefully and slowly in adopting reasonable rules, regulations, and guidelines regarding motor vehicle emission inspection equipment and standards and to allow the use of the Bar 90 testing system. Referred to Committee on Natural Resources. HR 955. By Representative Padgett of the 86th: A resolution compensating Ms. Rosa L. Bedell in the sum of $566.77. Referred to Committee on Appropriations. HR 966. By Representative Hudson of the 117th: A resolution authorizing the granting of a nonexclusive easement for operation and maintenance of water and sanitary sewer lines in, on, over, under, upon, across, or through property owned by the State of Georgia in Pulaski County. Referred to Committee on Finance and Public Utilities. HR 1017. By Representatives Royal of the 144th and Powell of the 145th: A resolution consenting to the annexation of certain state owned real property located in Colquitt County into the corporate limits of the City of Moultrie. Referred to Committee on Finance and Public Utilities. HB 828. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend an Act placing the sheriff of Rabun County on a salary, so as to change the compensation of the sheriff. Referred to Committee on Urban and County Affairs. HB 1366. By Representative Royal of the 144th: A bill to amend an Act providing for the election of the members of the Board of Education of Mitchell County, so as to change the composition of the education districts. Referred to Committee on Urban and County Affairs. 1748 JOURNAL OF THE SENATE HB 1800. By Representative Edwards of the 112th: A bill to amend an Act providing for a new charter for the City of Butler, so as to change the composition of the council districts from which the members of the city council are elected. Referred to Committee on Urban and County Affairs. HB 1879. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend an Act providing for a board of elections in certain counties, so as to change the provisions relative to population and census. Referred to Committee on Urban and County Affairs (General). HB 1909. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th and others: A bill to repeal an Act entitled "An Act to provide for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this State having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census". Referred to Committee on Urban and County Affairs (General). HB 1984. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act creating a board of commissioners for Cherokee County, so as to change the composition of the commissioner districts. Referred to Committee on Urban and County Affairs. HB 1985. By Representatives Colwell of the 4th and Twiggs of the 4th: A bill to amend the "Lumpkin County Water and Sewerage Authority Act," so as to change the composition of that authority and provide for terms of office. Referred to Committee on Urban and County Affairs. HB 1987. By Representative Smith of the 78th: A bill to amend an Act creating the Board of Commissioners of Lamar County, so as to change the composition of the commissioner districts from which mem bers of the board of commissioners are elected. Referred to Committee on Urban and County Affairs. HB 1988. By Representative Smith of the 78th: A bill to amend an Act providing for the election of members of the Board of Education of Lamar County, so as to change the composition of education dis tricts from which members of the board of education are elected. Referred to Committee on Urban and County Affairs. HB 1999. By Representatives Stancil of the 8th, Pinholster of the 8th and Barnett of the 10th: A bill to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, so as to change the descriptions of the education districts for that board of education. Referred to Committee on Urban and County Affairs. THURSDAY, MARCH 12, 1992 1749 HB 2007. By Representatives Parham of the 105th and Lord of the 107th: A bill to amend an Act creating a board of commissioners of Baldwin County, so as to provide for the election of board members from commissioner districts from which members of the board are elected. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Corrections 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 1607. Do pass by substitute. HB 1170. Do pass. Respectfully submitted, Senator Ray of the 19th District, Chairman Mr. President: The Committee on Education has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 1931. Do pass as amended. Respectfully submitted, Senator Foster of the 50th District, Chairman Mr. President: The Committee on Finance and Public Utilities has had under consideration the follow ing bills and resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1243. Do pass. HB 1314. Do pass. HB 1663. Do pass. HB 1256. Do pass. HB 1633. Do pass. HR 133. Do pass. HB 1667. Do pass. HR 840. Do pass. HB 1694. Do pass. HB 1397. Do pass. HB 1750. Do pass. HB 1595. Do pass as amended. Respectfully submitted, Senator Starr of the 44th District, Chairman Mr. President: The Committee on Governmental Operations has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1290. Do pass as amended. HB 1372. Do pass by substitute. HB 1613. Do pass. HB 1680. Do pass by substitute. HB 1580. Do pass. Respectfully submitted, Senator Kidd of the 25th District, Chairman 1750 JOURNAL OF THE SENATE Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 538. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 1642. Do pass as amended. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Natural Resources has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 124. Do pass as amended. HB 1394. Do pass as amended. HB 1386. Do pass by substitute. Respectfully submitted, Senator Gillis of the 20th District, Chairman Mr. President: The Committee on Public Safety has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1445. Do pass. HB 1462. Do pass. HB 1478. Do pass. Respectfully submitted, Senator Bowen of the 13th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 447. Do pass. THURSDAY, MARCH 12, 1992 1751 HB 1593. Do pass. HB 1753. Do pass. Respectfully submitted, Senator Tate of the 38th 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 534. Do pass by substitute. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Special Judiciary has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 213. Do pass by substitute. HB 1528. Do pass. HB 1706. Do pass by substitute. HB 1927. Do pass. Respectfully submitted, Senator Edge of the 28th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 694. SB 829. HB 1973. HB 1982. Do pass as amended. HB 1983. Do pass. Do pass. HB 1986. Do pass as amended. Do pass. SB 827. Do pass. Do pass. HB 1359. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SB 630. By Senators English of the 21st, Hasty of the 51st, Ragan of the 10th and others: A bill to amend Chapter 15 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Aquaculture Development Act," so as to provide for aquaculture registration; to amend Title 27 of the Official Code of Georgia Anno tated, known as the "Game and Fish Code," so as to change certain definitions; to change certain provisions relating to fish and the sale of fish by commercial fish hatcheries; to provide for other matters relating to fish and aquaculture. 1752 JOURNAL OF THE SENATE SB 759. By Senators Collins of the 17th, Edge of the 28th, Deal of the 49th and Perdue of the 18th: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to visitation rights of grandparents, so as to provide factors to be used in granting visitation rights to grandparents. SB 808. By Senator Tysinger of the 41st: A bill to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to the procedure for the authorization of bonded debt, so as to change the population figure designating counties in which legal advertisement of a bond election shall contain certain references. SB 815. By Senators Edge of the 28th and Broun of the 46th: A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to further describe legislative in tent; to modify certain requirements that two physicians concur in a determina tion that a person is a candidate for nonresuscitation; to change the definition of "medically futile"; to clarify a patient's presumption of consent; to clarify con sent provisions regarding authorized persons. SB 832. By Senators Ragan of the 32nd, Newbill of the 56th, Clay of the 37th and Thompson of the 33rd: A bill to amend Code Section 21-2-213 of the Official Code of Georgia Annotated, relating to county registrars and deputy registrars, so as to revise the population figures describing the counties in which registrars and deputy registrars of mu nicipalities lying wholly within such counties shall be appointed as deputy county registrars. SB 838. By Senator Thompson of the 33rd: A bill to amend Code Section 36-82-4.1 of the Official Code of Georgia Anno tated, relating to binding statements of intention concerning the use of bond funds and related matters, so as to revise the population figures describing the counties to which the Code section applies. SB 839. By Senator Thompson of the 33rd: A bill to amend Code Section 7-1-601 of the Official Code of Georgia Annotated, relating to branch banks, so as to revise the population figure describing counties in which are located parent banks authorized to establish branch banks within certain adjacent counties. SR 439. By Senators Pollard of the 24th, Harris of the 27th and Kidd of the 25th: A resolution creating the Joint Study Committee on Indigent Defense. SR 511. By Senator Gillis of the 20th: A resolution creating the Joint Study Committee on State and Local Government Environmental Enforcement Authority. HB 681. By Representatives Childers of the 15th, Wilder of the 21st, Parham of the 105th and others: A bill to amend Code Section 51-1-29.1 of the Official Code of Georgia Anno tated, relating to liability of volunteer health care providers, so as to extend the immunity from liability to other health care providers and facilities and remove certain limitations and establish others. THURSDAY, MARCH 12, 1992 1753 HB 1523. By Representatives Poston of the 2nd, Simpson of the 70th and Cauthorn of the 20th: A bill to amend Chapter 6 of Title 16 of the Official Code of Georgia Annotated, relating to sexual offenses, so as to provide for the offense of sexual assault against persons under psychotherapeutic care. HB 1945. By Representative Smith of the 78th: A bill to amend Code Section 48-5-40 of the Official Code of Georgia Annotated, relating to definitions regarding ad valorem tax exemptions, so as to revise and change the population and census application of certain provisions including within the definition of homestead certain property in all counties of this state having a population of not less than 10,450 nor more than 10,650 according to the United States decennial census of 1970 or any future such census. HB 1951. By Representatives Lucas of the 102nd, Randall of the 101st, Groover of the 99th and others: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment, qualifications, and tenure of housing authority com missioners, so as to change the provisions relating to the composition of the hous ing authority in certain cities; to change a certain population bracket. The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th urton Coleman Collins Dawkins Deai Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Hen8on Hm Hooks Muggins Jo^80n Kldd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not answering were Senators: Hammill Shumake Steinberg Walker of 43rd The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Starr of the 44th introduced the chaplain of the day, Dr. Charles Q. Carter, pastor of First Baptist Church of Jonesboro, Jonesboro, Georgia, who offered scripture read ing and prayer. 1754 JOURNAL OF THE SENATE The following resolutions of the Senate were read and adopted: SR 539. By Senators Tate of the 38th, Langford of the 35th and Walker of the 43rd: A resolution commending Salem Baptist Church and the Reverend Jasper Wil liams, Jr. SR 541. By Senator Baldwin of the 29th: A resolution commending Captain Hugh 0. Sprayberry. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Thursday, March 12, 1992 THIRTY-SECOND LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) *SB 694 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th Steinberg, 42nd Henson, 55th FULTON COUNTY CITY OF ATLANTA A bill to amend an Act reincorporating the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide for an additional penalty in cases in which fines are imposed and for an additional sum to be posted for bails and bonds in the Municipal Court of Atlanta. (AMENDMENT) SB 827 Moye, 34th FAYETTE COUNTY A bill to amend an Act creating the Board of Commissioners of Fayette County, so as to provide for an increase in the amount of compensation for the chairman of the Board of Commissioners of Fayette County and the members of the Board of Commissioners of Fayette County. SB 829 ** Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the provisions relating to districts for the election of commis sioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commissioners; to change the compensation of the chairman of the board of commissioners. THURSDAY, MARCH 12, 1992 1755 HB 1359 Timmons, llth MITCHELL COUNTY A bill to amend an Act providing for a Board of Commissioners of Mitchell County, so as to change the composition of the commissioner districts. HB 1973 Ray, 19th CITY OF DOUGLAS A bill to amend an Act creating the charter for the City of Douglas, so as to continue the two-year term of the office for city commissioner. HB 1982 Hooks, 14th SUMTER COUNTY A bill to create public body corporate and politic and an instrumentality of the County of Sumter, to be known as the Sumter County Industrial Devel opment Authority. HB 1983 Johnson, 47th HART COUNTY A bill to provide for homestead exemptions from Hart County ad valorem taxes for county purposes and from Hart County School District ad valorem taxes for educational purposes for certain residents of that county and school district. *HB 1986 Dawkins, 45th NEWTON COUNTY A bill to amend an Act creating the Newton County Water and Sewerage Authority, so as to raise the limit on the issuance of negotiable revenue bonds. (AMENDMENT) THE FOLLOWING OBJECTIONS WERE RECORDED: SB 829** Senators Thompson of the 33rd, Ray of the 19th, Perdue of the 18th and others re quested, as provided for in Senate Rule 113, that SB 829 be moved to the Senate Local Contested Calendar; SB 829 was placed on the Senate Local Contested Calendar for today. The amendments to the following bills were put upon their adoption: *SB 694: The Senate Committee on Urban and County Affairs offered the following amendment: Amend SB 694 by striking from line 27 of page 1 through line 2 of page 2 the following: "posted, and in every case in which the court orders the forfeiture of bail or bond, the additional sum posted", and inserting in its place the following: "added to the principal bond amount, and in every case in which such court enters judgment on such bail or bond, such additional 10 percent sum posted at the execution of such bail or bond shall be paid pursuant to the time frame provided for in paragraph (1) of subsection (f) of Code Section 17-6-72 of the O.C.G.A. and". By striking from lines 5 and 6 of page 2 the following: "sum for forfeiture of bails and bonds", 1756 JOURNAL OF THE SENATE and inserting in its place the following: "10 percent sum posted at the execution of the bail or bond". On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted. *HB 1986: The Senate Committee on Urban and County Affairs offered the following amendment: Amend HB 1986 by inserting on line 25 of page 1 between the number "82" and the word "of the following: "of Title 36". On the adoption of the amendment, the yeas were 50, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, except SB 829, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th C.luaryon DCoawlliknisns Deal Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hugogi?ns JKoihdndson Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Rav Robinson Starr _Steinberg Tylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Garner Newbill Scott Shumake Timmons On the passage of all the local bills, the yeas were 50, nays 0. All the bills on the Senate Local Consent Calendar, except SB 694, SB 829 and HB 1986, having received the requisite constitutional majority, were passed. SB 694 and HB 1986, having received the requisite constitutional majority, were passed as amended. THURSDAY, MARCH 12, 1992 1757 SB 829 was moved to the Senate Local Contested Calendar for today. SENATE LOCAL CONTESTED CALENDAR Thursday, March 12, 1992 THIRTY-SECOND LEGISLATIVE DAY The following local bill of the Senate, 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: SB 829.** By Senators Ragan of the 32nd, Newbill of the 56th and Clay of the 37th: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commissioners; to change the compensation of the chairman of the board of commissioners. Senator Thompson of the 33rd moved that SB 829 be postponed until Wednesday, March 18. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Coleman Dawkins Deal Dean Echols English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Steinberg Tate Thompson Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Burton Clay Collins Edge Egan Newbill Phillips Ragan of 32nd Tysinger White Those not voting were Senators: Brown of 26th Shumake Starr Taylor Timmons Turner On the motion, the yeas were 39, nays 11; the motion prevailed, and SB 829 was post poned until Wednesday, March 18. 1758 JOURNAL OF THE SENATE The following local bill of the House was taken up for the purpose of considering the House amendment to the Senate substitute thereto: HB 1684. By Representative Parham of the 105th: A bill to repeal an Act providing for the appointment of the chief magistrate and other magistrates of the Magistrate Court of Baldwin County. The House amendment was as follows: Amend the Senate substitute to HB 1684 by striking from lines 28 and 29 on page 4 the following: "Robert H. Green, Judge, v. Drinnon Inc. DBA Union Recorder Docket No. S92A086", and inserting in lieu thereof the following: "Quo Warranto - Regarding the Magistrate Court of Baldwin County Docket No. S92A0504". Senator Kidd of the 25th moved that the Senate agree to the House amendment to the Senate substitute to HB 1684. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay 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 Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Shumake Starr Steinberg Timmons 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 1684. The following uncontested population bills of the Senate and House, favorably reported THURSDAY, MARCH 12, 1992 1759 by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, were put upon their passage: SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS Thursday, March 12, 1992 THIRTY-SECOND LEGISLATIVE DAY SB 746 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Steinberg, 42nd Henson, 55th CITY OF ATLANTA A bill to amend Code Section 3-3-7 of the O.C.G.A., relating to local authori zation and regulation of sales of alcoholic beverages on Sunday, so as to au thorize the sale of alcoholic beverages on Sunday at festivals in all municipal ities of this state with a population of 300,000 or more according to the United States decennial census of 1970 or any such future census. SB 789 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act providing for the protection of pension rights of county officers and employees of certain counties, so as to change the popula tion figures. SB 792 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act applying to counties having a population of 500,000 or more by the United States Census of 1960 or any future census whose gov erning authorities are required by law to pay pensions from the county trea sury of such county to retired county policemen and firemen, so as to change the population figures. SB 793 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Bishop, 15th Robinson, 16th MUSCOGEE COUNTY 1760 JOURNAL OF THE SENATE Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Coleman, 1st Alien, 2nd Hammill, 3rd CHATHAM COUNTY A bill to amend Code Section 48-5-354 of the O.C.G.A., relating to exemption of certain salesmen and merchants from municipal taxes and license fees, so as to change the population figures in certain counties. SB 794 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend Code Section 15-12-11 of the O.C.G.A., relating to the ap pointment of court personnel in certain counties, so as to change the popula tion figures designating the counties in which the judges of the superior court are authorized to appoint a jury clerk. SB 795 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend Code Section 47-2-296 of the O.C.G.A., relating to county probation system employees, so as to change the population figures designat ing counties in which certain employees of the county probation system are to continue as members of a local retirement system. SB 796 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend Code Section 21-2-233 of the O.C.G.A., relating to the prepa ration of the list of electors, so as to change the population brackets. SB 797 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act providing that counties having a certain population shall furnish aid and relief and pensions to regular members of the county police departments, so as to change the language and population figures. SB 798 Moye, 34th Langford, 35th Scott, 36th Burton, 5th Tysinger, 41st Steinberg, 42nd THURSDAY, MARCH 12, 1992 1761 Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend Code Section 47-14-50 of the O.C.G.A., relating to payments to fund from fines and bonds collected in criminal and quasi-criminal cases, so as to change the population figures designating counties in which said Code Section is inapplicable. SB 799 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend Code Section 36-6-16.1 of the O.C.G.A., relating to the de posit of funds held for the benefit of third persons or litigants by officers of a county or court in the treasury of counties having a certain population figure, so as to change the population figure. SB 800 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend Code Section 9-13-161.1 of the O.C.G.A., relating to the hold ing of sales of personal property at a place other than the courthouse where such sale would create an undue traffic hazard, so as to change the popula tion figures. SB 801 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend Code Section 50-5-184 of the O.C.G.A., relating to the re quirement of the Department of Administrative Services to promote joint use of public safety radio services and economical delivery of services, so as to change the population figures designating the counties to which provisions of said Code Section shall not apply. SB 802 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend Code Section 21-2-213 of the O.C.G.A., relating to the quali fications of registrars, so as to change the population figure designating the 1762 JOURNAL OF THE SENATE counties in which the board of registrars and elections shall appoint the reg istrars and deputy registrars of each municipality lying wholly within the boundaries of any such county as deputy registrars of such county. SB 803 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Phillips, 9th White, 48th GWINNETT COUNTY A bill to amend Code Section 48-5-404 of the O.C.G.A., relating to the collec tion of county school taxes by the tax commissioner or tax collectors, so as to change the population brackets designating the counties in which 1.9 percent of the funds collected shall be retained by the tax commissioner or tax collec tor or remitted to the county governing authority. SB 804 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Phillips, 9th White, 48th GWINNETT COUNTY A bill to amend Code Section 15-16-10 of the O.C.G.A., relating to the duties of a sheriff, so as to change the population brackets with respect to the duties of sheriffs of certain counties toward persons charged with a violation of a county ordinance. SB 805 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act providing that in all counties with a certain popula tion, the office of the justice of the peace emeritus shall be created, so as to change the population figures. SB 806 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act fixing the salaries of certain judges of certain courts within certain counties, so as to change the population figures of those desig nated counties. THURSDAY, MARCH 12, 1992 1763 SB 807 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend Code Section 21-2-211 of the O.C.G.A., relating to the ap pointment and compensation of county registrars, so as to change the popula tion figure to provide that in certain counties the governing authority of the county shall appoint the county registrars. SB 809 Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act providing for the defense of indigents in certain coun ties, so as to change the population figures of those designated counties. HB 1759 Hammill, 3rd MCINTOSH COUNTY Ray, 19th PULASKI COUNTY English, 21st JENKINS COUNTY Timmons, llth RANDOLPH COUNTY A bill to amend an Act providing for a board of elections in counties having a certain population, so as to repeal in its entirety said Act. 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 GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay 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 Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd White 1764 JOURNAL OF THE SENATE Those not voting were Senators: Coleman Pollard Shumake Thompson Timmons On the passage of all the population bills, the yeas were 51, nays 0. All the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, having received the requisite constitutional majority, were passed. SENATE RULES CALENDAR Thursday, March 12, 1992 THIRTY-SECOND LEGISLATIVE DAY SB 638 State Properties Commission--reports on proposed property acquisition, lease (Approp--47th) SB 745 Hazardous Waste Facilities--selecting sites (Substitute) (Nat R--16th) SB 779 Speed Detection Devices--no license required if in compliance with Federal Communications Commission (Judy--33rd) SB 787 Assistant District Attorneys--redefine "LL.M. degree" (S Judy--28th) SB 731 Hospital Financing Authority Act--certain definitions (Amendment) (H&HS--8th) SB 831 State Employee Leave--certain family/medical purposes (YA&HE--42nd) SB 834 Drug Trafficking--offense of methamphetamine trafficking (Judy--17th) SR 485 Joseph E. Brown Parkway--designate (Amendment) (Trans--51st) SB 811 Mentally Retarded--county boards of health provide community services (H&HS--44th) SB 817 Augusta Judicial Circuit--receipt of fines by counties comprising (Amendment) (Judy--22nd) SR 409 Senate Firefighter Training Study Committee--create (Rules--54th) SR 524 Prostate Cancer--urge certain tests for early detection (H&HS--52nd) SB 791 Sale of Laws, Senate and House Journals--price, deposit of funds (S Judy--30th) SB 569 Controlled Substances--percent or amount of money seized to informant (Sub stitute) (Judy--30th) SB 776 Southern Judicial Circuit--additional superior court judge (Substitute) (Judy--8th) SB 828 Wills Lost, Destroyed--revocability (Substitute) (Judy-55th) HB 1344 Insurance Commissioner--revise financial regulatory capabilities (I&L--12th) HB 1497 Food, Beverage/Standards, Labeling--define "spring water" (Amendment) (Nat R--16th) HB 1487 Motor Vehicle Points--failure to secure load (Amendment) (S Judy--36th) HB 1596 Public Retirement System--create Georgia Defined Contribution Plan (Ret--12th) HB 1297 Industrial Loans, Manufactured Housing, Fire Regulations--Insurance Commis sioner's fees (Amendment) (I&L--16th) HB 1476 Workers' Compensation Insurance Rates--adverse experience modification fac tors (Substitute) (I&L--22nd) THURSDAY, MARCH 12, 1992 1785 HB 244 Prisoners Testing Below Fifth-Grade Level on Reading Tests--educational in struction (Corr--35th) HB 1571 Cosmetology--delete certain requirements on licensure, certain students (H&HS--22nd) HB 900 Trial Judges, Solicitors Retirement--ineligibility for senior judge, District Attor ney emeritus (Ret--44th) HB 1503 Minimum Fire Safety Standards--application (I&L--12th) HB 150 Alcohol Possession Those Under 21 Years of Age--risk reduction program (Sub stitute) (S Judy--28th) HB 1453 Park, Recreation Area Violations--probate court jurisdiction (Nat R--20th) HB 1371 Civil Office--residency requirements (Gov Op--25th) HB 1296 Criminal Justice Incident/Complaint Forms--identify student victims (Judy--18th) HB 1299 Internal Revenue Code--incorporate federal provisions into Georgia law (F&PU--44th) HB 1644 Write-in Candidate--requirements for filing intention (Gov Op--28th) Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 638. By Senators Johnson of the 47th, Garner of the 30th and Deal of the 49th: A bill to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, the "Budget Act," and Code Section 50-16-38 of the Offi cial Code of Georgia Annotated, relating to acquisition of real property through the State Properties Commission, so as to provide for the issuance of reports by the State Properties Commission with respect to certain proposed acquisitions and leases of real property by units of state government. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg 1766 JOURNAL OF THE SENATE Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Huggins Shumake Taylor Timmons On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Steinberg of the 42nd introduced a group affiliated with the Atlanta Area Chapter of the Alzheimer's Association which was commended by SR 532, adopted previously. The following general bills of the Senate, favorably reported by the committees, were read the third time, and put upon their passage: SB 745. By Senators Robinson of the 16th and Edge of the 28th: A bill to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "General Hazardous Waste Management Act," so as to provide for criteria for siting hazardous waste storage, treatment, and disposal facilities; to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Au thority Act," so as to require the authority to develop procedures and criteria for selecting sites for hazardous waste facilities. The Senate Committee on Natural Resources offered the following substitute to SB 745: A BILL To be entitled an Act to amend Article 3 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," so as to provide for criteria for siting commercial hazardous waste disposal or incinerator facilities; to provide for a definition; to provide for the basis of such criteria; to provide requirements for the issuance of permits; to repeal the provisions relating to the effect of other laws on permits issued under said article and the rules and regulations adopted pursuant to said article; to amend Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Anno tated, known as the "Georgia Hazardous Waste Management Authority Act," so as to re quire the authority to develop procedures and criteria for selecting sites for hazardous waste facilities; to provide standards for such sites and criteria; 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 12 of the Official Code of Georgia Annotated, known as the "Georgia Hazardous Waste Management Act," is amended by striking Code Section 12-8-64, relating to powers and duties of the Board of Natural Resources, and in serting in lieu thereof a new Code Section 12-8-64 to read as follows: "12-8-64. (a) In the performance of its duties, the board shall have and may exercise the power to: (1) Adopt, promulgate, modify, amend, and repeal rules and regulations to implement and enforce the provisions of this article as the board may deem necessary to provide for the control and management of hazardous waste to protect the environment and the health of THURSDAY, MARCH 12, 1992 1767 humans. Such rules and regulations may be applicable to the state as a whole or may vary from area to area, as may be appropriate to facilitate the accomplishment of the provisions, purposes, and policies of this article. The rules and regulations shall include, but shall not be limited to, the following: (A) Rules and regulations governing and controlling standards applicable to hazardous waste generators, hazardous waste transporters, and owners or operators of hazardous waste treatment, storage, or disposal facilities. These rules and regulations may include measures to ensure that hazardous waste management practices are regulated, governed, and con trolled in the public interest. Such measures may include, but shall not be limited to: (i) The establishment of record-keeping procedures; (ii) Requirements calling for the submission of reports to the director; and (iii) The establishment of monitoring practices; (B) Rules and regulations governing and controlling the treatment, storage, and dispo sal of hazardous waste; (C) Rules and regulations specifying the terms, provisions, and conditions under which the director shall issue, modify, amend, revoke, or deny permits pursuant to this article; (D) Rules and regulations governing and controlling hazardous waste management; (E) Rules and regulations establishing procedures and requirements for the reporting of the generation of hazardous wastes and governing and controlling the activities of hazardous waste generators; (F) Rules and regulations establishing standards and procedures for the operation and maintenance of hazardous waste facilities; (G) Rules and regulations establishing the use of a manifest during the generation and handling of hazardous wastes; (H) Rules and regulations establishing procedures to ensure public access to records and to ensure protection of trade secrets and confidential information, the disclosure of which to the director is required by this article or the rules and regulations adopted under this article; (1) Rules and regulations establishing procedures and requirements for the use and dis position of hazardous waste or hazardous constituents; (J) Rules and regulations deleting certain solid wastes from the definition of hazardous waste; (K) Rules and regulations exempting from some or all regulation certain small quanti ties of hazardous waste; (L) Rules and regulations exempting from some or all regulation certain hazardous wastes that are recyclable; and (M) Rules and regulations designating certain solid wastes as designated hazardous wastes; and (2) Take all necessary steps to ensure the effective enforcement of this article. (b) The board shall adopt criteria for siting commercial hazardous waste disposal or incinerator facilities to minimize the short-term and long-term risks and costs that may result from such hazardous waste management facilities. These criteria may vary by type of facilities and may consider natural geologic and hydrogeologic site characteristics and engi neered protection. Criteria shall be based on at least the following factors and shall be con sistent with the other provisions of this article: (1) Hydrologic and geological factors, including flood plains, depth to water table, 1768 JOURNAL OF THE SENATE ground-water flow direction and travel time, soil pH, soil cation exchange capacity, soil com position and permeability, cavernous bedrock, faults (to include lineations) and joints, seis mic activity, slope, mines, and climate; identification of the uppermost aquifer and aquifer hydrologically interconnected; (2) Environmental and public health factors, including air quality, quality of surface and ground water, and proximity to public water supply watersheds; (3) Population density, including distances from occupied dwellings, including but not limited to private residences, public schools and other buildings, commercial buildings, and buildings not associated with the facility; (4) Natural and cultural resources, including wetlands, endangered species habitats, and proximity to parks, forests, wilderness areas, nature preserves, and historic sites; (5) Transportation factors, including proximity to waste generators, route safety, and methods of transportation; and (6) Availability of emergency response personnel and equipment." Section 2. Said article is further amended by adding to Code Section 12-8-62, relating to definitions of terms used in the "Georgia Hazardous Waste Management Act," a new paragraph (1.1) to read as follows: "(1.1) 'Commercial hazardous waste disposal or incinerator facility' means a hazardous waste disposal or incinerator facility which accepts waste from generators and treats, stores, or disposes of such hazardous waste for a fee or fees and which applies for a permit after July 1, 1992, but was not in existence as of July 1, 1992." Section 3. Said article is further amended by adding, following Code Section 12-8-66, new Code Sections 12-8-66.1, 12-8-66.2, 12-8-66.3, 12-8-66.4, 12-8-66.5, 12-8-66.6, 12-8-66.7, 12-8-66.8, and 12-8-66.9 to read as follows: "12-8-66.1. A permit for a commercial hazardous waste disposal or incinerator facility shall be issued only upon a finding of all of the following factors: (1) That the applicant has demonstrated a need for the facility by Georgia hazardous waste generators; (2) That the facility will not provide a disincentive to waste reduction; and (3) That the site conforms to officially adopted local land use plans and ordinances. 12-8-66.2. For the purposes of protecting ground water: (1) A commercial hazardous waste disposal or incinerator facility shall be sited only where, prior to facility construction, the flow of ground water in the uppermost saturated unit is predominantly parallel to or upwards toward the water table and the predominant ground-water flow direction is toward a nearby surface water body without any intermediate withdrawals from the uppermost saturated zone for public or private water supply and there is not recharge to confined aquifers; (2) No commercial hazardous waste disposal or incinerator facility shall be sited in an area where the depth to the seasonally high water table in the uppermost saturated unit will rise to within one foot of the ground surface; (3) No commercial hazardous waste disposal or incinerator facility shall be sited in an area within one mile of a water supply well or well field producing over 100,000 gallons per day, unless it can be demonstrated to the satisfaction of the department that natural hydrologic barriers isolate the site from the aquifer being pumped; (4) No commercial hazardous waste disposal or incinerator facility shall be sited within 1,320 feet of an ofT-site ground-water well from which water has been drawn for use within two years prior to January 1, 1992, or 1,000 feet of its zone of influence, described as a cone of depression, whichever is greater; and (5) No commercial hazardous waste disposal or incinerator facility shall be sited in an THURSDAY, MARCH 12, 1992 1769 area of fractured crystalline rocks where upgradient and downgradient ground water flow direction can not be identified. 12-8-66.3. No commercial hazardous waste disposal or incinerator facility shall be sited in a coastal flood hazard area identified by the federal Emergency Management Agency or delineated by the department or, if not delineated, at elevations less than 12 feet above mean sea level in the coastal flood plain. 12-8-66.4. For the purpose of protecting human health, no facility shall be sited within 2,000 feet from any structure which is routinely occupied by the same person or persons more than 12 hours per day or by the same person or persons under the age of 18 for more than two hours per day. 12-8-66.5. For the purpose of ensuring structural integrity, no facility shall be sited in an area underlain by limestone, dolomite, or marble or areas overlying past or present sub surface mining activities. 12-8-66.6. For the purpose of protecting surface water, no new facility shall be sited within: (1) The upstream portion of a watershed draining to an on-stream public water supply reservoir; (2) Those watershed areas that drain directly into an off-stream public water supply reservoir; (3) A general soil association type that has a surface slope greater than 10 percent for more than 70 percent of the soil area based upon United States Department of Agriculture General Soil Association data; (4) A general soil association type that floods more than 15 percent of the area based upon United States Department of Agriculture General Soil Association data; (5) Two miles upstream of a surface water intake which provides water for a public water supply system that was in existence and in use at least one year prior to the date on which a permit application for a commercial hazardous waste disposal or incinerator facility was submitted to the division; or (6) The 100 year flood hazard area identified under the flood insurance studies prepared for the federal Emergency Management Act. 12-8-66.7. For the purpose of protecting environmentally sensitive areas, no permit shall be issued for: (1) Wetland areas as defined by 33 C.F.R. 328.3 pursuant to the federal Clean Water Act; (2) Areas where the placement of the facility would adversely affect an endangered or threatened wildlife or vegetative species as defined by the Georgia Endangered Wildlife Act or the federal Endangered Species Act of 1973; or (3) The watershed of a river that has been designated as wild and scenic pursuant to the National Wild and Scenic Rivers Act, 16 U.S.C. 1271, et seq. 12-8-66.8. For the purpose of ensuring the safe transport of hazardous wastes, no permit shall be issued for a commercial hazardous waste disposal or incinerator facility greater than 35 miles form the interstate highway system in Georgia. 12-8-66.9. No permit shall be issued for a commercial hazardous waste disposal or incin erator facility in any county if any part of the site is within one mile of an adjoining county without the applicant's first receiving the express approval of the governing authority of that adjoining county." Section 4. Article 4 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, 1770 JOURNAL OF THE SENATE known as the "Georgia Hazardous Waste Management Authority Act," is amended by ad ding, following Code Section 12-8-103.2, a new Code Section 12-8-103.3 to read as follows: "12-8-103.3. The authority shall develop procedures and criteria for selecting sites for hazardous waste facilities whenever the need for such a facility has been documented. Site selection criteria shall be developed with and provide for public participation, shall be incor porated into rules, shall include a written justification for each criterion, and shall be consis tent with all applicable federal and state laws." 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 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner 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 Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bowen English Gillis Harris Shumake On the passage of the bill, the yeas were 51, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 787. By Senator Edge of the 28th: A bill to amend Code Section 15-18-14 of the Official Code of Georgia Annotated, relating to assistant district attorneys and their appointment, qualifications, and compensation, so as to change the definition of the term "LL.M. degree"; to pro vide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. THURSDAY, MARCH 12, 1992 1771 On the passage 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 of 46th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks Kidd Langford Marable Moye Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Bishop Brown of 26th English Hammill Huggins Johnson Newbill Shumake On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. Senator Edge of the 28th moved that SB 787 be immediately transmitted to the House. On the motion, the yeas were 31, nays 0; the motion prevailed, and SB 787 was immedi ately transmitted to the House. SB 731. By Senator Turner of the 8th: A bill to amend Article 10 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, the "Hospital Financing Authority Act," so as to change certain pro visions relating to definitions; to provide an effective date. Senator Turner of the 8th offered the following amendment: Amend SB 731 by inserting between lines 9 and 10 of page 1 the following: "(4) of Code Section 31-7-192, relating to the definition of health facility, in its entirety and inserting in lieu thereof the following: '(4) "Health facility" means any nonprofit health care hospital facility, licensed by the department under Article 1 of this chapter as a hospital which is owned or operated by a participating provider and which is utilized, directly or indirectly, in health care, medical research, or the training or teaching of health care personnel.' Section 1.5. Said article is further amended by striking paragraph". On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted. 1772 JOURNAL OF THE SENATE 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 of 46th Burton Clay Coleman Collins Dawkins Deal Dean 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 Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Brown of 26th Edge English Garner 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. SB 831. By Senators Steinberg of the 42nd, Garner of the 30th, Bishop of the 15th and others: A bill to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to require state government and state au thority employers to grant employees a period of leave for certain family or med ical purposes; to provide for definitions; to provide for practices and procedures in connection with the requirement of leave; to provide for exceptions; to provide for certification of medical conditions; to provide an effective date. Senator Taylor of the 12th offered the following amendment: Amend SB 831 by adding on line 14 of page 9: "All employee copayments and deductibles shall continue to apply." On the adoption of the amendment, the yeas were 42, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 12, 1992 1773 Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge English Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Moye Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Clay Egan Newbill Phillips Ragan of 32nd Those not voting were Senators: Broun of 46th Hooks Shumake Thompson On the passage of the bill, the yeas were 47, nays 5. The bill, having received the requisite constitutional majority, was passed as amended. Senator Starr of the 44th introduced the doctor of the day, Dr. John Harsch, of Riverdale, Georgia. The following general bill and resolution of the Senate, favorably reported by the com mittees were read the third time and put upon their passage: SB 834. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the felony offense of trafficking in methamphetamine; to provide penalties. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins 1774 JOURNAL OF THE SENATE Dean Echols Edge 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 Robinson Scott Starr Steinberg Tate Thompson Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal Garner 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. SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown Parkway. The Senate Committee on Transportation offered the following amendment: Amend SR 485 by inserting on line 2 of page 2, following the number "575", the words "within the boundary lines of Cherokee County". On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. Senators Robinson of the 16th and Bishop of the 15th offered the following substitute to SR 485: A RESOLUTION Designating the Robert B. Nett Medal of Honor Highway; and for other purposes. WHEREAS, 48 years ago in one of World War IPs many fierce firefights, Colonel (Ret.) Robert B. Nett of Columbus, Georgia, (then Lieutenant) distinguished himself as a cut above most men when courage and bravery are measured and earned for himself this coun try's highest award of valor -- the Medal of Honor; and WHEREAS, on December 14, 1944, as commander of Company E, he is credited with killing seven Japanese soldiers with the bayonet of his M-l rifle and with leading his com pany through a major enemy defensive line on Leyte Island in the Philippines; and WHEREAS, he suffered three bullet wounds that day: one that grazed his jugular vein which was patched with a butterfly bandage by a medic; another bullet caught him in the right side of the chest, carrying away part of a lung; and the third bullet "blew out a rib" in his back and put him out of operation; and WHEREAS, the citation accompanying his Medal of Honor states that "by his remark able courage in continuing forward through sheer determination despite successive wounds, Lt. Nett provided an inspiring example for his men and was instrumental in the capture of a vital strongpoint"; and THURSDAY, MARCH 12, 1992 1775 WHEREAS, Colonel Nett is one of only 208 living winners of the military's most cher ished medal; and WHEREAS, for his outstanding bravery and unflinching determination in the face of desperately dangerous conditions, Colonel Nett merits the recognition of the State of Geor gia and it is only fitting that his name be perpetuated in an appropriate fashion. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the portion of U.S. Highway 27 beginning at the point where it crosses 1-185 east to the Muscogee County line is designated as the Robert B. Nett Medal of Honor Highway. BE IT FURTHER RESOLVED that the Department of Transportation is authorized and directed to place and maintain appropriate markers so designating said highway. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to the commissioner of transporta tion and to Colonel (Ret.) Robert B. Nett. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of SR 485 would be suspended and placed on the Senate General Calendar. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bill of the House: HB 1775. By Representatives Dunn of the 73rd and Kingston of the 125th: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide a short title; to provide for legislative intent; to provide for definitions; to provide for applicability; to create the Georgia Small Employer Health Reinsurance Program. The following bill of the House was read the first time and referred to committee: HB 1775. By Representative Dunn of the 73rd: A bill to amend Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide a short title; to provide for legislative intent; to provide for definitions; to provide for applicability; to create the Georgia Small Employer Health Reinsurance Program. Referred to Committee on Insurance and Labor. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 811. By Senator Starr of the 44th: A bill to amend Chapter 5 of Title 37 of the Official Code of Georgia Annotated, relating to community services for the mentally retarded, so as to change certain provisions relating to the duty of county boards of health to provide certain com munity services and the duties of district health departments with respect to 1776 JOURNAL OF THE SENATE mentally retarded individuals; to change certain provisions relating to the duty of the Department of Human Resources to provide certain assistance to county boards of health. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th 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 Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators Hooks and Shumake. On the passage of the bill, the yeas were 54, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 817. By Senators Walker of the 22nd and Albert of the 23rd: A bill to amend an Act creating the Augusta Judicial Circuit, as amended, so as to authorize the governing authority of each county comprising the Augusta Ju dicial Circuit to receive payment of fines directly from the state probation office without any requirement of deposit of the fines in the office of the clerk of the superior court. Senator Pollard of the 24th offered the following amendment: Amend SB 817 by striking on line 26 of page 1 the following: "authorized", and inserting the following: "required". On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. THURSDAY, MARCH 12, 1992 1777 On the passage of 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 of 46th Brown of 26th Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hm Hooks Hu**in8 Johnson Kidd Langford Marable Newbill 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: Hasty Moye Shumake Steinberg On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. Senator Deal of the 49th, President Pro Tempore, assumed the Chair. The following resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their adoption: SR 409. By Senators Ramsey of the 54th and Steinberg of the 42nd: A resolution creating the Senate Firefighter Training Study Committee. Senator Ramsey of the 54th offered the following amendment: Amend SR 409 by striking on lines 3 and 4 on page 3 the date September 1, 1992, and adding the date December 1, 1992. On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th 1778 JOURNAL OF THE SENATE Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative were Senators Moye and Tate. Those not voting were Senators: Deal (presiding) Hasty Pollard Robinson Shumake Steinberg On the adoption of the resolution, the yeas were 48, nays 2. The resolution, having received the requisite constitutional majority, was adopted as amended. SR 524. By Senators Marable of the 52nd, Perdue of the 18th, Robinson of the 16th and others: A resolution urging the licensed physicians of the State of Georgia to perform certain tests for the early detection of prostate cancer. 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 of 46th Brown of 26th Burton Clay Collins Dawkins 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 Timmons Turner Tysinger Walker of 43rd White THURSDAY, MARCH 12, 1992 1779 Those not voting were Senators: Coleman Deal (presiding) Shumake Taylor Walker of 22nd On the adoption of the resolution, the yeas were 51, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general bills of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 791. By Senators Garner of the 30th and Edge of the 28th: A bill to amend Code Section 45-13-22 of the Official Code of Georgia Annotated, relating to distribution by the Secretary of State of the Georgia Laws and the Senate and House Journals, so as to change provisions relating to fixing of prices for sales of the Georgia Laws and the Senate and House Journals; to provide for the method of determination of such prices; to provide for deposit of receipts into the general fund of the state treasury; to provide an effective date. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Dean Echols Edge Egan English Foster Garner Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford M arable Moye Newbill 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: Alien Coleman Deal (presiding) Gillis Shumake Steinberg On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. 1780 JOURNAL OF THE SENATE SB 569. By Senator Garner of the 30th: A bill to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide that 25 percent of money forfeited or $75,000.00 maximum shall be paid to any person, other than a law enforcement officer, furnishing information which leads to the seizure of property. The Senate Committee on Judiciary offered the following substitute to SB 569: A BILL To be entitled an Act to amend Code Section 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, so as to provide that 25 percent of money forfeited shall be paid to regional development centers to be used to provide transportation and food in emergency situations; 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 16-13-49 of the Official Code of Georgia Annotated, relating to forfeitures, is amended by striking subparagraph (u)(4)(B) and inserting in lieu thereof a new subparagraph (u)(4)(B) to read as follows: "(B) All costs, including court costs, shall be paid and the remaining pool shall be dis tributed pro rata to the state and to local governments, according to the role which their law enforcement agencies played in the seizure of the assets; provided, however, that the amount distributed to the state shall not exceed 25 percent of the amount distributed; pro vided, further, that in addition to the distribution to the state and to local governments, 25 percent of the remaining pool after payment of all costs shall be distributed to any regional development center, as established under Article 2 of Chapter 8 of Title 50, of which such affected local government is a member. Such regional development center shall be author ized to expend or use such funds to provide transportation services for medical emergencies and to provide emergency food relief, county County governments are authorized upon re quest of the Btstriet Attwaey district attorney to provide for payment of any and all neces sary expenses for the operation of the office from the said forfeiture pool up to 10% 10 percent of the amount distributed, in addition to any other expenses paid by the county to the Diatriet Attofncy'a district attorney's office." 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 Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye THURSDAY, MARCH 12, 1992 1781 Newbill Perdue Perry Phillips Pollard Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Alien Deal (presiding) Garner Ragan of 10th Ramsey Shumake Taylor Walker of 43rd On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 776. By Senators Turner of the 8th, Bowen of the 13th, Timmons of the llth and others: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appointment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge. The Senate Committee on Judiciary offered the following substitute to SB 776: A BILL To be entitled an Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to number of judges of superior courts, so as to provide for a fifth judge of the superior court of the Southern Judicial Circuit of Georgia; to provide for the appoint ment of such additional judge by the Governor; to provide for the election of successors to the judge initially appointed; to prescribe the powers of said judge; to prescribe the compen sation, salary, and expense allowance of said judge to be paid by the State of Georgia and the counties comprising said circuit; to authorize the judges of said courts to divide and allocate the work and duties thereof; to require candidates for such judgeships to designate the places for which they are running; to provide for the manner of impaneling jurors; to provide for an additional court reporter for said circuit; to provide for courtroom and cham ber space; to provide for other related matters; to provide a conditional effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to numbers of judges of superior courts, is amended by striking paragraph (35) and inserting in its place a new paragraph to read as follows: "(35) Southern Circuit ..................................................... 4 5" Section 2. One additional judge of the superior court is added to the Southern Circuit, thereby increasing to five the number of judges of said circuit. Section 3. Said additional judge shall be appointed by the Governor for a term of office beginning July 1, 1992, and continuing through December 31, 1994, and until that judge's successor is elected and qualified. That judge's successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the general election in November, 1994, for a term of four years beginning on the first day of January, 1995, and until that judge's successor is elected and qualified. Future successors shall be 1782 JOURNAL OF THE SENATE elected at the general election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of election. Such elections shall be held and conducted in the manner provided by law for the election of judges of the superior courts of this state. Section 4. Every person who offers for nomination and election as one of the judges of said superior courts for the Southern Judicial Circuit of Georgia shall designate with the proper authority the specific place for which he offers by naming the incumbent judge whom he desires to succeed and thereupon he shall be qualified, if otherwise qualified, to run for said specific judgeship and no other. In the event there is no incumbent judge in the place for which he desires to offer, the candidate shall qualify by announcing his intention to run for the office for which there is no incumbent. Section 5. The additional judge of the superior courts for the Southern Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the five 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 pro vided by law. Section 6. 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 for the Southern Judicial Circuit. The provisions heretofore enacted for supplement by the counties of said circuit for the present judges shall also be applicable to the additional judge provided for by this Act. Section 7. All writs and process in the superior courts for the Southern Judicial Circuit shall be returnable to the terms of said superior courts as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide judges coequal in jurisdiction and authority to attend to and perform the functions, powers, and duties of the judges of said superior courts and to direct and conduct all hearings and trials in said courts. Section 8. The judges of the superior courts for the Southern Judicial Circuit of Georgia in transacting the business of said courts and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges in any respect hereof, the decision of a majority shall be controlling. If there is no majority the decision of the senior judge in point of ser vice, who shall be known as the chief judge shall be controlling. The judge with the longest period of time of service shall be the chief judge. The chief judge shall have the right to appoint referees of the juvenile courts of the counties comprising said circuit; and, in the event a juvenile court is established in any county within said circuit under the provisions of Code Section 15-11-3 of the O.C.G.A., the chief judge shall appoint the judge of said court as provided by law. If there is no judge among the five who is senior in point of service, the judges shall elect from this number a senior judge who shall be known as the chief judge. The judges of the superior courts for the Southern Judicial Circuit shall have, and they are clothed with full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and order of business in said courts. They may assign the hearing of trials by jury for a term or a part thereof to one or more of said judges and the hearing of all other matters not requiring a trial by a jury to another judge, or judges, and they may alternate such order of business at other terms as they deem proper. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or any one of them may hear chambers business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior courts of said circuit so as to facilitate the hearing and determina tion of all business of said courts at any time pending and ready for trial or hearing. In all THURSDAY, MARCH 12, 1992 1783 such matters relating to the manner of fixing, arranging for, and disposing of the business of said courts, and making appointments as authorized by law, where the judges thereof cannot agree or shall differ, the opinion or order of the majority or of the chief judge as provided in this section shall control. Section 9. 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 service in said courts for the trial of cases before any of said judges separately, or before any of them at the same time. Section 10. The additional judge of the Southern Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit whose compensation shall be as now or hereafter provided by law. Section 11. The governing authority of the respective counties comprising the Southern Judicial Circuit are fully authorized to provide such suitable courtrooms, jury rooms, and chambers for the five judges of the Southern Judicial Circuit as may be necessary upon the recommendation of said judges. Section 12. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts for the Southern Judicial Circuit may bear teste in the name of any judge of said Southern Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said courts may preside over any cause therein and perform any official act as judge thereof. Section 13. For purposes of making the initial appointment of the fifth judge to fill the fifth judgeship created by this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective July 1, 1992. Section 14. 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins 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 Taylor Thompson Timmons 1784 JOURNAL OF THE SENATE Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal (presiding) Shumake Tate On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. SB 828. By Senator Henson of the 55th: A bill to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language. The Senate Committee on Judiciary offered the following substitute to SB 828: A BILL To be entitled an Act to amend Code Section 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, so as to provide for applicability language; 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 53-3-6 of the Official Code of Georgia Annotated, relating to procedure when a will is lost or destroyed and the presumption of revocability, is amended by adding a new subsection to read as follows: "(c) Subsections (a) and (b) of this Code section shall apply to all cases pending on or after April 4, 1991." Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 32, nays 0, and the substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue THURSDAY, MARCH 12, 1992 1785 Perry Phillips PRRaalgglaaannrdoo,ff 311|20Wnth.d Ramsey Ray Robinson Scott SS_tteamr. rb, erg Tate Thompson Timmons Turner T.W..yasl,,iknegrerof. 22nd, Walker of 43rd White Those not voting were Senators: Deal (presiding) Foster Shumake Taylor On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. The following resolution of the House was read and put upon its adoption: HR 1038. By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, March 12, 1992, and to reconvene on Tuesday, March 17, 1992; the hour for convening the Senate may be as ordered by the Senate, and the hour for convening the House may be as directed by the House. Senator Garner of the 30th offered the following amendment: Amend HR 1038 by striking on Page 1, on lines 4 and 5, the following: "Tuesday, March 17," and inserting in lieu thereof the following: "Wednesday, March 18,". On the adoption of the amendment, the yeas were 41, nays 0, and the amendment was adopted. On the adoption of the resolution, the yeas were 39, nays 0. The resolution, having received the requisite constitutional majority, was adopted as amended. The President announced that the Senate would stand in recess from 12:13 o'clock P.M. until 1:45 o'clock P.M. At 1:45 o'clock P.M., the President called the Senate to order. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1344. By Representative Dunn of the 73rd: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise the financial regulatory capabilities of the Commis sioner of Insurance; to provide for the acceptance of an examination of an insurer conducted by another state under certain conditions. Senate Sponsor: Senator Taylor of the 12th. 1786 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Echols Foster Garner Gillis Harris Hasty Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ray Robinson Scott Starr Steinberg Tate Taylor Tysinger Walker of 43rd Those not voting were Senators: Dean Edge Egan English Hammill Henson Hill Johnson Phillips Ramsey Shumake Thompson Timmons Turner Walker of 22nd White On the passage of the bill, the yeas were 40, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1497. By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food and beverage standards and labeling in general, so as to define the term "spring water". Senate Sponsor: Senator Robinson of the 16th. The Senate Committee on Natural Resources offered the following amendment: Amend HB 1497 by adding on line 19 of page 1, immediately following the word "hole" the following: "into the underground formation". Senators Gillis of the 20th and Echols of the 6th offered the following amendment: Amend the amendment to HB 1497 offered by the Senate Committee on Natural Re sources by striking on line 5 of page 1 the words "underground formation" and inserting in lieu thereof the following: "same underground water-bearing zone". THURSDAY, MARCH 12, 1992 1787 On the adoption of the amendment offered by Senators Gillis of the 20th and Echols of the 6th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bowen Broun of 46th Burton Coleman Dawkins Deal Echols Egan English Foster Gillis Harris Hasty Hill Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Scott Starr Steinberg Tate Timmons Tysinger Walker of 22nd Walker of 43rd White Those voting in the negative were Senators: Baldwin Bishop Brown of 26th Clay Collins Dean Edge Garner Hammill Henson Hooks Robinson Taylor Thompson Turner Not voting was Senator Shumake. On the adoption of the amendment offered by Senators Gillis of the 20th and Echols of the 6th, the yeas were 40, nays 15, and the amendment to the amendment offered by the Senate Committee on Natural Resources was adopted. On the adoption of the amendment offered by the Senate Committee on Natural Re sources, the yeas were 50, nays 1, and the amendment was adopted as amended. Senators Gillis of the 20th and English of the 21st offered the following amendment: Amend HB 1497 by adding on line 23 of page 1 immediately before the word "composi tion" the word "chemical". On the adoption of the amendment offered by Senators Gillis of the 20th and English of the 21st, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th 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 1788 JOURNAL OF THE SENATE Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thnmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators Shumake and Thompson. On the adoption of the amendment offered by Senators Gillis of the 20th and English of the 21st, the yeas were 54, nays 0, and the amendment was adopted. Senator Egan of the 40th offered the following amendment: Amend HB 1497 by striking all of line 19, page 1 after the word "spring". On the adoption of the amendment offered by Senator Egan of the 40th, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Burton Dawkins Deal Egan Foster Hasty Huggins Johnson Langford Marable Moye Newbill Phillips Pollard Ragan of 10th Ragan of 32nd Scott Steinberg Tate Taylor Timmons Walker of 22nd White Those voting in the negative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Clay Coleman Collins Dean Echols Edge English Garner Gillis Hammill Harris Henson Hill Hooks Kidd Perdue Perry Ray Robinson Starr Thompson Turner Tysinger Walker of 43rd Not voting were Senators Ramsey and Shumake. On the adoption of the amendment offered by Senator Egan of the 40th, the yeas were 24, nays 30, and the amendment was lost. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun of 46th Clay Coleman THURSDAY, MARCH 12, 1992 1789 Collins Dean Echols Edge Garner Gillis Hammill Harris Henson Hooks Kidd Perry Ray Robinson Thompson Turner Tysinger Walker of 43rd Those voting in the negative were Senators: Albert Bowen Brown of 26th Burton aw!kins Egan English Foster Hasty Hill Huggins Johnson Langford Marable Moye Newbill Perdue Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Scott Starr Steinberg Tate Taylor Timmons Walker of 22nd White Not voting was Senator Shumake. On the passage of the bill, the yeas were 24, nays 31. The bill, having failed to receive the requisite constitutional majority, was lost. Senator Robinson of the 16th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HB 1497. The following bill of the Senate was taken up for the purpose of considering the House substitute thereto: SB 173. By Senators Deal of the 49th, Newbill of the 56th, Johnson of the 47th and others: A bill to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports and landing fields by counties, municipalities, and other political subdivisions, so as to prohibit cities, counties, or other political subdivisions from condemning prop erty for, or operating, an airport outside their territorial boundaries except with the consent of the governing authority of the county, city, or other political sub division wherein the airport is to be located. The House substitute to SB 173 was as follows: A BILL To be entitled an Act to amend Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, relating to acquisition, construction, and maintenance of airports by municipalities, counties, and other political subdivisions, so as to prohibit extraterritorial condemnation of property for an airport by a municipality, county, or other political subdi vision without the consent of the governing authority of the municipality or county wherein the property is located or of the General Assembly; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Article 2 of Chapter 3 of Title 6 of the Official Code of Georgia Annotated, 1790 JOURNAL OF THE SENATE relating to acquisition, construction, and maintenance of airports by municipalities, coun ties, and other political subdivisions, is amended by striking Code Section 6-3-22, relating to methods of acquisition of property for airports and landing fields, in its entirety and in serting in lieu thereof a new Code Section 6-3-22 to read as follows: "6-3-22. Private property needed by a county, municipality, or other political subdivi sion for an airport or landing field or for the expansion of an airport or landing field may be acquired by grant, purchase, lease, or other means, if such county, municipality, or other political subdivision is able to agree with the owners of the property on the terms of such acquisition, and otherwise by condemnation in the manner provided by the law under which the county, municipality, or other political subdivision is authorized to acquire real property for public purposes; provided, however, that the power of condemnation may be exercised extraterritorially only with the consent of the governing authority of the county, municipal ity, or other political subdivision wherein the property is located, as expressed either in a resolution adopted by such governing authority, granting its consent to such condemnation, or by failure of such governing authority to adopt a resolution denying its consent to such condemnation within 60 days from the receipt of a resolution from the proposed condemnor requesting approval of such condemnation, or with the consent of the General Assembly, as expressed in a resolution enacted by the General Assembly, after denial of consent to such condemnation by the governing authority of the county, municipality, or other political sub division wherein the property is located; provided, however, that for any proposed airport or airport expansion by a city into a county where such city is located, or by a county into a city located in such county, the decision of the governing body of the jurisdiction into which such proposed airport or airport expansion is to be located shall be final as to whether or not such power of condemnation may be exercised extraterritorially." 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 on SB 173. Senator Egan of the 40th moved that the motion offered by Senator Deal of the 49th be postponed until March 18. Senator Egan of the 40th asked unanimous consent to withdraw his motion; the consent was given, and the motion offered by Senator Egan of the 40th was withdrawn. Senator Deal of the 49th moved the previous question on the motion to agree. On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson THURSDAY, MARCH 12, 1992 1791 Turner Tysinger Walker of 22nd Walker of 43rd Voting in the negative was Senator Langford. Those not voting were Senators: Bowen English Kidd Shumake Timmons White On the motion, the yeas were 49, nays 1; the motion prevailed, and the previous ques tion was ordered. On the motion offered by Senator Deal of the 49th to agree to the House substitute to SB 173, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Garner Gillis Hammill Harris Hasty Henson Hill CCoollleimnsan DDeaawl kins Dean Echols Edge Egan Foster JHouhgngsmons KMiadrdable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Sbtteeminbbeerrge Taylor Thompson Turn Tysinger Walker of 22nd Walker of 43rd Voting in the negative was Senator Langford. Those not voting were Senators: Bowen English Shumake Timmons White On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 173. Senator Collins of the 17th moved that the following bill of the Senate, having been passed previously today, be immediately transmitted to the House: SB 834. By Senators Collins of the 17th and Starr of the 44th: A bill to amend Code Section 16-13-31 of the Official Code of Georgia Annotated, relating to the crimes of trafficking in cocaine, illegal drugs, or marijuana, so as to provide that any person who knowingly sells, manufactures, delivers, or brings into this state or has possession of five grams or more of methamphetamine or of any mixture of methamphetamine commits the felony offense of trafficking in methamphetamine; to provide penalties. 1792 JOURNAL OF THE SENATE On the motion, the yeas were 30, nays 0; the motion prevailed, and SB 834 was immedi ately transmitted to the House. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1487. By Representatives Thomas of the 55th, Davis of the 29th, Porter of the 119th and others: A bill to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles, so as to amend the points system to provide for points for failure to secure a load on a motor vehicle. Senate Sponsor: Senator Scott of the 36th. Senator Scott of the 36th offered the following amendment: Amend HB 1487 by inserting on line 6 of page 2 after the word "load" the following: ", except fresh farm produce,". On the adoption of the amendment offered by Senator Scott of the 36th, the yeas were 33, nays 0, and the amendment was adopted. Senator Collins of the 17th offered the following amendment: Amend HB 1487 as follows: On page 2, line 8, strike "a public safety hazard" and insert "an accident". On the adoption of the amendment offered by Senator Collins of the 17th, Senator Scott of the 36th called for the yeas and nays; the call was sustained, and the vote was as follows: Those voting in the affirmative were Senators: Albert Burton SD0a1w1TMkms Echols Edge Gillis Harris Newbill PPrreooawul nn oofcf 4o26t6-ttihih. Dean Egan Foster Garner Hasty Henson T",HTTiu-lHlggm s Kidd Langford Marable Moye Ramsey Scott oSaDttitea.-mr -rbi_erg Tate Walker of 22nd Walker of 43rd Those not voting were Senators: Bowen Clay Coleman English Hammill Hooks THURSDAY, MARCH 12, 1992 1793 Johnson Shumake Thompson Timmons White On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 20, nays 25, and the amendment was lost. Senator Collins of the 17th moved that the Senate reconsider its action in defeating the amendment offered by Senator Collins of the 17th. On the motion, the yeas were 30, nays 4; the motion prevailed, and the amendment offered by Senator Collins of the 17th to HB 1487 was reconsidered. On the adoption of the amendment offered by Senator Collins of the 17th, the yeas were 37, nays 1, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill, 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 of 46th Brown of 26th Burton Clay Coleman Collins LJflwKms Deal Dean Echols Edge Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Langford M arable Moye Newbill Perdue Perry Phillips Those not voting were Senators: Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd Bowen English Hammill Johnson Shumake Timmons White On the passage of the bill, the yeas were 49, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 1794 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, 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 1038. By Representative Murphy of the 18th: A resolution relative to adjournment. The President stated that at this time the Senate would consider in open session the appointments submitted by His Excellency, Governor Zell Miller, in a communication to the Senate on February 18, which appears in the Journal of February 18. Senator Dawkins of the 45th 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 Senate Committee on Education submitted the following report which was read by the Secretary: The State Senate Atlanta, Georgia 30334 February 19, 1992 The Honorable Hamilton McWhorter Secretary of the Senate The State Capitol Atlanta, Georgia 30334 Dear Mr. McWhorter: The Senate Committee on Education met and considered the Governor's appointees to the State Board of Education and voted unanimously to recommend to the Senate that the following appointees be confirmed: Honorable Barbara T. King of DeKalb County term beginning March 11, 1992 and end ing January 1, 1999 Honorable Hollis Q. Lathem of Cherokee County term beginning March 11, 1992 and ending January 1, 1999 Honorable C. Lewis Shurbutt of Elbert County term beginning March 11, 1992 and ending January 1, 1999 Honorable J. T. Williams, Jr. of Henry County term beginning March 11, 1992 and ending January 1, 1999 Sincerely, Is/ John Foster Chairman, Senate Education Committee THURSDAY, MARCH 12, 1992 1795 The Senate Committee on Higher Education submitted the following report which was read by the Secretary: The State Senate Atlanta, Georgia 30334 March 4, 1992 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 Wednesday, March 4, 1992, and considered the Governor's appointees to the Board of Regents of the University System of Georgia and voted unanimously to recommend to the Senate that the following appointees be confirmed. Honorable Thomas F. Allgood of Richmond County, term of office beginning January 10, 1992 and ending January 1, 1999. Honorable S. William Clark, Jr. of Ware County, term of office beginning January 14, 1992 and ending January 1, 1999. Honorable Edgar L. Rhodes of Haralson County, term of office beginning February 11, 1992 and ending January 1, 1999. Sincerely, /s/ Joe Hammill Chairman 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 Broun of 46th Brown of 26th .urton XCCooTllleimnsan Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill H",,Io*oks1118 i Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson OSSttieamr rbi_erg Tate Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Bowen English Johnson Scott Shumake Timmons White 1796 JOURNAL OF THE SENATE On the confirmation, the yeas were 49, nays 0, and all of the appointees were confirmed. 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 12, 1992 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 18, 1992 were acted upon by the Georgia State Senate in Session on March 12, 1992, with the following results: Honorable William Ralph Wills, III of Coffee County, as a member of the State Board of Accountancy for the term of office beginning December 9, 1991 and ending June 30, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable William A. Roquemore of Lanier County, as a member of the Georgia Agri cultural Exposition Authority for the term of office beginning June 30, 1991 and ending June 30, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Ben F. Marsh of Clayton County, as a member of the Georgia Agricultural Exposition Authority for the term of office beginning February 12, 1992 and ending June 30, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable N. A. Jacobs, Jr. of Hall County, as a member of the State Board of Archi tects for the term of office beginning January 24, 1992 and ending August 9, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable John Carter Wyle of Fulton County, as a member of the State Board of Architects for the term of office beginning January 24, 1992 and ending March 5, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Dave Crosslin of Gwinnett County, as a member of the Asbestos Licensing Board for the term of office beginning November 25, 1991 and ending June 30, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Asbestos Licensing Board beginning November 25, 1991 and ending June 30, 1994; William H. Spain of Cobb County; and W. Richard Turpin of Gwinnett County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable T. Lynn Davis of Bibb County, as a member of the Georgia Auctioneers Commission for the term of office beginning January 6, 1992 and ending August 14, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Otis Jack Barwick of Johnson County, as a member of the State Board of Barbers for the term of office beginning August 5, 1991 and ending December 29, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Charles W. Manning, Sr. of Laurens County, as a member of the State THURSDAY, MARCH 12, 1992 1797 Board of Barbers for the term of office beginning January 6, 1992 and ending June 30, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Georgia Child Care Council beginning February 5, 1992 and ending June 30, 1994: Dr. Mick Coleman of Clarke County; Pamela S. Colton of Cherokee County; Dr. Therry Deal of Baldwin County; Yuri Eidelman of Fulton County; Lana Copeland Hardy of Fulton County; Brenda Boyd James of DeKalb County; Kathryn B. Kelly of Dougherty County; Mary Mallard of DeKalb County; Reginald A. Perry of Hall County; Julie Sharpe of Tift County; Tamara B. Skinner of Cobb County; Nancy D. Smith of Houston County; and Nancy E. Travis of DeKalb County. The vote on this confir mation was yeas 49, nays 0, and the nominees were confirmed. Honorable Hubert W. Whelchel of Fulton County, as a member of the Georgia Board of Chiropractic Examiners for the term of office beginning May 22, 1991 and ending August 20, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Roger Lane 6f DeKalb County, as a member of the Georgia Board of Chiro practic Examiners for the term of office beginning January 16, 1992 and ending June 30, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Georgia Board of Chiropractic Exam iners beginning January 16, 1992 and ending August 20, 1994: Dr. Hewett M. Alden of DeKalb County; and Dr. John Ellis, Jr. of Spalding County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Construction Industry Licensing Board beginning January 31, 1992 and ending June 30, 1995: John Attaway of DeKalb County; Charles T. Burdette of Bibb County; Raymond L. Daniell of Fulton County; Leon Dover of Cobb County; Fred Eugene Fowler of Whitfield County; Lamar Fuller of Gwinnett County; Melvin J. Griffin of Fulton County; Morris Edwin Harrison, Sr. of Gwinnett County; Jack H. Housworth of DeKalb County; Terry W. Lewis of Bartow County; William T. Mann of Fulton County; Michael J. McDevitt of Chatham County; Thomas C. Payne of Cobb County; W. Doug Pirkle of Douglas County; F. Edward Rhodes of Tift County; James J. Smith of Cobb County; H. Grady Smith III of Richmond County; Ricky Dean Stevens of Emanuel County; Hoyt L. Swaney of Clayton County; and James M. Swann of Rockdale County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Construction Industry Licensing Board beginning January 31, 1992 and ending June 30, 1992: Bill Carpenter of DeKalb County; Douglas R. Johnson of Cobb County; William Harry Johnson of Cobb County; Charles Lance of Taylor County; and Michael D. Stephens of Gwinnett County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Board of Corrections beginning July 8, 1991 and ending July 1, 1996: William R. Lance, Jr. of Hall County; J. M. Plemons of Catoosa County; and Ray Wilkes of Bibb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable Peggy Sue Lanier of Rockdale County, as a member of the Georgia Board of Cosmetology for the term of office beginning December 9, 1991 and ending August 9, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Stephan D. Holcomb of Houston County, as a member of the Georgia Board of Dentistry for the term of office beginning December 13, 1991 and ending August 1, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the State Board of Education beginning March 11, 1992 and ending January 1, 1999: Barbara T. King of DeKalb County; Hollis Q. Lathem of Cherokee County; C. Lewis Shurbutt of Elbert County; and J. T. Williams of Henry County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. 1798 JOURNAL OF THE SENATE Honorable Franklin A. Toole of Richmond County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors for the term of office beginning June 1, 1991 and ending June 1, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Fair Employment Practices Board be ginning August 1, 1991 and ending September 29, 1993: Roland E. Blanding, Jr. of Fulton County; Thomas F. Jones of Fulton County; and Thaddus Mayfield of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Fair Employment Practices Board be ginning November 20, 1991 and ending September 29, 1994: Berdie R. Harden of Fulton County; Henry J. Moore of Chatham County; William M. Outlaw of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable Walter B. Evans of Screven County, as a member of the Georgia Forest Research Council for the term of office beginning August 25, 1991 and ending August 25, 1998. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Lewis P. Brown, Jr. of Wilkes County, as a member of the State Board of Registration of Foresters for the term of office beginning January 29, 1992 and ending March 16, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Jim L. Gillis, Jr. of Treutlen County, as a member of the State Forestry Commission for the term of office beginning May 22, 1991 and ending January 1, 1998. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable James M. Weeks of Chatham County, as a member of the State Board of Funeral Service for the term of office beginning November 12, 1991 and ending February 13, 1997. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Health Strategies Council beginning January 30, 1992 and ending July 1, 1993: Joan Anderson of Cherokee County; Dr. William C. Collins of Fulton County; Thomas H. Faulk of Laurens County; J. Robert Gore of Bibb County; Galen Kilburn, Jr. of Fulton County; William V. Stephens of Fulton County; David R. Tatum of Monroe County; Dr. Francis Tedesco of Richmond County; John H. Thurman of Peach County; Dr. Richard J. Turner of Rabun County; Bill G. Waters of Floyd County; and Dr. Lewis Williams of Stephens County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Health Strategies Council beginning January 30, 1992 and ending July 1, 1995: Elizabeth Brock of DeKalb County; Curtis V. Cooper of Chatham County; Sandra Enos of Fulton County; Lola Fitzpatrick of Muscogee County; Dr. Cyler Garner of Wilkinson County; Leonora Ginn of Lamar County; Charlene M. J. Hanson of Bulloch County; Johnnie Keith of Fulton County; Ron Napty of Henry County; William G. Nordmark of Fulton County; Dr. Anne G. Stroud of Dougherty County; Katherine L. Wetherbee of DeKalb County; and Thomas C. Wohlford, III of Fulton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Board of Human Resources beginning November 5, 1991 and ending April 6, 1994: Dr. Ronald Brown of Richmond County; and Dr. John D. Watson, Jr. of Muscogee County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Board of Human Resources beginning November 5, 1991 and ending April 6, 1996: Christine L. Cabell of Floyd County; and Dr. J. Gregory Jones of Bibb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable Jasper W. Williams, Jr. of Fulton County, as a member of the Board of THURSDAY, MARCH 12, 1992 1799 Human Resources for the term of office beginning January 15, 1992 and ending April 6, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable John Hunt of Tift County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning July 9, 1991 and ending July 1, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Board of Industry, Trade and Tourism beginning July 25, 1991 and ending July 1, 1996: O. D. Carlton, II of Dougherty County; R. Dean Fowler of Macon County; and R. Kenny Stone of Bulloch County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable J. Veronica Biggins of Fulton County, as a member of the Board of Industry, Trade and Tourism for the term of office beginning February 6, 1992 and ending July 1, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Barbara King of Fulton County, as a member of the Joint Board of Family Practice for the term of office beginning July 1, 1991 and ending July 1, 1997. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable C. Emory Bohler, M.D. of Bulloch County, as a member of the Joint Board of Family Practice for the term of office beginning January 30, 1992 and ending July 1, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Charles G. Johnson, M.D. of Clayton County, as a member of the Joint Board of Family Practice for the term of office beginning January 30, 1992 and ending July 1, 1997. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Georgia Magistrate Courts Training Council beginning September 25, 1991 and ending August 7, 1992: J. D. Bryant of Haralson County; and Burl Davis of Bibb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Georgia Magistrate Courts Training Council beginning September 25, 1991 and ending August 7, 1993: John Mather of Cobb County; and Johnny Warren of Laurens County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Council on Maternal and Infant Health beginning August 29, 1991 and ending July 1, 1994: Dr. William P. Kanto, Jr. of Richmond County; and Dr. Louis I. Levy of Muscogee County. The vote on this confirma tion was yeas 49, nays 0, and the nominees were confirmed. Honorable Norman B. Pursley of Lincoln County, as a member of the Board of Medical Assistance for the term of office beginning July 30, 1991 and ending June 30, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Carol Hood Fullerton of Dougherty County, as a member of the Board of Medical Assistance for the term of office beginning February 12, 1992 and ending June 30, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Larry Brightwell, M.D. of Muscogee County, as a member of the Composite State Board of Medical Examiners for the term of office beginning December 4, 1991 and ending September 1, 1992. The vote on this confirmation was yeas 49, nays 0, and the nomi nee was confirmed. The following named persons as members of the Composite State Board of Medical Examiners beginning December 4, 1991 and ending September 1, 1995: Dr. Thomas T. Busey of Fayette County; Dr. William S. Hitch of Chatham County; Dr. W. Gordon Irwin of Hart County; and Dr. Ellis B. Keener of Hall County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Georgia Music Hall of Fame Authority beginning July 11, 1991 and ending January 1, 1992: Richard Greene of Cobb County; and 1800 JOURNAL OF THE SENATE Honorable Robert W. Waymer of Fulton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Georgia Music Hall of Fame Authority beginning July 11, 1991 and ending January 1, 1993: Wit B. Carson, III of Cobb County; and Sam W. Doss, Jr. of Floyd County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Georgia Music Hall of Fame Authority beginning July 11, 1991 and ending January 1, 1994: Donald T. Browne of Fulton County; and C. Robert Short of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Georgia Music Hall of Fame Authority for the term of office beginning July 11, 1991 and ending January 1, 1995: Bobbie Bailey of DeKalb County; Bill Lowery of Fulton County; and Babs Richardson of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable Lenora Jordan Garrard of Muscogee County, as a member of the Board of Natural Resources for the term of office beginning January 29, 1992 and ending January 1, 1998. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Board of Natural Resources beginning January 29, 1992 and ending January 1, 1999: Joe E. Beverly of Thomas County; and John R. Williams of Newton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable Vickie A. Lambert of McDuffie County, as a member of the Georgia Board of Nursing for the term of office beginning September 24, 1991 and ending September 23, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Johnnie Bradley of Murray County, as a member of the Georgia Board of Nursing for the term of office beginning November 19, 1991 and ending September 23, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Harley Kemp Jones of Emanuel County, as a member of the State Board of Examiners in Optometry for the term of office beginning April 17, 1991 and ending Septem ber 6, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable William Douglas Young of Bibb County, as a member of the State Board of Examiners in Optometry for the term of office beginning July 10, 1991 and ending July 1, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable James B. Kilburn of Fulton County, as a member of the State Board of Dispensing Opticians for the term of office beginning February 19, 1992 and ending March 16, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable J. C. Riley of Lowndes County, as a member of the State Board of Dispens ing Opticians for the term of office beginning February 19, 1992 and ending May 1, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Merle E. Clark of Henry County, as a member of the State Board of Pardons and Paroles for the term of office beginning August 1, 1991 and ending December 31, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Richard Robert Ensley of Bibb County, as a member of the State Personnel Board for the term of office beginning May 22, 1991 and ending January 3, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the State Board of Physical Therapy be ginning December 17, 1991 and ending August 30, 1994: Turner A. Blackburn, Jr. of Musco gee County; and Dr. Lynda D. Woodruff of Fulton County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. THURSDAY, MARCH 12, 1992 1801 Honorable A. Louis Jimenez of Gwinnett County, as a member of the State Board of Podiatry Examiners for the term of office beginning October 4, 1991 and ending May 5, 1992. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Jerome F. Poeppelman, M.D. of DeKalb County, as a member of the State Board of Podiatry Examiners for the term of office beginning October 4, 1991 and ending May 5, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Paul G. Smaha, M.D. of Bibb County, as a member of the State Board of Podiatry Examiners for the term of office beginning October 4, 1991 and ending May 5, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Shirley A. Williams of Fulton County, as a member of the State Board of Podiatry Examiners for the term of office beginning November 8, 1991 and ending July 1, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Richard D. Rackleff of Gwinnett County, as a member of the State Board of Polygraph Examiners for the term of office beginning November 26, 1991 and ending July 15, 1995. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Alan M. Yorker of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists for the term of office beginning May 20, 1991 and ending December 31, 1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Professional Standards Commission for the term of office beginning July 1, 1991 and ending July 1, 1992: Carlos Cody of Dougherty County; Dr. Ellen C. Lewis of Columbia County; Judy Davidson Lovell of White County; Johnnie R. Miller of DeKalb County; Raymechia Smith of Muscogee County; and Vivian Stephens of DeKalb County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Professional Standards Commission for the term of office beginning July 1, 1991 and ending July 1, 1993: Dr. Cal Adamson of Troup County; Florence Ann Bice of Bulloch County; Norman C. Bigham of Cobb County; Dr. Sherman R. Day of Cobb County; Dr. Edward V. Deaton of Muscogee County; and Dr. Floyd Toth of Lowndes County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. The following named persons as members of the Professional Standards Commission for the term of office beginning July 1, 1991 and ending July 1, 1994: Zell S. Blackmon, Jr. of Houston County; Vicky Brantley of Elbert County; F. Sibley Bryan, Jr. of Greene County; Michael M. Jones of DeKalb County; Deborah Simonds of DeKalb County; and George B. Williams, Jr. of Washington County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable Jeffrey Melvin Brandsma of Richmond County, as a member of the State Board of Examiners of Psychologists for the term of office beginning November 15, 1991 and ending March 27, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Janet B. Franzoni of DeKalb County, as a member of the State Board of Examiners of Psychologists for the term of office beginning November 15, 1991 and ending January 7, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable A. Keith Logue of Cobb County, as a member of the Board of Public Safety for the term of office beginning September 25, 1991 and ending September 1, 1994. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable A. M. Redd, Jr. of Fulton County, as a member of the Georgia Real Estate 1802 JOURNAL OF THE SENATE Commission for the term of office beginning June 12, 1991 and ending January 26, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Richard H. Maddux of Greene County, as a member of the Georgia Student Finance Commission for the term of office beginning February 27, 1992 and ending March 15,1993. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Edwin C. Eckles of Bulloch County, as a member of the Georgia Student Finance Commission for the term of office beginning February 27, 1992 and ending March 15, 1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. The following named persons as members of the Georgia Student Finance Commission beginning February 27, 1992 and ending March 15, 1997: M. McNeill Holloway, III of McDuffie County; and Eunice L. Mixon of Tift County. The vote on this confirmation was yeas 49, nays 0, and the nominees were confirmed. Honorable Thomas F. Allgood of Richmond County, as a member of the Board of Re gents of the University System of Georgia for the term of office beginning January 10, 1992 and ending January 1, 1999. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable S. William Clark, Jr. of Ware County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning January 14, 1992 and ending January 1, 1999. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Edgar L. Rhodes of Haralson County, as a member of the Board of Regents of the University System of Georgia for the term of office beginning February 11, 1992 and ending January 1, 1999. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable R. D. Smith, Jr. of Stephens County, as a member of the Veterans Service Board for the term of office beginning August 1, 1991 and ending April 1,1998. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Honorable Kirkwood F. Vardeman, D.V.M. of Towns County, as a member of the State Board of Veterinary Medicine for the term of office beginning January 15, 1992 and ending September 16,1996. The vote on this confirmation was yeas 49, nays 0, and the nominee was confirmed. Sincerely, /s/ Hamilton McWhorter, Jr. Secretary 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 1596. By Representatives Cummings of the 17th, Baker of the 51st, Jamieson of the llth and Porter of the 119th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to public retirement systems, so as to create the Georgia Defined Contribution Plan. Senate Sponsor: Senator Taylor of the 12th. THURSDAY, MARCH 12, 1992 1803 The following Certification, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. 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 13, 1992 SUBJECT: House Bill 1596 (Substitute) (LC 21 1576S) Public Retirement Systems - Defined Contribution Plan As amended, this bill would establish a defined contribution plan (under section 401(a) of the Internal Revenue Code) for state employees who are not members of a public retire ment or pension system. Such employees would be allowed to contribute 7'/a percent of their gross salary through payroll deduction. Contributions to the plan would not be matched by the employer; benefits paid under the plan would be based solely on the amount contributed to the participant's account. The bill also empowers the director of the Employ ees' Retirement System to serve as the executive secretary of the plan and provides for the payment of the funds upon retirement or death of the employee. This is to certify that this bill does not create or amend a retirement systems law and therefore is not a retirement bill under the Public Retirement System Standards Law. /s/ G.W. Hogan State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Gillis Harris Hasty Henson Hill Hooks Huggins Kidd Langford Marable Moye Newbill Perdue Perry Those not voting were Senators: Baldwin Bowen English Garner Hammill Johnson Ragan of 32nd Shumake Phillips Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd Thompson Timmons White 1804 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1297. By Representatives Dunn of the 73rd, Lawson of the 9th, Walker of the 115th and others: A bill to amend Chapter 3 of Title 7 of the Official Code of Georgia Annotated, relating to industrial loans, Part 2 of Article 2 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to manufactured homes, Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards, and Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance, so as to revise comprehensively provisions relative to fees charged by the Commissioner of Insurance. Senate Sponsor: Senator Robinson of the 16th. Senator Pollard of the 24th offered the following amendment: Amend HB 1297 by adding on line 39, page 4 after the symbol (11) the word "new" and by adding on line 40, page 4 after the word permit, "one time fee". 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 Broun of 46th Brown of 26th Coleman Dj-. awi kms Dean Echols Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson TK^i-dJdJ Langford Marable Mye Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott Starr cS^tem buerg Tate Taylor Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Albert Burton Clay Collins Edge Egan Newbill Phillips Ragan of 32nd Thompson Those not voting were Senators: Bowen English Hammill Shumake Timmons White THURSDAY, MARCH 12, 1992 1805 On the passage of the bill, the yeas were 40, nays 10. The bill, having received the requisite constitutional majority, was passed as amended. HB 1476. By Representative Connell of the 87th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related orga nizations, so as to provide restrictions on the assignment of adverse experience modification factors to rates for policies of workers' compensation insurance is sued to certain business entities. Senate Sponsor: Senator Walker of the 22nd. Senator Edge of the 28th offered the following substitute to HB 1476: A BILL To be entitled an Act to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related or ganizations, so as to provide restrictions on the assignment of adverse experience modifica tion factors to rates for policies of workers' compensation insurance issued to certain busi ness entities; to provide that if an employer institutes a safety program in concert with an insurer of a workers' compensation insurance policy and the result of the safety program is a reduction in medical and loss-time claims, the insurer shall be required to provide the em ployer a certain rate reduction in premiums; to provide for rules and regulations; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to the regulation of insurance rates, underwriting rules, and related organizations, is amended by adding immediately following Code Section 33-9-40, relating to the prohibition of certain surcharges on motor vehicle insurance policies, a new Code Section 33-9-40.1 to read as follows: "33-9-40.1. (a) An insurer shall not assign an adverse experience modification factor which is applicable to the rate of a workers' compensation insurance policy issued to a par ticular business entity to the rate of a workers' compensation policy issued to another busi ness entity maintaining a separate payroll for federal and state tax purposes for the sole reason that the majority interest in both business entities is held by the same person. (b) If an employer institutes a safety program in concert with an insurer of a workers' compensation insurance policy and the result of the safety program is a reduction in medical and loss-time claims, the insurer shall be required to provide the employer a rate reduction in premiums which would result in savings on premiums to the employer equal to one-half of the amount saved by the insurer as a result of the reduction in medical and loss-time claims. The Commissioner is authorized to promulgate rules and regulations to carry out the provisions of this Code section." Section 2. All laws and parts of laws in conflict with this Act are repealed. Senator Edge of the 28th asked unanimous consent to withdraw his substitute to HB 1476; the consent was granted, and the substitute to HB 1476 offered by Senator Edge of the 28th 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: 1806 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton Garner Gillis Harris Hasty Henson Hill Hooks Cloalyeman Collins Dawkins Deal Dean Echols Edge Egan Foster K*idndson Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr ,,Steinberg i,at laylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Bowen English " Hammill Huggins Shumake White On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 244. By Representatives Cummings of the 134th and Chambless of the 133rd: A bill to amend Code Section 42-5-64 of the Official Code of Georgia Annotated, relating to educational programs for prisoners, so as to provide that prisoners who test below the fifth-grade level on standardized reading tests and who are incarcerated for a period of six months or longer shall be required to attend edu cational instruction. Senate Sponsor: Senator Langford of the 35th. The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Walter S. Ray State Senator FROM: G.W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 13, 1992 SUBJECT: Fiscal Note - House Bill 244 (LC 21 0860) Educational Programs For Prisoners This bill would require all state and county inmates and youthful offenders who test below a fifth grade level on standardized reading tests and who are incarcerated for six months or longer to attend an educational program. Participation in the program would be THURSDAY, MARCH 12, 1992 1807 required until they attain this level or until they are released from incarceration, whichever event occurs first. The State Board of Pardons and Paroles would also be required to incor porate satisfactory participation in such a program in their parole guidelines. This bill would cost approximately $6 million annually based on an estimated 128 addi tional teachers that would be needed if the Department of Corrections (DOC) provided the same educational program that it currently has in place on a voluntary basis. Approximately 4,850 inmates have tested below the fifth grade level in reading, of which approximately 1,000 currently attend classes 15 hours per week. The cost of this bill could be reduced based on the extent to which DOC utilized existing teacher resources or altered its existing educational program (such as increasing the student/teacher ratio, reducing the number of instructional hours per week, or utilizing contract or volunteer teachers). 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: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th ^uarton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Hengon Hm Hooks "u|fins Kldd 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 Those not voting were Senators: English Johnson Shumake White On the passage of the bill, the yeas were 52, nays 0. The bill, having received the requisite constitutional majority, was passed. The following resolution of the House was taken up for the purpose of considering the House amendment to the Senate amendment thereto: HR 1038. By Representative Murphy of the 18th: A resolution relative to adjournment by the General Assembly at 5:00 o'clock P.M. on Thursday, March 12, 1992, and to reconvene on Tuesday, March 17, 1808 JOURNAL OF THE SENATE 1992; the hour for convening the Senate may be as ordered by the Senate, and the hour for convening the House may be as directed by the House. The House amendment was as follows: Amend the Senate amendment to HR 1038 by striking the hour "5:00 P.M." from line 3 of page one and inserting in lieu thereof the hour "8:00 P.M." Senator Garner of the 30th moved that the Senate agree to the House amendment to the Senate amendment to HR 1038. On the motion, the yeas were 36, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HR 1038. The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage: HB 1571. By Representatives Childers of the 15th and Hudson of the 117th: A bill to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to the regulation of cosmetology, so as to delete certain provisions re quiring the licensure of certain students. 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: Albert Alien Baldwin Bishop Bowen Brown of 26th Burton Clay Coleman Dawkins Deal Dean Echols Edge Egan Foster Garner Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Langford Marable Moye Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Voting in the negative was Senator Collins. Those not voting were Senators: Broun of 46th English Gillis Hill Phillips Shumake White On the passage of the bill, the yeas were 48, nays 1. THURSDAY, MARCH 12, 1992 1809 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 1288. By Representatives Dover of the llth, Colwell of the 4th, Twiggs of the 4th and others: A bill to create a new judicial circuit for the State of Georgia, to be known as the Enotah Judicial Circuit, to be composed of the Counties of Towns, Union, Dawson, Lumpkin, and White. Senator Deal of the 49th moved that the Senate adhere to the Senate substitute to HB 1288, and that a Conference Committee be appointed. On the motion, the yeas were 35, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HB 1288. The President appointed as a Conference Committee on the part of the Senate the following: Senators Foster of the 50th, Deal of the 49th and Dawkins of the 45th. The following general bill of the House, having been read the third time on March 6 and postponed until March 11, and placed on the Senate Rules Calendar for today, was put upon its passage: HB 900. By Representatives Lee of the 72nd and Cummings of the 17th: A bill to amend Chapter 10 of Title 47 of the Official Code of Georgia Annotated, the "Trial Judges and Solicitors Retirement Fund Act," so as to clarify provi sions relating to ineligibility for appointment as a senior judge or district attor ney emeritus; to change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits. Senate Sponsor: Senator Starr of the 44th. 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 Lee State Representative FROM: G. W. Hogan, State Auditor DATE: February 25, 1991 SUBJECT: House Bill 900 (LC 7 7974) Trial Judges and Solicitors Retirement Fund - Eligibility to Hold Office/ Practice Law This bill would allow certain members of the Trial Judges and Solicitors Retirement Fund and certain state court or juvenile court judges to be appointed senior judges after ceasing to hold office. Provisions specifying the conditions for qualification, method of ap pointment, restrictions against holding other offices or practicing law, compensation, and manner in which requested to serve are also contained within the bill. 1810 JOURNAL OF THE SENATE This is to certify that this is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. M G. W. Hogan State Auditor The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Cummings, Chairman House Retirement Committee FROM: G. W. Hogan, State Auditor DATE: November 1, 1991 SUBJECT: Actuarial Investigation Summary - House Bill 900 (LC 7 7974) Trial Judges and Solicitors Retirement Fund This bill would allow certain members of the Trial Judges and Solicitors Retirement Fund and certain state court or juvenile court judges to be appointed senior judges after ceasing to hold office. Provisions specifying the conditions for qualification, method of ap pointment, restrictions against holding other offices or practicing law, compensation, and manner in which requested to serve are also contained within the bill. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to OCGA 47-20-36 which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actu arial assumptions and methods. (1) The amount of unfunded actuarial accrued liability which will re sult from the bill. $ 12,000* (2) The amount of annual normal cost which will result from the bill. $ 0* (3) The employer contribution rate currently in effect. 11.88% (4) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 12.89%* (5) The dollar amount of the increase in the annual employer contri bution which is necessary to maintain the retirement system in an actuarially sound condition. $____0* * It is not known how many judges would be affected by this bill. The costs are based on one judge returning to private law practice and receiving a $1,000 monthly benefit that might have otherwise been forfeited. It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Attachment /s/ G. W. Hogan State Auditor THURSDAY, MARCH 12, 1992 1811 Buck Consultants 200 Galleria Parkway, N.W. Suite 1200 Atlanta, Georgia 30339 October 31, 1991 Hon. G. W. Hogan, State Auditor Department of Audits Room 214, Trinity-Washington Building 270 Washington Street Atlanta, Georgia 30334 Dear Mr. Hogan: Re: House Bill 900 (LC 7 7974) As requested, we have made an actuarial investigation of the impact of House Bill 900 (LC 7 7974) on the Georgia Trial Judges and Solicitors Retirement Fund in accordance with the requirements of Code Section 47-20-36. This Bill would clarify provisions relating to ineligibility for appointment as a senior judge or district attorney emeritus, change the provisions relating to eligibility to hold office and practice law while receiving retirement benefits, provide for the appointment of judges who retire under the TJSRF and certain other judges as senior judges, and authorize such senior judges to serve as judges of certain courts. This Bill would also provide that certain senior judges may be called on for assistance and provide for the compensation of such a senior judge when serving as a judge of a court. We do not know how many judges would be affected by this legislation. However, if one judge receiving a $1,000 monthly benefit returns to law practice and as a result of this legis lation receives a benefit he would not have otherwise received, the estimated annual cost to the Fund would be $12,000. The following table shows the unfunded actuarial accrued liability and recommended employer contributions before and after the proposed amendment. The recommended em ployer contribution rates are in conformity with all minimum funding standards specified by Code Section 47-20-10. All amounts are $ thousands. Unfunded (Surplus) Actuarial Accrued Liability Before Amendment $ (2,630.5) After Amendment $ (2,618.5) Increase $ 12.0 Annual Contribution % Annual Amount % Annual Amount % Annual Amount Normal 16.23 Accrued Liability (4.35) $ 653.2 16.23% (175.1) (4.05) $ 653.2 0.00% (163.1) 0.30 $ 0.0 12.0 Total 11.88% $ 478.1 12.18% $ 490.1 0.30% $ 12.0 The preceding figures are based on the employee data, actuarial assumptions and actuarial methods used to prepare the June 30,1989 actuarial valuation of the Fund, together with an estimated payroll of $4,024,573. Sincerely yours, cc: Mr. Rudolph Johnson M Donald M. Overholser Consulting Actuary 1812 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hill Hooks Johnson Kidd Langford Marable Moye Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott gtarr Steinbere _, ** , Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Clay Henson Newbill Ragan of 32nd Thompson Those not voting were Senators: Albert English Hasty Huggins Phillips Shumake White On the passage of the bill, the yeas were 44, nays 5. The bill, having received the requisite constitutional majority, was passed. The following general bills of the House, favorably reported by the committees, were read the third time and put upon their passage: HB 1503. By Representative Watson of the 114th: A bill to amend Chapter 2 of Title 25 of the Official Code of Georgia Annotated, relating to the regulation of fire and other hazards to persons and property gen erally, so as to provide for the application of the state minimum fire safety standards. 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: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th THURSDAY, MARCH 12, 1992 1813 Burton Clay Coleman Collins Dawkms DEceehaaolnls Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson TLKaidngdf..ord, Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott ,,TS,taetienberg Taylor Thompson Timmons Turner Tysinger Walker of 43rd Those not voting were Senators: Albert Edge Egan English Moye Phillips Shumake Starr 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. HB 150. By Representatives Barnett of the 59th and Davis of the 45th: A bill to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the furnishing to, the purchasing of, or the possession by persons under 21 years of age of alcoholic beverages, so as to provide that per sons under 21 years of age who are convicted of unlawful possession of alcoholic beverages shall be required to complete a DUI alcohol or drug use risk reduction program. Senate Sponsor: Senator Edge of the 28th. The Senate Committee on Special Judiciary offered the following substitute to HB 150: A BILL To be entitled an Act to amend Code Section 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alco holic beverages, so as to provide that persons under 21 years of age who are convicted of unlawful possession of alcoholic beverages may be required to complete a DUI Alcohol or Drug Use Risk Reduction Program; to amend Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, so as to provide for suspension of the driver's license of any person under 21 years of age who is convicted of the unlawful possession of alcoholic beverages while operating a motor vehicle; to require completion of a DUI Alcohol or Drug Use Risk Reduction Program as a condition of reinstatement of such license; 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 3-3-23.1 of the Official Code of Georgia Annotated, relating to penalties for the possession by persons under 21 years of age of alcoholic beverages, is amended by adding a new subsection (f) to read as follows: "(f) In addition to any other punishment or sentence, the court may order all persons 1814 JOURNAL OF THE SENATE convicted under subsection (b) of this Code section or sentenced under subsection (c) of this Code section to complete a DUI Alcohol or Drug Use Risk Reduction Program prescribed by the Department of Human Resources within 120 days of such conviction or sentence. Fail ure to complete such program within 120 days shall be contempt of court and shall be pun ished by a fine of not more than $300.00 or 20 days imprisonment, or both. If the conviction or sentence results from a charge of unlawful possession of alcoholic beverages while operat ing a motor vehicle, the court shall report such conviction or sentence to the Department of Public Safety within ten days after conviction or sentencing." Section 2. Code Section 40-5-63 of the Official Code of Georgia Annotated, relating to suspension and reinstatement of a driver's license, is amended by adding a new subsection (f) to read as follows: "(f) The driver's license of any person under 21 years of age who is convicted of unlaw ful possession of alcoholic beverages in violation of Code Section 3-3-23 while operating a motor vehicle may be suspended for a period of not less than 120 days. At the end of 120 days, the person may apply to the Department of Public Safety for reinstatement of his driver's license. Such license shall be reinstated only if the person submits proof of comple tion of an approved DUI Alcohol or Drug Use Risk Reduction Program prescribed 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 subsection, a sentence under subsection (c) of Code Section 3-3-23.1 shall not be considered a conviction, and the driver's license of such person shall not be suspended, provided that he completes a DUI Alcohol or Drug Use Risk Reduc tion Program within 120 days after sentencing." 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 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson _. laylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Albert Egan English Kidd Moye Phillips Shumake Steinberg White THURSDAY, MARCH 12, 1992 1815 On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed by substitute. HB 1453. By Representatives Floyd of the 135th, Balkcom of the 140th, Royal of the 144th and others: A bill to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to directing persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and regulations, so as to provide that the probate courts shall have jurisdiction to receive pleas of guilty and to impose sentence for violations of such Code section. 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: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Henson Hill Hooks Huggins Johnson Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Albert English Hasty Kidd Langford Moye Phillips Shumake Starr Steinberg White On the passage of the bill, the yeas were 45, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1371. By Representatives Holmes of the 28th, Greene of the 130th and Moultrie of the 93rd: A bill to amend Code Section 45-2-1 of the Official Code of Georgia Annotated, relating to persons ineligible to hold civil office, so as to change certain provisions relating to residency requirements. Senate Sponsors: Senators Kidd of the 25th and Garner of the 30th. 1816 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Broun of 46th Brown of 26th ^.urton CC~ooTllleimnsan Dawkins Deaj >ean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson 2H,,ill . Hug&m8 Johnson Langford Marable Newbill Perdue Perry Pollard Ragan of 10th Ramsey Ray Robinson Scott SS_ tteamr. rb, erg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Albert Bowen English Kidd Moye Phillips Ragan of 32nd Shumake Taylor White On the passage of the bill, the yeas were 46, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1296. By Representatives Walker of the 115th, Murphy of the 18th, Buck of the 95th and others: A bill to amend Code Section 35-3-36 of the Official Code of Georgia Annotated, relating to duties of state criminal justice agencies as to submission of finger prints, photographs, and other identifying data to the Georgia Crime Information Center, so as to provide that incident/complaint forms used by criminal justice agencies shall, when applicable, include the identification of any victim who is a student and the name of the school attended by any such student. Senate Sponsor: Senator Perdue of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge THURSDAY, MARCH 12, 1992 1817 Egan Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Langford Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Tavlor ^ylr Thompson Timmons Turner Walker of 22nd Walker of 43rd Those not voting were Senators: Albert English Hammill Kidd Moye Phillips Shumake Tysinger White On the passage of the bill, the yeas were 47, nays 0. The bill, having received the requisite constitutional majority, was passed. HB 1299. By Representative Dover of the llth: A bill to amend Chapter 1 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions of the "Georgia Public Revenue Code," so as to revise provisions relating to Georgia taxes; to define the terms "Internal Revenue Code" and "Internal Revenue Code of 1986" and thereby to incorporate provi sions of federal law into Georgia law. Senate Sponsor: Senator Starr of the 44th. The following Memorandum, as required by law, was read by the Secretary: Department of Audits 254 Washington Street, S.W. Room 214 Atlanta, Georgia 30334-8400 MEMORANDUM TO: The Honorable Bill Dover, Chairman House Ways and Means Committee FROM: G. W. Hogan, State Auditor Henry M. Huckaby, Director, Office of Planning and Budget DATE: February 5, 1992 SUBJECT: Fiscal Note - House Bill 1299 (LC 18 4653) Income Tax - Update This bill would revise the definition of "Internal Revenue Code" and "Internal Revenue Code of 1986" in the Georgia Public Revenue Code to make federal law enacted on or before January 1, 1992 applicable to Georgia law and would apply to taxable years beginning on or after January 1, 1992. This bill would have no significant impact on state revenues. 1st G. W. Hogan State Auditor /s/ Henry M. Huckaby Director, Office of Planning and Budget 1818 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th ^,urton %CCoo*ll?leimnsan Dawkins Deal Dean Echols Edge Egan Garner Gillis Hammill Harris Hasty Hengon Hill JHToohonksson Langford Marable Newbill Perdue Perry Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg TTaaytel.or Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd Those not voting were Senators: Albert English Foster Huggins Kidd Moye Phillips Shumake Starr 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 message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1261. 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 July 1,1992 June 30, 1993. HB 1902. By Representatives Carrell of the 65th, Thomas of the 69th and Connell of the 87th: A bill to amend Article 17 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to rights in certain works of art, so as to remove the require ments regarding duplications of certain works of art. THURSDAY, MARCH 12, 1992 1819 The following bills of the House were read the first time and referred to committees: HB 1261. 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 July 1,1992 June 30, 1993. Referred to Committee on Appropriations. HB 1902. By Representatives Carrell of the 65th, Thomas of the 69th and Connell of the 87th: A bill to amend Article 17 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to rights in certain works of art, so as to remove the require ments regarding duplications of certain works of art. Referred to Committee on Judiciary. The following general bill of the House, having been read the third time on March 6 and postponed until March 12, and placed on the Senate Rules Calendar for today, was put upon its passage: HB 1644. By Representative Jones of the 71st: A bill to amend Code Section 21-3-105 of the Official Code of Georgia Annotated, relating to notice of intent of write-in candidates in general or special municipal elections and filing of an affidavit of intention of candidacy, so as to change the provisions relative to the person to whom a notice of intention of candidacy must be given. Senator Sponsor: Senator Edge of the 28th. Senator Edge of the 28th offered the following substitute to HB 1644: A BILL To be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to change certain provisions regarding the fixing and publishing of qualification fees; to change certain provisions regarding the qualification of candidates for party nomination in a primary; to change certain provisions relating to procedures for voting by absentee ballot; to change the provisions relative to the person to whom a notice of intention of candidacy must be given; to authorize persons to be sworn in to municipal office while an election contest is pending; to provide for the effect of final judgments; 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 21 of the Official Code of Georgia Annotated, relating to elections, is amended by striking paragraph (1) of subsection (a) of Code Section 21-2-131, relating to the fixing and publishing of qualification fees, and inserting in its place a new paragraph (1) to read as follows: "(1) The governing authority of any county, not later than February 1 of any year in which a general primary, nonpartisan primary, or general election is to be held, and at least 20 days prior to the special primary or election in the case of a special primary or special election, shall fix and publish a qualifying fee for each county office to be filled in the upcoming primary or election. Such fee shall be 3 percent of the annual salary of the office if a salaried office. If not a salaried office, a reasonable fee shall be set by the county governing authority, such fee not to exceed 3 percent of the income derived from such office by the person holding the office for the preceding year;". Section 2. Said title is further amended by striking subsection (c) of Code Section 21-2- 1820 JOURNAL OF THE SENATE 153, relating to qualification of candidates for party nomination in a primary, and inserting in its place a new subsection (c) to read as follows: "(c) In the case of a general primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April. In the case of a special primary, the candidate shall qualify at least 15 days prior to the date of such primary." Section 3. Said title is further amended by striking subsection (b) of Code Section 21-2385, relating to procedure for voting by absentee ballot, and inserting in its place a new subsection (b) to read as follows: "(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector who is qualified to vote in the same county as the disabled or illiterate elector or the mother, father, grandparent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-in-law, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his own county, a notary public of the jurisdiction may give such assistance and shall sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff." Section 4. Said title is further amended by striking subsections (a) and (b) of Code Section 21-3-105, relating to notice of intent of write-in candidates, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) In a general or special municipal election, no person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given 20 or more days prior to the election by the person to be a write-in candidate or by some other person or group of persons qualified to vote in the election, to the mayor or aimilar officer the superintendent as defined in paragraph (31) of Code Section 21-3-2 of the municipality anH by publication in the official gazette of the municipality holding the election. (b) In addition to the requirements contained in subsection (a) of this Code section, the person or persons giving notice of intention of candidacy for a write-in candidate shall also file, with the mayor or similar officer the superintendent as defined in paragraph (31) of Code Section 21-3-2 of the municipality, a copy of the notice as published with an affidavit stating that the notice has been published, with the name of the newspaper and the date of publication, not later than the fifth day after the deadline for filing and publishing such notice. The affidavit may be made by the person giving notice of intention of candidacy or by the publisher of the newspaper in which the notice was published or by an employee of the newspaper designated by the publisher." Section 5. Said title is further amended by striking subsection (b) of Code Section 21-3285, relating to procedure for voting by absentee ballot, and inserting in its place a new subsection (b) to read as follows: "(b) A physically disabled or illiterate elector may receive assistance in preparing his ballot from one of the following: any elector selected by such elector who is qualified to vote in the same municipality as the disabled or illiterate elector; or the father, mother, grand parent, aunt, uncle, brother, sister, spouse, son, daughter, niece, nephew, grandchild, son-inlaw, daughter-in-law, mother-in-law, father-in-law, brother-in-law, or sister-in-law of the disabled or illiterate elector. The person rendering assistance to the elector in preparing the ballot shall sign the oath printed on the same envelope as the oath to be signed by the elector. If the disabled or illiterate elector is sojourning outside his own municipality, a no tary public of the jurisdiction may give such assistance and shall then sign the oath printed on the same envelope as the oath to be signed by the elector. No person shall assist more than ten such electors in any primary, election, or runoff." THURSDAY, MARCH 12, 1992 1821 Section 6. Said title is further amended by adding a new Code section immediately following Code Section 21-3-408, to be designated Code Section 21-3-408.1, to read as follows: "21-3-408.1. A person elected to a municipal office may be sworn into office notwith standing that the election of such person may be contested in the manner provided by this chapter. Upon the final judgment of the proper tribunal having jurisdiction of a contested election which orders a second election or declares that another person was legally elected to the office, the person sworn into office shall cease to hold the office and shall cease to exer cise the powers, duties, and privileges of the office immediately." 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. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted. The President announced that, pursuant to Senate Rule 143, consideration of HB 1644 would be suspended and placed on the Senate General Calendar. The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage: SB 779. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of speed detection devices, so as to repeal the requirement that the law enforcement agency must possess a license in compliance with Fed eral Communications Commission rules to use a speed detection device and that each device be certified for compliance. Senator Moye of the 34th offered the following amendment: Amend SB 779 by inserting on line 1 of page 1 the following: "Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for distinctive license plates for emergency management personnel; to provide for issuance of such plates if 250 applications are re ceived; to provide for a fee; to provide for transfer between vehicles in certain circum stances; to provide for license plates of separated emergency management personnel; to pro vide for new license plates for those returning to service; to provide for rules and regulations; to provide for annual renewal; to amend". By inserting between lines 9 and 10 of page 1 the following: "Section 0.5. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by striking in its entirety Code Section 40-2-76, which reads as follows: '40-2-76. Reserved.', and inserting a new Code section to read as follows: '40-2-76. (a) Any resident motor vehicle owners who are members of any emergency management organization established in accordance with the state emergency plan and pro gram pursuant to Code Section 38-3-27, whether serving with or without compensation, may submit an application to the commissioner for a special and distinctive vehicle license plate identifying the owner as a member of an emergency management organization for a private passenger car or truck used for personal transportation. The commissioner shall retain all applications for such special license plates until a minimum of 250 applications have been 1822 JOURNAL OF THE SENATE received. If the commissioner does not receive the required minimum 250 applications no later than July 31 of the year preceding the year of issuance of such plates, no such special plates shall be issued and all fees shall be refunded to applicants. Such license plates shall be issued in compliance with the state motor vehicle laws relating to registration and licens ing of motor vehicles as prescribed in Article 2 of this chapter. No member of an emergency management organization shall be entitled to more than one special and distinctive motor vehicle license plate. Such license plate shall be inscribed with such letters, numbers, words, symbols, or a combination thereof as determined by the commissioner to identify the owner as a member of an emergency management organization. The directors of the various emer gency management organizations established pursuant to Code Section 38-3-27 shall furnish to the commissioner each year prior to the date that license plates are issued a list of the members of their emergency management organizations who reside in Georgia. (b) (1) Upon transfer of the ownership of a private passenger vehicle upon which there is a license plate distinctively identifying the owner thereof as a member of an emergency management organization, such plate shall be removed and the authority to use the plate shall thereby be canceled; however, after such a transfer of ownership occurs, should the said member of an emergency management organization acquire another motor vehicle, the license plate issued pursuant to this Code section may be transferred between vehicles as provided in Code Section 40-2-80. (2) Should a member of an emergency management organization who has been issued a special and distinctive license plate be separated from the emergency management organiza tion, the director of such emergency management organization shall obtain the separated member's license plate at the time of the separation and shall forward same to the commis sioner along with a certificate to the effect that such person has been separated, and there upon the commissioner shall reissue a regular license plate, at no additional charge, to such former member of an emergency management organization to replace the special and dis tinctive plate. Should a member of an emergency management organization return to service with the same or another emergency management organization established pursuant to Code Section 38-3-27, the director of such emergency management organization shall likewise se cure the regular license plate of such person and return same to the commissioner, along with a certificate to the effect that such person has become a member of the emergency management organization, and the effective date thereof, whereupon the commissioner shall, upon application and upon the payment of a $25.00 manufacturing fee and all other applica ble registration and licensing fees at the time of registration, reissue a special and distinctive license plate to such new member to replace the returned regular plate. Upon such request for a change in plate for a member of an emergency management organization who is sepa rated from an emergency management organization, the director of the emergency manage ment organization shall furnish such member with a copy of the letter to the commissioner requesting the appropriate change in plate, which copy of such letter may be used by such member pending the issuance of the new plate. (c) The commissioner shall promulgate such rules and regulations as may be necessary to enforce compliance with all state license laws relating to the use and operation of private passenger cars and trucks before issuing these plates in lieu of the regular Georgia license plates, and all applications for such plates shall be made to the commissioner. The manufac turing fee for such a special and distinctive license plate shall be $25.00. The commissioner is specifically authorized to promulgate all rules and regulations necessary to ensure compli ance in instances where such vehicles have been transferred or sold. Except as provided in subsection (b) of this Code section, such plates shall be nontransferable. (d) Special license plates issued under this Code section shall be renewed annually with a revalidation decal as provided in Code Section 40-2-31. It shall be a requirement that a county name decal be affixed and displayed on license plates issued under this Code section.'" On the adoption of the amendment, the yeas were 38, nays 0, and the amendment was adopted. THURSDAY, MARCH 12, 1992 1823 The President announced that, pursuant to Senate Rule 143, consideration of SB 779 would be suspended and placed on the Senate General Calendar. The following resolution of the Senate was read and adopted: SR 544. By Senators Tate of the 38th, Langford of the 35th, Scott of the 36th and others: A resolution in tribute to Alex Haley. At 5:45 o'clock P.M., the President announced that the Senate would stand in recess until 8:00 o'clock P.M. and then, pursuant to HR 1038, adopted previously, stand adjourned until 10:00 o'clock A.M. on Wednesday, March 18, 1992. 1824 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 18, 1992 Thirty-third Legislative Day The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President. Senator Huggins of the 53rd reported that the Journal of the proceedings of Thursday, March 12, had been read and found correct. Senator Robinson of the 16th moved that the Senate reconsider its action on March 12 in defeating the following bill of the House: HB 1497. By Representatives Buck of the 95th, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Article 1 of Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to food and beverage standards and labeling in general, so as to define the term "spring water". On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bowen Broun of 46th Burton Clay Coleman Collins Deal Dean Echols Edge English Garner Gillis Hammill Harris Hasty Hill Hooks Huggins Johnson Kidd Newbill Perdue Perry Pollard Ragan of 32nd Ramsey Ray Robinson Starr Taylor Thompson Turner Tysinger Walker of 22nd Walker of 43rd Those voting in the negative were Senators: Dawkins Egan Foster Marable Moye Phillips Ragan of 10th Scott Timmons White Those not voting were Senators: Bishop Brown of 26th Henson Langford Shumake Steinberg Tate On the motion, the yeas were 39, nays 10; the motion prevailed, and HB 1497 was reconsidered and placed on the Senate General Calendar. By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed. WEDNESDAY, MARCH 18, 1992 1825 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1157. By Representatives Poston of the 2nd, McCoy of the 1st, Perry of the 5th, Snow of the 1st and Poag of the 3rd: A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population. HB 1158. By Representatives Poston of the 2nd, Perry of the 5th, Snow of the 1st, McCoy of the 1st and Poag of the 3rd: A bill to amend an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population. HB 1926. By Representatives Sinkfield of the 37th, Redding of the 50th, Thomas of the 55th, Williams of the 54th, Thomas of the 31st and others: A bill to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide that revenue received by the City of Atlanta from school and educational ad valorem taxes shall be paid to the Atlanta Board of Education or, by agreement, paid into the city treasury to be remitted monthly to the board of education or used for such board of education. HB 1949. By Representative Selman of the 32nd: A bill to amend an Act establishing a charter for the City of Fairburn, so as to authorize the city council to grant certain franchises. HB 2000. By Representative Reaves of the 147th: A bill to repeal an Act providing for the compensation of the county clerk in all counties in the state having a population of not less than 2,100 nor more than 2,300 according to the United States decennial census of 1980 or any future such census. HB 2001. By Representative Reaves of the 147th: A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300. HB 2010. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphan age for Bibb County, so as to provide for the board and its purposes. 1826 JOURNAL OF THE SENATE HB 2033. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st: A bill to amend an Act revising and consolidating the laws pertaining to the gov erning authority of Carroll County, so as to change the minimum age for district commissioners. HB 2047. By Representatives Jamieson of the llth and Dover of the llth: A bill to repeal an Act providing that the board of commissioners of each county in this state having a population of not less than 23,000 nor more than 23,500 according to the United States decennial census of 1970 or any future such cen sus shall hold its regular monthly meeting on the first Tuesday in each month at the county courthouse. HB 2048. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to repeal certain provisions relating to the depositing and auditing of county funds in all counties with populations of not less than 23,000 and not more than 25,300 according to the United States decennial census of 1970 or any future such census. HB 2050. By Representative Heard of the 43rd: A bill to create a public body corporate and politic, and an instrumentality of the County of Fayette, to be known as the Fayette County Economic Development Authority. HB 2051. By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the date of municipal elections. HB 2056. By Representatives Jackson of the 9th and Orr of the 9th: A bill to create the Hall County Water and Sewerage Authority. HB 2058. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide the procedure for filling vacancies. HB 1654. By Representatives Martin of the 26th and Orrock of the 30th: A bill to provide a homestead exemption from all Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county. HB 1777. By Representatives Sinkfield of the 37th, Martin of the 26th, Orrock of the 30th, Canty of the 38th, Holmes of the 28th and others: A bill to amend an Act entitled "An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County," so as to provide that under certain circumstances such ad valorem tax collected for the Atlanta Board of Education shall be paid to the Atlanta Board of Education within a certain time. WEDNESDAY, MARCH 18, 1992 1827 HB 1780. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd: A bill to provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district. HB 1785. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd: A bill to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city. HB 1820. By Representatives Selman of the 32nd and Lane of the 27th: A bill to provide homestead exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the as sessed value of the homestead for certain residents of that school district. HB 1837. By Representative Byrd of the 153rd: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to provide that certain courses shall contain and shall not contain certain information. HB 1399. By Representatives Holland of the 136th, Porter of the 119th, Jamieson of the llth, Baker of the 51st, Floyd of the 135th and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for certain businesses in cer tain counties. HB 1749. By Representatives Cummings of the 134th, Thomas of the 31st, McKinney of the 40th, Taylor of the 94th, Valenti of the 52nd and others: A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that an officer who wantonly and recklessly destroys property during the execution of a search warrant shall be civilly liable to the owner or occupant of such property. HB 1109. By Representative Watson of the 114th: A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to change the definition of the term "state minimum standard \codes". HB 1814. By Representatives Stancil of the 8th, Bostick of the 138th, Oliver of the 53rd and Pinholster of the 8th: A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide for notification upon certain changes of residence of a custodial or joint custodial parent; to provide for cer tain hearings with respect to visitation rights, custody, or child support. HB 1116. By Representative McKinney of the 35th: A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, so as to provide that such 1828 JOURNAL OF THE SENATE power shall include the power to authorize any of the officers, agents, and em ployees of the municipal corporation to serve certain process, summons, notices, or orders. HB 1375. By Representatives Holmes of the 28th, Walker of the 115th, Coleman of the 118th, Connell of the 87th, Thurmond of the 67th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions of property from ad valorem taxation, so as to provide that property of certain community service organizations shall be exempt from all ad valorem property taxes in this state. HB 1385. By Representatives Patten of the 149th and Dobbs of the 74th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide a further statement of policy; to define certain terms; to provide certain powers and duties of the Board of Natural Resources. HB 912. By Representatives Baker of the 51st and Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for magistrates of Georgia. HB 1675. By Representatives Holland of the 136th and Smith of the 16th: A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property gener ally, so as to provide for sale of such property to the highest bidder. HB 1796. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to change an exemption from a certain tax on certain premiums charged by each company, corporation, and association. HB 1599. By Representatives Martin of the 26th, Childers of the 15th, Coleman of the 118th, McKinney of the 35th, Hamilton of the 124th and others: A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency or any other agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the en tire matter, including a criminal records check of each petitioner. HB 1490. By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that certain expense and per diem provisions, organizational requirements, and certification and classification requirements apply to all local school superintendents of county and independent school systems. WEDNESDAY, MARCH 18, 1992 1829 The House has adopted by the requisite constitutional majority the following resolution of the House: HR 997. By Representative Lane of the 27th: A resolution to amend the resolution approved April 12, 1991, which proposed an amendment to the Constitution which would require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular po litical subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting on such question in the particular political subdivision or subdivisions affected by the amendment, so as to clarify the meaning of said resolution. The House has passed by the requisite constitutional majority the following bills of the House: HB 1637. By Representatives Barfoot of the 120th, Porter of the 119th, Canty of the 38th, Coleman of the 118th and Moody of the 153rd: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, and to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, so as to provide that consumers who purchase used motor vehicles from a licensed auctioneer may recover from the auctioneers education, research, and recovery fund. HB 1932. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Code Section 14-2-603 of the Official Code of Georgia Annotated, relating to issued and outstanding shares, so as to revise the provisions relating to preemptive rights to acquire shares. HB 1974. By Representatives Clark of the 13th, Powell of the 13th, Jackson of the 9th, Coleman of the 118th, Yeargin of the 14th and others: A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to equipment on school buses in general, so as to provide for strobe lights on school buses. HB 1914. By Representative Clark of the 13th: A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and sal vage dealers, so as to revise certain provisions relating to the powers and duties of the board; to revise provisions relating to registration, licenses, and inspections. HB 1583. By Representative Barnett of the 10th: A bill to amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the authority of local government to create an advisory board in con nection with the establishment of an emergency telephone number "911" system, so as to require the creation of an advisory board. 1830 JOURNAL OF THE SENATE HB 1640. By Representatives Bordeaux of the 122nd, Lucas of the 102nd, Stanley of the 33rd, Connell of the 87th and Oliver of the 53rd: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to pro hibit unlicensed personal care home operators from making certain representa tions regarding services. HB 1562. By Representative Dover of the llth: A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to specify the time at which interest shall begin to accrue with respect to certain tax appeals. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 1029. By Representative Oliver of the 121st: A resolution designating Coleman's Bridge. HR 1008. By Representative Perry of the 5th: A resolution designating J. C. "Jake" Woods Avenue in the City of Trion. HR 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis. HR 1045. By Representative Streat of the 139th: A resolution commending Bishop Johnny Lee Litman, Jr.; on his twentieth anni versary of service as bishop. The House has passed by the requisite constitutional majority the following bills of the House: HB 1474. By Representatives McKelvey of the 15th, Smith of the 16th, Merritt of the 123rd, Porter of the 119th, Watts of the 41st and others: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving theft, so as to create the crimi nal offense of fraudulent receipt of rental property. HB 494. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of a certificate of title and salvage certificates of title, so as to provide that an insurance company may not pay and an owner may not receive payment of a total loss settlement for a vehicle which has extensive dam age until the title for such vehicle is submitted to the commissioner of revenue for cancellation or for issuance of a salvage title. The following bills and resolution of the Senate were introduced, read the first time and referred to committees: SB 858. By Senator Thompson of the 33rd: A bill to provide for a homestead exemption of $10,000.00 from all Powder Springs, Georgia, ad valorem taxes for residents of Powder Springs, Georgia, who are disabled and who have a net income not exceeding $15,000.00 for the immedi ately preceding taxable year; to provide for a statement of authority; to provide WEDNESDAY, MARCH 18, 1992 1831 for the calculation of income and amounts to be included in such calculation; to provide for disability and the determination thereof. Referred to Committee on Urban and County Affairs. SB 859. By Senator Pollard of the 24th: A bill to amend an Act creating the board of commissioners of Greene County, as amended, so as to provide for compensation of the chairman; to provide an effec tive date. Referred to Committee on Urban and County Affairs. SB 860. By Senator Pollard of the 24th: A bill to amend an Act consolidating the offices of tax receiver and tax collector of Greene County into the one office of tax commissioner of Greene County, as amended, so as to change the compensation provisions relating to the tax com missioner; to provide an effective date. Referred to Committee on Urban and County Affairs. SB 861. By Senator Broun of the 46th: A bill to grant to residents of Clarke County and the Clarke County School Dis trict, upon their homesteads, an exemption of $10,000.00 from certain ad valorem taxes levied by the Unified Government of Athens-Clarke County, Georgia, and levied by, for, or on behalf of the Clarke County School District; to provide that the exemption will be phased in for certain residents. Referred to Committee on Urban and County Affairs. SB 862. By Senator Foster of the 50th: A bill to amend an Act providing for the election of the members of the Board of Education of Habersham County so as to change the education districts; to pro vide for definitions; to provide for conflicting descriptions; to provide for inclu sion of certain areas within other districts; to require certain submissions and provide for automatic repeal. Referred to Committee on Urban and County Affairs. SR 543. By Senator Ramsey of the 54th: A resolution creating the Senate Department of Public Health Study Committee. Referred to Committee on Rules. The following bills and resolutions of the House were read the first time and referred to committees: HB 494. By Representatives Harris of the 84th, Parham of the 105th and Barnett of the 10th: A bill to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of a certificate of title and salvage certificates of title, so as to provide that an insurance company may not pay and an owner may not receive payment of a total loss settlement for a vehicle which has extensive dam age until the title for such vehicle is submitted to the commissioner of revenue for cancellation or for issuance of a salvage title. Referred to Committee on Insurance and Labor. 1832 JOURNAL OF THE SENATE HB 912. By Representatives Baker of the 51st and Cummings of the 17th: A bill to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement, so as to provide a new retirement system for magistrates of Georgia. Referred to Committee on Retirement. HB 1109. By Representative Watson of the 114th: A bill to amend Part 2 of Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to state building, plumbing, electrical, and other codes, so as to change the definition of the term "state minimum standard codes". Referred to Committee on Insurance and Labor. HB 1116. By Representative McKinney of the 35th: A bill to amend Code Section 36-34-2 of the Official Code of Georgia Annotated, relating to the administration of government generally, so as to provide that such power shall include the power to authorize any of the officers, agents, and em ployees of the municipal corporation to serve certain process, summons, notices, or orders. Referred to Committee on Judiciary. HB 1375. By Representatives Holmes of the 28th, Walker of the 115th, Coleman of the 118th and others: A bill to amend Code Section 48-5-41 of the Official Code of Georgia Annotated, relating to exemptions of property from ad valorem taxation, so as to provide that property of certain community service organizations shall be exempt from all ad valorem property taxes in this state. Referred to Committee on Finance and Public Utilities. HB 1385. By Representatives Patten of the 149th and Dobbs of the 74th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, the "Georgia Comprehensive Solid Waste Management Act," so as to provide a further statement of policy; to define certain terms; to provide certain powers and duties of the Board of Natural Resources. Referred to Committee on Natural Resources. HB 1399. By Representatives Holland of the 136th, Porter of the 119th, Jamieson of the llth and others: A bill to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, and computation of income taxes and exemptions therefrom, so as to provide tax credits for certain businesses in cer tain counties. Referred to Committee on Finance and Public Utilities. HB 1474. By Representatives McKelvey of the 15th, Smith of the 16th, Merritt of the 123rd and others: A bill to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to criminal offenses involving theft, so as to create the crimi nal offense of fraudulent receipt of rental property. Referred to Committee on Special Judiciary. WEDNESDAY, MARCH 18, 1992 1833 HB 1490. By Representatives Hamilton of the 124th, Thomas of the 69th, Kilgore of the 42nd and Walker of the 115th: A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide that certain expense and per diem provisions, organizational requirements, and certification and classification requirements apply to all local school superintendents of county and independent school systems. Referred to Committee on Education. HB 1562. By Representative Dover of the llth: A bill to amend Code Section 48-2-18 of the Official Code of Georgia Annotated, relating to the State Board of Equalization, so as to specify the time at which interest shall begin to accrue with respect to certain tax appeals. Referred to Committee on Finance and Public Utilities. HB 1583. By Representative Barnett of the 10th: A bill to amend Code Section 46-5-136 of the Official Code of Georgia Annotated, relating to the authority of local government to create an advisory board in con nection with the establishment of an emergency telephone number "911" system, so as to require the creation of an advisory board. Referred to Committee on Finance and Public Utilities. HB 1599. By Representatives Martin of the 26th, Childers of the 15th, Coleman of the 118th and others: A bill to amend Chapter 8 of Title 19 of the Official Code of Georgia Annotated, relating to adoption, so as to provide that prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of a child-placing agency or any other agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the en tire matter, including a criminal records check of each petitioner. Referred to Committee on Special Judiciary. HB 1637. By Representatives Barfoot of the 120th, Porter of the 119th, Canty of the 38th and others: A bill to amend Chapter 6 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of auctioneers, and to amend Chapter 47 of Title 43 of the Official Code of Georgia Annotated, relating to licensing of used motor vehicle dealers, so as to provide that consumers who purchase used motor vehicles from a licensed auctioneer may recover from the auctioneers education, research, and recovery fund. Referred to Committee on Governmental Operations. HB 1640. By Representatives Bordeaux of the 122nd, Lucas of the 102nd, Stanley of the 33rd and others: A bill to amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the "Fair Business Practices Act of 1975," so as to pro hibit unlicensed personal care home operators from making certain representa tions regarding services. Referred to Committee on Youth, Aging and Human Ecology. 1834 JOURNAL OF THE SENATE HB 1675. By Representative Holland of the 136th: A bill to amend Code Section 36-9-3 of the Official Code of Georgia Annotated, relating to the procedure for the sale or disposition of county real property gener ally, so as to provide for sale of such property to the highest bidder. Referred to Committee on Finance and Public Utilities. HB 1749. By Representatives Cummings of the 134th, Thomas of the 31st, McKinney of the 40th and others: A bill to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to provide that an officer who wantonly and recklessly destroys property during the execution of a search warrant shall be civilly liable to the owner or occupant of such property. Referred to Committee on Special Judiciary. HB 1796. By Representative Cummings of the 17th: A bill to amend Article 4 of Chapter 7 of Title 47 of the Official Code of Georgia Annotated, relating to financing the Georgia Firemen's Pension Fund, so as to change an exemption from a certain tax on certain premiums charged by each company, corporation, and association. Referred to Committee on Retirement. HB 1814. By Representatives Stancil of the 8th, Bostick of the 138th, Oliver of the 53rd and Pinholster of the 8th: A bill to amend Code Section 19-9-1 of the Official Code of Georgia Annotated, relating to custody of children, so as to provide for notification upon certain changes of residence of a custodial or joint custodial parent; to provide for cer tain hearings with respect to visitation rights, custody, or child support. Referred to Committee on Judiciary. HB 1837. By Representative Byrd of the 153rd: A bill to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum under the "Quality Basic Education Act," so as to provide that certain courses shall contain and shall not contain certain information. Referred to Committee on Governmental Operations. HB 1914. By Representative Clark of the 13th: A bill to amend Chapter 48 of Title 43 of the Official Code of Georgia Annotated, relating to used motor vehicle parts dealers, dismantlers, and rebuilders and sal vage dealers, so as to revise certain provisions relating to the powers and duties of the board; to revise provisions relating to registration, licenses, and inspections. Referred to Committee on Governmental Operations. HB 1932. By Representatives Chambless of the 133rd, Thomas of the 69th and Pettit of the 19th: A bill to amend Code Section 14-2-603 of the Official Code of Georgia Annotated, relating to issued and outstanding shares, so as to revise the provisions relating to preemptive rights to acquire shares. Referred to Committee on Judiciary. WEDNESDAY, MARCH 18, 1992 1835 HB 1974. By Representatives Clark of the 13th, Powell of the 13th, Jackson of the 9th and others: A bill to amend Code Section 40-8-111 of the Official Code of Georgia Annotated, relating to equipment on school buses in general, so as to provide for strobe lights on school buses. Referred to Committee on Public Safety. HR 879. By Representative Murphy of the 18th: A resolution compensating Sandra K. Davis in the sum of $6,026.00. Referred to Committee on Finance and Public Utilities. HR 997. By Representative Lane of the 27th: A resolution to amend the resolution approved April 12, 1991, which proposed an amendment to the Constitution which would require that when local Acts of the General Assembly repeal constitutional amendments applicable to particular po litical subdivisions, each such local Act shall be conditioned for its effectiveness on approval by a majority of the qualified voters voting on such question in the particular political subdivision or subdivisions affected by the amendment, so as to clarify the meaning of said resolution. Referred to Committee on Urban and County Affairs (General). HR 1008. By Representative Perry of the 5th: A resolution designating J. C. "Jake" Woods Avenue in the City of Trion. Referred to Committee on Transportation. HR 1029. By Representative Oliver of the 121st: A resolution designating Coleman's Bridge. Referred to Committee on Transportation. HB 1157. By Representatives Poston of the 2nd, McCoy of the 1st, Perry of the 5th and others: A bill to amend an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population. Referred to Committee on Urban and County Affairs (General). HB 1158. By Representatives Poston of the 2nd, Perry of the 5th, Snow of the 1st and others: A bill to amend an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, so as to change the provisions relative to population. Referred to Committee on Urban and County Affairs (General). HB 1654. By Representatives Martin of the 26th and Orrock of the 30th: A bill to provide a homestead exemption from all Fulton County ad valorem taxes for county purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that county. Referred to Committee on Urban and County Affairs. 1836 JOURNAL OF THE SENATE HB 1777. By Representatives Sinkfield of the 37th, Martin of the 26th, Orrock of the 30th and others: A bill to amend an Act entitled "An Act to require the Tax Receiver or Tax Commissioner of Fulton County to receive tax returns for the City of Atlanta for all property taxable in that portion of the City of Atlanta located in Fulton County," so as to provide that under certain circumstances such ad valorem tax collected for the Atlanta Board of Education shall be paid to the Atlanta Board of Education within a certain time. Referred to Committee on Urban and County Affairs. HB 1780. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd: A bill to provide a homestead exemption from certain City of Atlanta School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that school district. Referred to Committee on Urban and County Affairs. HB 1785. By Representatives Martin of the 26th, Orrock of the 30th and Oliver of the 53rd: A bill to provide a homestead exemption from certain City of Atlanta ad valorem taxes for city purposes in the amount of $25,000.00 of the assessed value of the homestead for certain residents of that city. Referred to Committee on Urban and County Affairs. HB 1820. By Representatives Selman of the 32nd and Lane of the 27th: A bill to provide homestead exemption from all Fulton County School District ad valorem taxes for educational purposes in the amount of $25,000.00 of the as sessed value of the homestead for certain residents of that school district. Referred to Committee on Urban and County Affairs. HB 1926. By Representatives Sinkfield of the 37th, Redding of the 50th, Thomas of the 55th and others: A bill to amend an Act to reincorporate the City of Atlanta in the Counties of Fulton and DeKalb, so as to provide that revenue received by the City of Atlanta from school and educational ad valorem taxes shall be paid to the Atlanta Board of Education or, by agreement, paid into the city treasury to be remitted monthly to the board of education or used for such board of education. Referred to Committee on Urban and County Affairs. HB 1949. By Representative Selman of the 32nd: A bill to amend an Act establishing a charter for the City of Fairburn, so as to authorize the city council to grant certain franchises. Referred to Committee on Urban and County Affairs. HB 2000. By Representative Reaves of the 147th: A bill to repeal an Act providing for the compensation of the county clerk in all counties in the state having a population of not less than 2,100 nor more than 2,300 according to the United States decennial census of 1980 or any future such census. Referred to Committee on Urban and County Affairs (General). WEDNESDAY, MARCH 18, 1992 1837 HB 2001. By Representative Reaves of the 147th: A bill to repeal an Act fixing the compensation of certain officials of cities which have a population of not less than 5,150 and not more than 5,300. Referred to Committee on Urban and County Affairs (General). HB 2010. By Representatives Randall of the 101st, Lucas of the 102nd, Pinkston of the 100th and Groover of the 99th: A bill to amend an Act establishing the Board of Public Education and Orphan age for Bibb County, so as to provide for the board and its purposes. Referred to Committee on Urban and County Affairs. HB 2033. By Representatives Simpson of the 70th, Thomas of the 69th and Jones of the 71st: A bill to amend an Act revising and consolidating the laws pertaining to the gov erning authority of Carroll County, so as to change the minimum age for district commissioners. Referred to Committee on Urban and County Affairs. HB 2047. By Representatives Jamieson of the llth and Dover of the llth: A bill to repeal an Act providing that the board of commissioners of each county in this state having a population of not less than 23,000 nor more than 23,500 according to the United States decennial census of 1970 or any future such cen sus shall hold its regular monthly meeting on the first Tuesday in each month at the county courthouse. Referred to Committee on Urban and County Affairs (General). HB 2048. By Representatives Jamieson of the llth and Dover of the llth: A bill to amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions regarding local government, so as to repeal certain provisions relating to the depositing and auditing of county funds in all counties with populations of not less than 23,000 and not more than 25,300 according to the United States decennial census of 1970 or any future such census. Referred to Committee on Urban and County Affairs (General). HB 2050. By Representative Heard of the 43rd: A bill to create a public body corporate and politic, and an instrumentality of the County of Fayette, to be known as the Fayette County Economic Development Authority. Referred to Committee on Urban and County Affairs. HB 2051. By Representative Balkcom of the 140th: A bill to amend an Act incorporating the City of Blakely, so as to change the date of municipal elections. Referred to Committee on Urban and County Affairs. HB 2056. By Representatives Jackson of the 9th and Orr of the 9th: A bill to create the Hall County Water and Sewerage Authority. Referred to Committee on Urban and County Affairs. 1838 JOURNAL OF THE SENATE HB 2058. By Representatives Orr of the 9th, Jackson of the 9th and Lawson of the 9th: A bill to amend an Act creating a Board of Commissioners of Hall County, so as to provide the procedure for filling vacancies. Referred to Committee on Urban and County Affairs. The following reports of standing committees were read by the Secretary: Mr. President: The Committee on Banking and Financial Institutions has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1821. Do pass. HB 336. Do pass. Respectfully submitted, Senator Turner of the 8th District, Chairman Mr. President: The Committee on Insurance and Labor has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the follow ing recommendation: HB 1679. Do pass by substitute. Respectfully submitted, Senator Pollard of the 24th District, Chairman Mr. President: The Committee on Retirement has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation: HB 551. Do pass. Respectfully submitted, Senator Tate of the 38th District, Chairman Mr. President: The Committee on Rules has had under consideration the following resolutions of the Senate and has instructed me to report the same back to the Senate with the following recommendations: SR 277. Do pass. SR 512. Do pass by substitute. SR 406. Do pass. SR 496. Do pass. Respectfully submitted, Senator Dean of the 31st District, Chairman Mr. President: The Committee on Transportation has had under consideration the following resolu tions and bill of the House and has instructed me to report the same back to the Senate with the following recommendations: WEDNESDAY, MARCH 18, 1992 1839 HR 874. HR 946. HR 976. Do pass. Do pass. Do pass. HR 978. Do pass. HB 1904. Do pass. Respectfully submitted, Senator Coleman of the 1st District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the House and has instructed me to report the same back to the Senate with the following recommendations: HB 1114. Do pass. HB 1858. Do pass. HB 1117. Do pass. HB 1118. Do pass. THTBrl 1879. _Do pass. HB 1816. Do pass. HB 1909. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman Mr. President: The Committee on Urban and County Affairs has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations: SB 842. Do pass. HB 1833. Do pass. HB 1673. Do pass. HB 1913. Do pass. HB 1729. Do pass. HB 1970. Do pass. HB 1803. Do pass. HB 1980. Do pass. HB 1832. Do pass. HB 1990. Do pass. Respectfully submitted, Senator Harris of the 27th District, Chairman The following bills and resolutions of the Senate and House were read the second time: SR 534. By Senators Deal of the 49th, Garner of the 30th, Johnson of the 47th and Perry of the 7th: A resolution requiring development of a multiyear plan to reduce personnel ex pense in state government. HB 124. By Representatives Dobbs of the 74th, Bates of the 141st and Barfoot of the 120th: A bill to amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to provide for the regulation of toxic heavy metals in packaging waste. HB 538. By Representatives Thomas of the 31st, Sinkfield of the 37th, Oliver of the 53rd and others: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to require individual and group accident and sickness insurance coverage of mammograms and Pap smears. 1840 JOURNAL OF THE SENATE HB 1170. By Representative Barnett of the 10th: A bill to amend Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, so as to provide that a sick, injured, or disabled inmate shall be responsible for reimbursing the state, county, or municipality for the costs of medical services furnished the inmate. HB 1243. By Representatives Holmes of the 28th, Moultrie of the 93rd, Greene of the 130th and Goodwin of the 63rd: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the time period during which elections can be conducted for the purpose of exempting certain tangible personal property from ad valorem taxation or imposing a joint county and municipal sales and use tax or a special county 1 percent sales and use tax. HB 1256. By Representative Watson of the 114th: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change the definition of retail sale regarding the state sales and use tax; to exempt certain revenues generated from certain amusement machines from state sales and use taxation. HB 1290. By Representatives Branch of the 137th, Kilgore of the 42nd, Harris of the 96th and others: A bill to amend Chapter 14 of Title 43 of the Official Code of Georgia Annotated, relating to electrical contractors, plumbers, conditioned air contractors, low-volt age contractors and utility contractors, so as to provide for the licensing and reg ulation of roofing contractors. HB 1314. By Representative Murphy of the 18th: A bill to amend Code Section 10-1-393 of the Official Code of Georgia Annotated, relating to unfair or deceptive practices under the "Fair Business Practices Act of 1975," so as to prohibit certain deceptive publications of local telephone num bers by nonlocal providers of goods or services. HB 1372. By Representatives Holmes of the 28th and Greene of the 130th: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to revise certain duties of the State Election Board. HB 1386. By Representatives Patten of the 149th and Dobbs of the 74th: A bill to amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to general provisions regarding solid waste manage ment, so as to provide for and revise certain definitions; to provide for additional powers of the Board of Natural Resources. HB 1394. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and Patten of the 149th: A bill to amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, so as to provide for instances when persons are not aggrieved or adversely affected, and to provide for disposi tion of certain moneys and civil penalties collected by the division. HB 1397. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Article 5 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to disposition of unclaimed property, so as to reduce certain WEDNESDAY, MARCH 18, 1992 1841 time periods in which certain property is presumed abandoned; to reduce the time period in which certain persons are presumed to have died. HB 1445. By Representatives Snow of the 1st, Mobley of the 64th, Street of the 139th and others: A bill to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for the issuance of special reservist license plates to certain persons who are members of reserve units or the National Guard in an adjoining state. HB 1462. By Representatives Brush of the 83rd, Parham of the 105th, Barnett of the 10th and others: A bill to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for suspension of a driver's license for the fraudulent or false application for such license. HB 1478. By Representatives Flynt of the 75th, Twiggs of the 4th, Sherrill of the 47th and others: A bill to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to prohibit the pos session of any device capable of producing a flashing blue light by any person other than a law enforcement officer. HB 1528. By Representatives Holland of the 136th, Walker of the 113th, Jenkins of the 80th and Poston of the 2nd: A bill to amend Code Section 19-9-5 of the Official Code of Georgia Annotated, relating to child custody agreements, so as to provide that the term "custody" refers to joint custody. HB 1580. By Representatives Orrock of the 30th, Mills of the 20th and Oliver of the 53rd: A bill to amend Chapter 35 of Title 43 of the Official Code of Georgia Annotated, relating to podiatrists, so as to provide that certain undertakings will constitute the practice of podiatry. HB 1593. By Representative Cummings of the 17th: A bill to amend Article 6 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to public retirement sys tems standards so as to repeal certain provisions relating to requirements for exempting bills regarding the Georgia Firemen's Pension Fund from certain provisions. HB 1595. By Representative Dover of the llth: A bill to amend Article 5A of Chapter 5 of Title 48 of tb-i Official Code of Geor gia Annotated, relating to the examination of county tax digests, so as to provide for a three-year digest evaluation cycle. HB 1607. By Representatives Colwell of the 4th, Murphy of the 18th, Walker of the 115th and others: A bill to amend Article 1 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to procedures for sentencing and imposition of punishment, so as to provide for a maximum duration of a period of probation or suspension of sentence, to amend Code Section 41-8-34 of the Official Code of Georgia Anno tated, relating to hearings and determinations of probation, so as to provide that 1842 JOURNAL OF THE SENATE defendants shall not in the same or related sentences be sentenced to both prison and probation. HB 1613. By Representative Jenkins of the 80th: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions applicable to sheriffs, so as to change certain provisions relating to qualifications for and eligibility to hold the office of sheriff. HB 1633. By Representatives Alford of the 57th and Pettit of the 19th: A bill to amend Code Section 46-2-20 of the Official Code of Georgia Annotated, relating to the jurisdiction of the Public Service Commission, so as to provide that the jurisdiction of the Public Service Commission shall not extend to per sons or companies engaged in the retail sale of natural gas to the public for use as a fuel in motor vehicles. HB 1642. By Representatives Street of the 139th, Jenkins of the 80th, Walker of the 113th and others: A bill to amend Chapter 11 of Title 25 of the Official Code of Georgia Annotated, the "Georgia Fire Sprinkler Act," so as to provide for an order to cease and desist violation of rules and regulations; to provide for revocation of a new certificate of competency; to provide additional grounds for revocation or suspension of a cer tificate of competency. HB 1663. By Representatives Dixon of the 128th, Watson of the 114th, Pettit of the 19th and others: A bill to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to substantially revise the provisions relating to safeguards against contact with high-voltage lines. HB 1667. By Representatives Smith of the 152nd, Murphy of the 18th, Coleman of the 118th and others: A bill to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to change the manner of disposing of certain property or interests therein which were acquired by any county or municipality for lake pur poses but which property or interests are no longer needed for such purposes. HB 1680. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: 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 definitions; to restrict an employee of a regional development center from service with entities contracting with the regional development center. HB 1694. By Representatives Godbee of the 110th and Lane of the lllth: A bill to amend Code Section 46-5-63 of the Official Code of Georgia Annotated, relating to the powers of rural telephone cooperatives, so as to change the popu lation classifications with respect to the authority of certain rural telephone co operatives to exercise certain powers within cities. HB 1706. By Representative Randall of the 101st: A bill to amend Chapter 6 of Title 17 of the Official Code of Georgia Annotated, relating to bonds and recognizances, so as to change the provisions relating to the WEDNESDAY, MARCH 18, 1992- 1843 surrender of principal by surety when the court is in session; to change the provi sions relating to when bond forfeiture occurs. HB 1750. By Representatives Walker of the 115th, Buck of the 95th and Groover of the 99th: A bill to amend Code Section 36-82-62 of the Official Code of Georgia Annotated, relating to the powers relating to undertakings and revenue bonds generalty so as to authorize fees to be charged to persons to whom services are provided or made available by an undertaking financed by a revenue bond. HB 1753. By Representatives Cummings of the 17th, Walker of the 113th, Skipper of the 116th and McBee of the 68th: A bill to amend Code Section 47-3-121 of the Official Code of Georgia Annotated, relating to optional retirement allowances under the Teachers Retirement Sys tem of Georgia, so as to provide that a retired member who elected one of several spousal options and whose spouse predeceases such member may revoke such election and elect a new option providing for a retirement allowance computed to be the actuarial equivalent of such allowance immediately prior to the date of such election. HB 1927. By Representative Byrd of the 153rd: A bill to amend Code Section 48-5-493 of the Official Code of Georgia Annotated, relating to failure to attach and display mobile home decals and the penalties related thereto, so as to provide that violations of said requirements may be en forced in magistrate courts. HB 1931. By Representatives Herbert of the 76th, Kilgore of the 42nd, Porter of the 119th and Jamieson of the llth: 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 authorize the department to establish and implement a Youth Apprenticeship Program for certain pupils under which high school credit shall be granted. HR 133. By Representative Ray of the 98th: A resolution consenting to the annexation of certain state owned real property located in Peach County into the corporate limits of the City of Byron. HR 840. By Representatives Porter of the 119th, Jamieson of the llth, Baker of the 51st and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication and deposit of revenues from specified sources into an Indigent Care Trust Fund; to provide that moneys in the fund shall be exclusively used for primary health care pro grams for medically indigent citizens and children, for expansion of Medicaid eligibility and services. 1844 JOURNAL OF THE SENATE The following com munication from Honorable Max Cleland, Secretary of State, was received and read by the Secretary: Secretary of State Elections Division 110 State Capitol Atlanta, Georgia 30334-1505 March 13, 1992 "The Honorable Hamilton McWhorter Secretary of the Senate State Capitol Atlanta, Georgia 30334 Dear Sir: I am transmitting to you herewith a certified list of those persons who have registered on the Docket of Legislative Appearance for the 1992 Session of the General Assembly for the week ending March 13, 1992. It contains the Docket Numbers 1588 through 1590. We have voided 1 entry, leaving a total 2 registered this week. We have 1221 total registered. Most Sincerely, /s/ Max Cleland Secretary of State State of Georgia Office of Secretary of State I, Max Cleland, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons who have registered in the Docket of Legislative Appearance as of March 13, 1992, in accordance with Georgia Law 1970, pp. 695; as the same appears of file and record in this office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 13th day of March, in the year of our Lord One Thousand Nine Hundred and Ninety-two and of the Independence of the United States of America the Two Hundred and Sixteenth. (SEAL) /s/ Max Cleland Secretary of State. Byrd & Anthony Lovick P. Anthony, Jr. P.O. Box 427 Butler, Georgia 31006 (912) 862-5236 rC,,haiteau uE,lan Ruth A. Can2527 Terrace Trail Decatur, Georgia 30035 (404) 981-0067 Southern States Environmental Services, Inc. Lovick P. Anthony, Jr. P.O. Box 427 Butler, Georgia 31006 (912) 862-5236 The President called for the morning roll call, and the following Senators answered to their names: Albert Alien Baldwin Bishop Bowen Broun of 46th WEDNESDAY, MARCH 18, 1992 1845 Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Johnson Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Those not answering were Senators: Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Huggins Ray Shumake The Lieutenant Governor led the Senators in the Pledge of Allegiance to the Flag of the United States of America. Senator Burton of the 5th introduced the chaplain of the day, Dr. Truett Gannon, pas tor of the Smoke Rise Baptist Church, Stone Mountain, Georgia, who offered scripture read ing and prayer. The following resolutions of the Senate and House were read and adopted: SR 542. By Senator Kidd of the 25th: A resolution commending Major General William P. Acker. SR 545. By Senator Thompson of the 33rd: A resolution recognizing and expressing appreciation to the Pinch Hitter Pro gram of the Atlanta Gate City Lodge of B'nai B'rith. SR 546. By Senator Thompson of the 33rd: A resolution commending Eugene Lazarev. SR 547. By Senators Garner of the 30th and Bowen of the 13th: A resolution commending the Alpha Team of the Georgia State Patrol. SR 548. By Senator Kidd of the 25th: A resolution commending the Milledgeville/Baldwin County Chamber of Commerce. 1846 JOURNAL OF THE SENATE SR 549. By Senator Ray of the 19th: A resolution recognizing Bishop J. L. Litman, Jr. SR 550. By Senator Egan of the 40th: A resolution commending Thomas J. Anderson, Jr., M.D. HR 1045. By Representative Street of the 139th: A resolution commending Bishop Johnny Lee Litman, Jr.; on his twentieth anni versary of service as bishop. Senator Kidd of the 25th moved that the following bill of the House be withdrawn from the Senate Committee on Judiciary and committed to the Senate Committee on Govern mental Operations: HB 1902. By Representatives Carrell of the 65th, Thomas of the 69th and Connell of the 87th: A bill to amend Article 17 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to rights in certain works of art, so as to remove the require ments regarding duplications of certain works of art. On the motion, the yeas were 36, nays 1; the motion prevailed, and HB 1902 was with drawn from the Senate Committee on Judiciary and committed to the Senate Committee on Governmental Operations. The following local, uncontested bills of the Senate and House, favorably reported by the committee as listed on the Senate Local Consent Calendar, were put upon their passage: SENATE LOCAL CONSENT CALENDAR Wednesday, March 18, 1992 THIRTY-THIRD LEGISLATIVE DAY (The names listed with each bill are the Senators whose districts are affected by the legislation.) SB 842 Kidd, 25th BALDWIN COUNTY A bill to provide for the compensation of the magistrate pro hac vice of the Magistrate Court of Baldwin County; to provide for method of payment of such compensation. HB 1673 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY A bill to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, so as to provide for the reapportioned districts. HB 1729 Newbill, 56th CITY OF ALPHARETTA A bill to amend an Act consolidating, creating, revising, and superseding the several Acts incorporating the City of Alpharetta in the County of Fulton, WEDNESDAY, MARCH 18, 1992 1847 and creating a new charter for said city, so as to divide the City of Alpharetta into six election districts. HB 1803 Dawkins, 45th WALTON COUNTY A bill to amend an Act creating a Board of Commissioners of Walton County, so as to provide new commissioner districts. HB 1832 Kidd, 25th MORGAN COUNTY A bill to amend an Act creating the Board of Commissioners of Morgan County, so as to change the composition of the commissioner districts from which members of the Board of Commissioners of Morgan County are elected. HB 1833 Kidd, 25th MORGAN COUNTY A bill to amend an Act providing for the election of members of the Board of Education of Morgan County, so as to change the composition of and reapportion the education districts from which members of the board of educa tion are elected. HB 1913 Perdue, 18th Brown, 26th Harris, 27th BIBB COUNTY A bill to amend an Act known as the "Macon-Bibb County Water and Sewer age Authority Act," so as to provide a consolidated charter for the authority. HB 1970 Dawkins, 45th CITY OF MONROE A bill to amend an Act to reincorporate the City of Monroe, so as to provide new election districts. HB 1980 Hammill, 3rd Echols, 6th GLYNN COUNTY A bill to amend an Act entitled "An Act to consolidate and amend 'An Act to regulate public instruction in the County of Glynn,' " so as to provide for the election and terms of the members of the Board of Education of Glynn County. HB 1990 Hill, 4th CANDLER COUNTY A bill to amend an Act creating a Board of Commissioners of Candler County, so as to provide that the chairman of the Board of Commissioners shall be the chief executive and administrative officer of Candler County. The report of the committee, which was favorable to the passage of the bills as re ported, was agreed to. On the passage of all the bills on the Senate Local Consent Calendar, a roll call was taken, and the vote was as follows: 1848 JOURNAL OF THE SENATE Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th urton Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Collins Dawkins Echols Edge Egan Foster Garner idd . Langford Marable Mye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Scott Starr Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Coleman Hill Dean Ray English Shumake Taylor On the passage of all the local bills, the yeas were 49, nays 0. All the bills on the Senate Local Consent Calendar, having received the requisite consti tutional majority, were passed. The following local bill of the Senate, having been favorably reported by the committee, moved to the Senate Local Contested Calendar for March 12 pursuant to Senate Rule 113, and postponed until March 18, was put upon its passage: SB 829. By Senators Ragan of the 32nd, Newbill of the 56th and Clay of the 37th: A bill to amend an Act creating the board of commissioners of Cobb County, as amended, so as to change the provisions relating to districts for the election of commissioners; to provide for commissioner districts; to provide for definitions and insertions; to provide for the qualifications of the commissioners; to change the compensation of the chairman of the board of commissioners. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hill Huggins Johnson Kidd Langford Marable Newbill Perdue Perry Phillips WEDNESDAY, MARCH 18, 1992 1849 Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr Steinberg Tate Taylor Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Voting in the negative was Senator Thompson. Those not voting were Senators: Coleman English Hooks Moye Shumake On the passage of the bill, the yeas were 50, nays 1. The bill, having received the requisite constitutional majority, was passed. Senator Ragan of the 32nd moved that SB 829 be immediately transmitted to the House. On the motion, the yeas were 33, nays 0; the motion prevailed, and SB 829 was immedi ately transmitted to the House. Senator Broun of the 46th introduced Mr. John E. Aderhold, Chairman of the Geo. L. Smith II Georgia World Congress Center Authority, having been commended by SR 535 adopted previously, who briefly addressed the Senate. Lieutenant Governor Howard introduced Sue Ellen Cain, 1992 Georgia Teacher of the Year, who teaches at Carrollton Junior High School, Carrollton, Georgia. Senator Bowen of the 13th introduced Deputy Devin South, of the Crisp County Sher iffs Department, having been commended by SR 508, adopted previously, as Georgia Law Enforcement Officer of the Year for Valor, named by the Peace Officers Association of Georgia. The following uncontested population bills of the Senate and House, favorably reported 1850 JOURNAL OF THE SENATE by the committee as listed on the SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS, were put upon their passage: ~ SENATE GENERAL CONSENT CALENDAR FOR POPULATION BILLS Wednesday, March 18, 1992 THIRTY-THIRD LEGISLATIVE DAY SB 808 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend Code Section 36-82-1 of the O.C.G.A., relating to the proce dure for the authorization of bonded debt, so as to change the population figure designating counties in which legal advertisement of a bond election shall contain certain references. SB 832 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY A bill to amend Code Section 21-2-213 of the O.C.G.A., relating to county registrars and deputy registrars, so as to revise the population figures describing the counties in which registrars and deputy registrars of munici palities lying wholly within such counties shall be appointed as deputy county registrars; to provide for related matters. SB 838 Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Phillips, 9th White, 48th GWINNETT COUNTY A bill to amend Code Section 36-82-4.1 of the O.C.G.A., relating to binding statements of intention concerning the use of bond funds and related mat ters, so as to revise the population figures describing the counties to which the Code section applies. SB 839 Burton, 5th Tysinger, 41st Steinberg, 42nd Walker, 43rd Henson, 55th DEKALB COUNTY Ragan, 32nd Thompson, 33rd Clay, 37th Newbill, 56th COBB COUNTY Moye, 34th Langford, 35th Scott, 36th Tate, 38th Egan, 40th Newbill, 56th FULTON COUNTY A bill to amend Code Section 7-1-601 of the O.C.G.A., relating to branch WEDNESDAY, MARCH 18, 1992 1851 banks, so as to revise the population figure describing counties in which are located parent banks authorized to establish branch banks within certain ad jacent counties; to provide for related matters. HB 1945 Collins, 17th BUTTS COUNTY Pollard, 24th WILKES COUNTY A bill to amend Code Section 48-5-40 of the O.C.G.A., relating to definitions regarding ad valorem tax exemptions, so as to revise and change the popula tion and census application of certain provisions including within the defini tion of homestead certain property in all counties of this state having a cer tain population. HB 1951 Brown, 26th Harris, 27th CITY OF MACON A bill to amend Code Section 8-3-50 of the Official Code of Georgia Anno tated, relating to the appointment, qualifications and tenure of housing au thority commissioners, so as to change the provisions relating to the composi tion of the housing authority in certain cities. 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 GENERAL CONSENT CALENDAR FOR POPULATION BILLS, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Langford Marable Moye Newbill 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 Hammill and Shumake. On the passage of all the population bills, the yeas were 54, nays 0. All the bills on the SENATE GENERAL CONSENT CALENDAR FOR POPULA TION BILLS, having received the requisite constitutional majority, were passed. 1852 JOURNAL OF THE SENATE SENATE RULES CALENDAR Wednesday, March 18, 1992 THIRTY-THIRD LEGISLATIVE DAY SR 511 Joint Study Committee on State/Local Government Environmental Enforcement Authority--create (Rules--20th) SB 729 Code Titles on Motor Vehicles, Public Utilities & Transportation--definitions (F&PU--32nd) SR 471 Savannah River Nuclear Plant Funds--urge Congress divert to decontamination (Nat R--3rd) SR 439 Joint Study Committee on Indigent Defense--create (Rules--24th) SR 485 Joseph E. Brown Parkway--designate (Substitute) (Trans--51st) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1992.) SB 630 Aquaculture--provide for registration (Substitute) (Ag--21st) SB 772 Dogs and Cats--prohibit certain conduct toward; penalties (Amendment) (Ag--34th) SB 779 Speed Detection Devices--no license required if in compliance with Federal Communications Commission (Amendment) (Judy--33rd) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1992.) SB 759 Grandparent Visitation Rights--factors used in granting (S Judy--17th) SR 373 Governor's Commission on Long-Term Care--create (Amendment) (Rules--22nd) SR 383 "Georgia Quality Month"--designate October, 1992 (Rules--50th) SB 815 Cardiopulmonary Nonresuscitation--determinations (Substitute) (S Judy--28th) SR 505 Veterans of Guadalcanal--urge Congress honor (D&VA--17th) SB 510 Furlough Day--General Assembly member may take salary reduction also (Approp--46th) SB 786 Health Insurance--when additional contribution required for spousal coverage (Amendment) (I&L--12th) HB 248 Prison Inmates, Personnel--unannounced drug testing (Substitute) (Corr--12th) HB 1644 Write-in Candidate-- requirements for filing intention (Substitute) (Gov Op--28th) (Pursuant to Senate Rule 143, final passage of the bill was suspended on March 12, 1992.) HB 1362 Court Services--counties contract with cities (Judy--40th) HB 1270 Service of Complaint Relation to Unfit Structures--nonresidents (S Judy--28th) HR 939 Clarke County--conveyance of certain interest in state property (F&PU--46th) HB 711 Firemen's Pension Fund--continue membership certain persons (Substitute) (Ret--38th) HB 1542 Childhood Early Intervention and Services for Elderly Fund--provide (YA&HE--36th) HB 1294 Homicide by Aircraft--when DUI causes death (Judy--45th) HB 559 Division of Irrigation Contractors--provide (Substitute) (Gov Op--25th) HR 831 Tattnall County--easement over certain state property (F&PU--4th) HR 838 Seabees Month in Georgia--designate March (Rules--48th) WEDNESDAY, MARCH 18, 1992 1853 Respectfully submitted, /s/ Nathan Dean of the 31st, Chairman Senate Rules Committee The following general resolutions and bill of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SR 511. By Senator Gillis of the 20th: A resolution creating the Joint Study Committee on State and Local Government Environmental Enforcement Authority. Senator Gillis of the 20th offered the following amendment: Amend SR 511 by striking on page 2, line 15, the word "national" and inserting in lieu thereof the word "natural". On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Broun of 46th Brown of 26th Burton lav CCol?lmmsan Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hoks HJouh, gngslonns Kidd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr S_teinberg6 i,at* Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Bowen Shumake 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 as amended. SB 729. By Senators Ragan of the 32nd, Thompson of the 33rd and Clay of the 37th: A bill to amend Code Section 40-1-1 of the Official Code of Georgia Annotated, relating to definitions in the title on motor vehicles, so as to revise a definition; to 1854 JOURNAL OF THE SENATE amend Code Section 46-1-1, relating to definitions in the title on public utilities and transportation, so as to revise a definition. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th 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 Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Hill Shumake Starr Taylor 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. SR 471. By Senators Hammill of the 3rd, Coleman of the 1st, Echols of the 6th and Alien of the 2nd: A resolution urging the Congress of the United States to divert funds from the operation and expansion of the Savannah River Site's nuclear materials produc tion to the decontamination and restoration of the area, including the Savannah River; to oppose the restart of the "K" nuclear reactor at the Savannah River Site. Senator Hammill of the 3rd offered the following amendment: Amend SR 471 by adding "until risks associated with the restart are shown to be neces sary." at line 6 after the word "Site"; On lines 27 and 28 strike "General Assembly" and add "Senate"; Insert between lines 20 and 21 the following: "BE IT FURTHER RESOLVED that the members of this body support changing the name of the facility from the 'Savannah River Site' to the 'South Carolina Nuclear Produc tion Facility'. " WEDNESDAY, MARCH 18, 1992 1855 Senators Walker of the 22nd and Albert of the 23rd offered the following substitute to SR 471: A RESOLUTION Urging the Congress of the United States to commit funds to the decontamination and restoration of the Savannah River; and for other purposes. WHEREAS, in 1950, following the Soviet Union's successful testing of atomic weapons, President Harry Truman directed the Atomic Energy Commission to expand the develop ment of America's thermonuclear weapons, and thus was created the Savannah River Site, then known as the Savannah River Plant; and WHEREAS, the Savannah River Site is today a United States Department of Energy facility located on approximately 300 square miles of federally owned land in western South Carolina, bordering the Savannah River and the State of Georgia; and WHEREAS, presently, the primary mission of the Savannah River Site is to produce tritium, plutonium-239, and other special nuclear materials for use in the creation of nuclear weapons; and WHEREAS, since April 1, 1989, the Westinghouse Savannah River Company has oper ated the Savannah River Site; and WHEREAS, many jobs and beneficial economic effects have come into existence both in Georgia and South Carolina due to the construction and operation of the Savannah River Site; and WHEREAS, due to the nature of the operation of a nuclear weapons material produc tion facility, and in particular the operation of this facility, portions of the environment at the Site, as well as the Savannah River itself, have come to be contaminated or polluted with radioactive wastes or other materials, including but not limited to the accidental and improper discharge of tritium into the Savannah River on or about Christmas Day, 1991, which resulted in the temporary closing of several industries located down-river, specifically in Chatham County, Georgia; and WHEREAS, the economic future for Georgia and South Carolina lies in the decontami nation and restoration of the Site and the Savannah River and not in the restart of the "K" reactor; and WHEREAS, it will be healthier for the peoples of Georgia and of South Carolina to end the release -- whether accidental or intentional -- of radioactive materials produced at the Site into the environment; and WHEREAS, the sooner the decontamination and restoration of the Site and the Savan nah River begin, the sooner the peoples of Georgia and of South Carolina will begin to enjoy the benefits to their economies and their health. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body supports the decontamination of the Savannah River Site and the Savannah River from the effects of the decades long production and operation at the Site and further supports the restoration of the Site and of the Savannah River, BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and di rected to transmit an appropriate copy of this resolution to the delegation from Georgia to the Congress of the United States. Senators Albert of the 23rd and Walker of the 22nd offered the following amendment: Amend the substitute to SR 471 offered by Senators Walker of the 22nd and Albert of the 23rd by striking on page 2 lines 18 through line 21. Senator Walker of the 22nd offered the following amendment: 1856 JOURNAL OF THE SENATE Amend the substitute to SR 471 offered by Senators Walker of the 22nd and Albert of the 23rd by striking "General Assembly" on lines one and two of page 3 and insert "Senate" in lieu thereof. Senator Albert of the 23rd moved that SR 471 be placed on the Table. On the motion offered by Senator Albert of the 23rd, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bowen Henson Hooks Johnson Ragan of 10th Ragan of 32nd Ramsey BR rownf of,26th BCoulrltionns Edge Egan Gillis LangfordA NMeowyebill Perdue Phillips Pollard ,, rl,uCOrnWer Tysinger Walker of 22nd White Those voting in the negative were Senators: Alien Bishop Clav Coleman DDeaawl kins Dean Echols English Foster Garner Hammill Harris ,,Hasty HM Huggins Marable Perry Ray Starr Steinberg mTait.e Taylor Thompson Timmons Not voting were Senators Shumake and Walker of 43rd. On the motion, the yeas were 29, nays 25; the motion prevailed, and SR 471 was placed on the Table. SR 439. By Senators Pollard of the 24th, Harris of the 27th and Kidd of the 25th: A resolution creating the Joint Study Committee on Indigent Defense. 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty WEDNESDAY, MARCH 18, 1992 1857 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 Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Not voting were Senators Shumake and Walker of 43rd. On the adoption of the resolution, the yeas were 54, nays 0. The resolution, having received the requisite constitutional majority, was adopted. The following general resolution of the Senate, 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: SR 485. By Senator Hasty of the 51st: A resolution designating the Joseph E. Brown Parkway. The substitute to SR 485 offered by Senators Robinson of the 16th and Bishop of the 15th 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 37, 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 Bowen Broun of 46th Brown of 26th ^Uartn Coleman Collins Dawkins Deal Dean Echols Egan Foster Garner Gillis Hammill Harris Hasty Hill Hookg Huggins ^nson Kldd Langford Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey j^ Robinson Scott Steinberg Tate Thompson Timmons Turner Tysinger Walker of 22nd White 1858 JOURNAL OF THE SENATE Those not voting were Senators: Edge English Henson Shumake Starr Taylor Walker of 43rd On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted by substitute. The following general bills of the Senate, favorably reported by the committee, were read the third time and put upon their passage: SB 630. By Senators English of the 21st, Hasty of the 51st, Ragan of the 10th and others: A bill to amend Chapter 15 of Title 2 of the Official Code of Georgia Annotated, known as the "Georgia Aquaculture Development Act," so as to provide for aquaculture registration; to amend Title 27 of the Official Code of Georgia Anno tated, known as the "Game and Fish Code," so as to change certain definitions; to change certain provisions relating to fish and the sale of fish by commercial fish hatcheries; to provide for other matters relating to fish and aquaculture. The Senate Committee on Agriculture offered the following substitute to SB 630: A BILL To be entitled an Act to amend Title 2 of the Official Code of Georgia Annotated, relating to agriculture, by repealing Chapter 15, known as the "Georgia Aquaculture Devel opment Act"; to amend Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," so as to change certain definitions; to change certain provisions relating to fish and the sale of fish by commercial fish hatcheries; to provide for other mat ters relating to fish and aquaculture; to repeal certain provisions relating to the regulation of commercial production, hatching, raising, harvesting, and sale of food fish; to provide for food fish processing plants; to provide for the Aquaculture Development Commission and its duties and responsibilities; to provide for aquaculture registration; to provide for practices and procedures for the registration of persons engaged in the sale of aquaculture products; to provide for the effect of registration; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. Title 2 of the Official Code of Georgia Annotated, relating to agriculture, is amended by repealing Chapter 15, known as the "Georgia Aquaculture Development Act," and inserting the following: "CHAPTER 15 RESERVED" Section 2. Title 27 of the Official Code of Georgia Annotated, known as the "Game and Fish Code," is amended by striking paragraphs (23), (36), (74), and (77) of Code Section 271-2, relating to definitions of terms used in the "Game and Fish Code," and inserting in lieu thereof new paragraphs (23), (36), (74), and (77) of said Code section to read as follows: "(23) 'Domestic species' means those taxa of animals which have traditionally lived in a state of dependence on and under the dominion and control of man and have been kept as tame pets, raised as livestock, or used for commercial breeding purposes, including, but not limited to, dogs, cats, horses, cattle, and chickens. Animals which live in a captive or tame state and which lack a genetic distinction from members of the same taxon living in the wild are presumptively wild animals;, except that lawfully obtained farmed fish indigenous to Georgia or fish which have been recognized prior to 1992 as having an established popula tion in Georgia waters other than private ponds and which are held in confinement in pri vate ponds shall be known as and considered to be 'domestic fish.'" WEDNESDAY, MARCH 18, 1992 1859 "(36) 'Game fish' means the following fish, except domestic fish as provided in para graph (23) of this Code section: (A) Bass: (i) Largemouth bass; (ii) Smallmouth bass; (iii) White bass; (iv) Striped bass; (v) Spotted bass; (vi) Redeye (Coosa) bass; (vii) Striped-white bass hybrid; (viii) Shoal bass (Flint River smallmouth); and (ix) Suwannee bass?; (B) Trout, except as provided in Code Section 274 78: (i) Rainbow trout; (ii) Brown trout; and (iii) Brook trout?; (C) Crappie: (i) White crappie; and (ii) Black crappie:; (D) Shad: (i) American shad; and (ii) Hickory shack; (E) Sunfish or bream: (i) Flier; (ii) Spotted sunfish (stumpknockers), rock bass (goggleye); (iii) Redbreast sunfish; (iv) Redear sunfish; (v) Bluegill (bream); and (vi) Warmouthi; (F) Perch: (i) Walleye; and (ii) Saugert; (G) Pickerel: (i) Muskellunge; (ii) Chain pickerel; (iii) Grass pickerel; and (iv) Redfin pickerel?; and (H) Catfish,eccpt as provided in Code Section 27 4 78: (i) Channel catfish; and (ii) Flathead catfish." 1860 JOURNAL OF THE SENATE "(74) 'Wholesale fish dealer' means any person engaged in purchasing, raising, propa gating, breeding, or acquiring or possessing live fish or fish eggs to be sold or furnished to others for the purpose of resale, including any person engaged in transporting live fish or fish eggs into this state; provided, however, that any person who holds or sells only 'domes tic fish' and: is registered pursuant to Code Section 27-4-255 or any person who holds or sells fish solely for use in aquaria shall not be considered a wholesale fish dealer." "(77) 'Wildlife' means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturalists registered under Code Section 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof." Section 3. Said title is further amended by striking Code Section 27-4-30, relating to fishing in private ponds, and inserting in lieu thereof a new Code Section 27-4-30 to read as follows: "27-4-30. The owner of a private pond, his family, or tenants with the owner's consent shall be permitted to fish within the bounds of the pond at any time and in any manner without a fishing license; provided, however, that all other persons shall be required to ob tain fishing licenses therefor as provided in this title unless the fish in the private pond are 'domestic fish' as defined in paragraph (23) of Code Section 27-1-2." Section 4. Said title is further amended by striking subsection (d) of Code Section 27-474, relating to sale and purchase of fish in general, and inserting the following: "(d) Notwithstanding any of the provisions of this title to the contrary, American shad, hickory shad, flathead catfish, and channel catfish harvested in the course of commercial fishing as that term is defined in Code Section 27-1-2 shall not be subject to the prohibitions set forth in this Code section." Section 5. Said title is further amended by striking subsections (a) and (b) of Code Section 27-4-75, relating to the sale of fish by commercial fish hatcheries and requirements of a bill of sale or lading for game fish obtained from hatcheries, and inserting in lieu thereof new subsections (a) and (b) to read as follows: "(a) It shall be unlawful to sell any fish from a commercial fish hatchery as defined in Code Section 27-1-2 unless the hatchery is licensed under Code Section 27-2-23 or except as provided in Code Section 27-4.78 follows: (1) Fish may be sold as provided in Code Section 27-4-74 or 27-4-76; and (2) Domestic fish as defined in paragraph (23) of Code Section 27-1-2 and that are produced by an aquaculturalist registered under Code Section 27-4-251)! (b) Except as provided in Code Section 27-4-74 or 27-4-78 and except for persons li censed as wholesale or retail fish dealers as provided in Code Section 27-4-76, it shall be unlawful for anyone other than a commercial fish hatchery licensed under Code Section 272-23 to sell for consumption or rcoalc any species of game fish other than American shad, hickory ahad, flathcad catfish, or channel catfish. It shall also be unlawful for any person to have in his possession any such game fish obtained from a commercial fish hatchery unless the-fish are accompanied by or domestic fish from an aquaculturalist registered under Code Section 27-4-255 without a bona fide bill of sale or lading defeating the number and petmds of which identifies the~seller and which details at least two of the following three criteria for each species of fish contained therein: number, weight, or average length." Section 6. Said title is further amended by striking subsection (a) of Code Section 27-476, relating to licensing of wholesale and retail fish dealers, and inserting the following: "(a) Except ao provided in Code Section 27 4 78, it It shall be unlawful to engage in the business of a wholesale or retail fish dealer, as defined in Code Section 27-1-2, without first obtaining an annual license from the department as provided in Code Section 27-2-23. Prop erly licensed wholesale fish dealers or retail fish dealers may sell game fish obtained from a WEDNESDAY, MARCH 18, 1992 1861 licensed fish hatchery or domestic fish obtained from a registered aquaculturalist or as oth erwise provided in Code Section 27-4-74. Notwithstanding any other provision to the con trary, neither a licensed commercial fish hatchery nor persons engaged in the sale of channel catfish shall be required to obtain a license as a wholesale fish dealer or a retail fish dealer." Section 7. Said title is further amended by repealing in its entirety Code Section 27-478, relating to the regulation of commercial production, hatching, raising, harvesting, and sale of food fish, which reads as follows: "27-4-78. (a) As used in this Code section, the term 'food fish' means trout and channel catfish which are commercially produced and sold only as food for human consumption and which are produced, hatched, and raised in a privately owned pond, raceway, fish hatchery, or other impoundment of water. Food fish are declared to be a domestic farm product and shall not be included within the definition of 'game fish' as used in this title. (b) Any person, partnership, firm, corporation, association, or other legal entity engaged in commercially producing, hatching, raising, harvesting, and selling food fish is declared to be engaged in an agricultural pursuit and shall be exempt from all provisions of this title establishing requirements for obtaining any licenses, regulations relative to harvesting of fish, and record-keeping requirements, but only to the extent such activities relate solely to food fish. The commercial production, hatching, raising, harvesting, and selling of food fish shall be regulated pursuant to rules and regulations of the Department of Agriculture, pro vided that any food fish processing plant shall be governed by the provisions of Article 6 of Chapter 2 of Title 26 as such provisions apply to meat and poultry processing plants. Any activity or action of any such person, partnership, firm, corporation, association, or other legal entity which relates to any fish other than food fish or which relates to producing, hatching, raising, harvesting, or selling food fish for any purpose other than as food for human consumption shall not be exempt from the provisions of this title.", and inserting in lieu thereof the following: "27-4-78. Any food fish processing plant shall be governed by the provisions of Article 6 of Chapter 2 of Title 26 as such provisions apply to meat and poultry processing plants." Section 8. Said title is further amended by adding a new Article 6 to read as follows: "ARTICLE 6 27-4-251. This article may be cited as the 'Georgia Aquaculture Development Act.' 27-4-252. As used in this article, the term: (1) 'Aquaculture' means the extensive or intensive farming of aquatic animals and plants. (2) 'Commission' means the Aquaculture Development Commission created by Code Section 27-4-253. 27-4-253. (a) There is created the Aquaculture Development Commission. The commis sion shall be composed of 14 members as follows: (1) The president of the Georgia Aquaculture Association or his representative, who shall serve as chairman of the commission; (2) The president of the Georgia Farm Bureau Federation or his representative; (3) The dean of the College of Agriculture of the University of Georgia or his representative; (4) The chairman of the Committee on Agriculture and Consumer Affairs of the House of Representatives or his representative; (5) The chairman of the Committee on Agriculture of the Senate or his representative; (6) The Commissioner of Agriculture or his representative; (7) The commissioner of natural resources or his representative; 1862 JOURNAL OF THE SENATE (8) The commissioner of industry and trade or his representative; (9) Six members to be appointed by the president of the Georgia Aquaculture Associa tion as follows: (A) Four members shall be representatives of the aquaculture industry with one of such members being from the mountain region of the state, one of such members being from the piedmont region of the state, one of such members being from the coastal plain region of the state, and one of such members being from the coastal region of the state; (B) One member shall be a representative of the commercial fish farming supply and equipment industry; and (C) One member shall be a representative of a private industry which is doing research in the promotion of fish farming. Each of such six members shall be appointed for a term of two years and until a succes sor is appointed and assumes membership on the commission. The terms of the first six such members shall begin on July 1, 1989. (b) The members of the commission shall enter upon their duties without further act or formality. The commission may make such bylaws for its government as it deems necessary but is under no duty to do so. (c) Eight members of the commission shall constitute a quorum necessary for the trans action of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted the commission by this article. No vacancy on the commission shall impair the right of a quorum to transact any and all business of the commission. (d) The members shall not receive compensation for their services on the commission but those members who are public officials or employees shall be reimbursed from the funds of their employing department, agency, or branch of government for per diem, travel, and other expenses in the same manner and amount as they otherwise receive for performing services for their respective departments, agencies, or branches of government. (e) The commission shall meet upon the call of its chairman. 27-4-254. (a) The commission shall make a thorough study of aquaculture and the po tential for development and enhancement of aquaculture in the state. It shall be the duty of the commission to develop, distribute, and, from time, amend an aquaculture development plan for the State of Georgia for the purpose of facilitating the establishment and growth of economically viable aquaculture enterprises in Georgia. Such plan shall include: (1) An evaluation of Georgia's natural resources as they relate to aquaculture; (2) An evaluation of species with potential for culture in Georgia; (3) An identification of constraints to development of aquaculture in Georgia and rec ommendations on methods to alleviate these constraints; (4) An identification of the roles of the Department of Agriculture and the Department of Natural Resources in supporting the aquaculture industry, including an evaluation of existing physical and personnel resources and recommendations for allocation of additional resources where needed; (5) Recommendations for implementation of the plan; and (6) An identification of the role of other state and federal agencies in the development of the aquaculture industry. (b) The commission is authorized to conduct meetings at such places and at such times as it considers expedient and to do all other things consistent with this article which are necessary or convenient to enable it to exercise its powers, perform its duties, and accom plish the objectives and purposes of this article. (c) Staff support for the commission shall be provided by the Department of Natural WEDNESDAY, MARCH 18, 1992 1863 Resources with assistance from the Department of Agriculture and the Department of In dustry and Trade. 27-4-255. Any person engaged in the sale of domestic fish, except grocery stores, shall apply to the department for an aquaculture registration. The domestic fish of a registered aquaculture producer shall be privately owned subject to regulation by the Department of Natural Resources; provided, however, any person selling 'domestic fish' without first ob taining an aquaculture registration shall be considered to be selling 'wildlife' or 'wild ani mals' and shall be subject to the provisions of this title governing such sale. 27-4-256. The Department of Natural Resources shall register sellers of domestic fish under the applicable provisions of this article. 27-4-257. (a) All applications to the department for registration as a seller of domestic fish shall: (1) Designate an address in this state where the applicant can be personally served with legal process; (2) Contain an appointment of an agent in this state for acceptance of service of legal process, together with the agent's address in this state; or (3) Contain a designation of the Secretary of State for acceptance of service of legal process. (b) A copy of such application shall be forwarded to the Secretary of State by the department. 27-4-258. The filing of an application with the department for registration as a seller of domestic fish shall constitute an admission by the applicant that the applicant is doing business in this state. 27-4-259. (a) The Commissioner may deny registration to: (1) Any applicant with a criminal record; (2) Any applicant who is found by the Commissioner to have violated any law adminis tered by the department or any regulation or quarantine of the department; or (3) A corporation, when any of its officers has a criminal record or is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department. (b) In the case of a partnership, all parties shall be considered applicants for the pur pose of this Code section. (c) No registration shall be denied under this article without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 27-4-260. The Commissioner may revoke any outstanding registration where the holder of the same or any officer or agent of the holder is found by the Commissioner to have violated any law administered by the department or any regulation or quarantine of the department, provided that no registration shall be revoked under this Code section without opportunity for hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administra tive Procedure Act.' 27-4-261. All registration certificates issued by the department shall be evidence of a registration. The department shall maintain a current list of all persons registered under this article. 27-4-262. The board shall make and publish such rules and regulations, not inconsistent with law, as it deems necessary to carry out the purposes of this article. 27-4-263. (a) Any inspector or other person authorized to ascertain compliance with any rule or regulation of the department pertaining to the production or sale of domestic fish may enter during normal business hours and inspect the premises of a registered seller or 1864 JOURNAL OF THE SENATE producer of domestic fish to determine whether such person is in compliance with the rules and regulations of the department. (b) In the event any person refuses to give his consent to an inspection as provided in subsection (a) of this Code section, the commissioner or any person authorized to make inspections may seek a warrant to make an inspection as provided in this subsection: (1) Any application for an inspection warrant shall be made to a person who is a judi cial officer within the meaning of Code Section 17-5-21; (2) An inspection warrant shall be issued only upon cause and when supported by an affidavit particularly describing the place, dwelling, structure, premises, or vehicle to be in spected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain either a statement that consent to inspect has been sought and refused or facts or circumstances reasonably justifying the failure to seek such consent. Cause shall be deemed to exist if either reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular place, dwelling, struc ture, premises, or vehicle, or there is reason to believe that a condition of nonconformity exists with respect to the particular place, dwelling, structure, premises, or vehicle; (3) An inspection warrant shall be effective for the time specified therein, but not for a period of more than 14 days, unless extended or renewed by the judicial officer who signed and issued the original warrant, upon satisfying himself that such extension or renewal is in the public interest. Such inspection warrant must be executed and returned to the judicial officer by whom it was issued within the time specified in the warrant or within the ex tended or renewed time. After the expiration of such time, the warrant, unless executed, is void; (4) An inspection pursuant to an inspection warrant shall be made between 8:00 A.M. and 6:00 P.M. of any day or at any time during operating or regular business hours. An inspection should not be performed in the absence of an owner or occupant of the particular place, dwelling, structure, premises, or vehicle unless specifically authorized by the judicial officer upon a showing that such authority is reasonably necessary to effectuate the purpose of the regulation being enforced. An inspection pursuant to a warrant shall not be made by means of forcible entry, except that the judicial officer may expressly authorize a forcible entry where facts are shown which are sufficient to create a reasonable suspicion of a viola tion of this title, which, if such violation existed, would be an immediate threat to health, safety, or welfare or where facts are shown establishing that reasonable attempts to serve a previous warrant have been unsuccessful. Where prior consent has been sought and refused and a warrant has been issued, the warrant may be executed without further notice to the owner or occupant of the particular place, dwelling, structure, premises, or vehicle to be inspected; (5) It shall be unlawful for any person to refuse to allow an inspection pursuant to an inspection warrant issued as provided in this subsection. Any person violating this para graph shall be guilty of a misdemeanor; and (6) Under this subsection, an inspection warrant is an order, in writing, signed by a judicial officer, directed to the commissioner or any person authorized to make inspections for the department, and commanding him or her to conduct any inspection authorized by any rules or regulations promulgated pursuant to this article. (c) The provisions of Code Section 27-1-23 shall not be applicable to any person regis tered under this article." Section 9. All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 18, 1992 1865 Senator English of the 21st offered the following amendment: Amend the substitute to SB 630 offered by the Senate Committee on Agriculture by striking line 5 of page 5 and inserting the following: "flathead catfish, and channel catfish harvested from Georgia waters other than private ponds in the". By striking lines 24 through 26 of page 6 and inserting the following: "provision to the contrary, neither a licensed commercial fish hatchery nor persona en gaged in the sale of channel catfish shall not be required to obtain a license as a". On the adoption of the amendment, the yeas were 42, nays 3, and the amendment was adopted. On the adoption of the substitute, the yeas were 38, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th Burton Clay Collins Dawkins Deal Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Marable Moye Perdue Perry Voting in the negative was Senator Kidd. Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Starr Steinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Coleman Langford Newbill Phillips Scott Shumake Walker of 43rd On the passage of the bill, the yeas were 48, nays 1. The bill, having received the requisite constitutional majority, was passed by substitute. SB 772. By Senators Moye of the 34th and Albert of the 23rd: A bill to amend Article 1 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals in general, so as to provide that certain prohibitions relating to conduct involving animals shall not apply to conduct involving dogs and cats; to prohibit certain conduct with 1866 JOURNAL OF THE SENATE respect to dogs and cats and provide for penalties therefor; to provide for inap plicability and exceptions. The Senate Committee on Agriculture offered the following amendment: Amend SB 772 by striking from line 31 on page 2 the following: "(d)", and inserting in lieu thereof the following: "()". On the adoption of the amendment offered by the Senate Committee on Agriculture, the yeas were 30, nays 0, and the amendment was adopted. Senator Perdue of the 18th offered the following amendment: Amend SB 772 as follows: On lines 19 and 20, page 2, delete "permanent disfigurement or". On the adoption of the amendment offered by Senator Perdue of the 18th, 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 Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge English Garner 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 Thompson Timmons Turner Tysinger Walker of 22nd White Those voting in the negative were Senators: Foster Starr Taylor Those not voting were Senators: Egan Langford Newbill Scott Shumake Steinberg Tate Walker of 43rd On the passage of the bill, the yeas were 45, nays 3. WEDNESDAY, MARCH 18, 1992 1867 The bill, having received the requisite constitutional majority, was passed as amended. The following general bill of the Senate, having been read the third time 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: SB 779. By Senators Thompson of the 33rd and Clay of the 37th: A bill to amend Chapter 14 of Title 40 of the Official Code of Georgia Annotated, relating to the use of speed detection devices, so as to repeal the requirement that the law enforcement agency must possess a license in compliance with Fed eral Communications Commission rules to use a speed detection device and that each device be certified for compliance. The amendment to SB 779 offered by Senator Moye of the 34th on the March 12, as it appears in the Journal of March 12, was automatically reconsidered and put upon its adoption. On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted. 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 of 46th Brown of 26th Foster Garner Gillis Hammill Harris Hasty Henson Pollard Ragan of 10th Ragan of 32nd Ramsey Robinson Starr Coleman Collins Dawkins Deal Dean Echols Edge English Huggins Johnson Kidd Marable Moye Perdue Perry Phillips ,ifylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan Langford Newbill Scott Shumake Tate On the passage of the bill, the yeas were 50, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. 1868 JOURNAL OF THE SENATE The following general bills and resolutions of the Senate, favorably reported by the committees, were read the third time and put upon their passage: SB 759. By Senators Collins of the 17th, Edge of the 28th, Deal of the 49th and Perdue of the 18th: A bill to amend Code Section 19-7-3 of the Official Code of Georgia Annotated, relating to visitation rights of grandparents, so as to provide factors to be used in granting visitation rights to grandparents. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Echols Edge 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 Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Dean Egan Garner Langford Newbill Scott Shumake Tate On the passage of the bill, the yeas were 48, nays 0. The bill, having received the requisite constitutional majority, was passed. SR 373. By Senators Walker of the 22nd, Johnson of the 47th, Brown of the 26th and others: A resolution creating the Governor's Commission on Long-term Care. The Senate Committee on Rules offered the following amendment: Amend SR 373 by striking on line 24 of page 4 the number "15" and inserting the following: "10". On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted. WEDNESDAY, MARCH 18, 1992 1869 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 BBorowuenn of 46th Brown of 26th Cky Coleman Collins Dawkins Deal Dean Echols Edge Foster Gillis Hammill Harris HHeanstsyon Hooks HW* Johnson Kidd Marable Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray RStoabrirnson Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Egan English Garner Hill Langford Moye Newbill Scott Shumake Tate On the adoption of the resolution, the yeas were 46, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SR 383. By Senators Foster of the 50th, Broun of the 46th, Tysinger of the 41st and Deal of the 49th: A resolution designating October, 1992, as "Georgia Quality Month". The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Bishop Bowen Broun of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Deal Dean Echols Edge Egan Foster Garner Gillis Hammill Harris Hasty Henson Hooks Huggins Johnson Kidd Marable Newbill Perdue Perry Phillips Pollard 1870 JOURNAL OF THE SENATE Ragan of 10th Ragan of 32nd R*msey Robinson Scott Starr Steinberg Taylor Thompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Baldwin English Hill Langford Moye Shumake Tate On the adoption of the resolution, the yeas were 49, nays 0. The resolution, having received the requisite constitutional majority, was adopted. SB 815. By Senators Edge of the 28th and Broun of the 46th: A bill to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to further describe legislative in tent; to modify certain requirements that two physicians concur in a determina tion that a person is a candidate for nonresuscitation; to change the definition of "medically futile"; to clarify a patient's presumption of consent; to clarify con sent provisions regarding authorized persons. The Senate Committee on Special Judiciary offered the following substitute to SB 815: A BILL To be entitled an Act to amend Chapter 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, so as to further describe legislative intent; to modify certain requirements that two physicians concur in a determination that a person is a candidate for nonresuscitation; to change the definition of "medically futile"; to clarify a patient's presumption of consent; to clarify consent provisions regarding authorized persons; to provide for transfers between facilities; to provide for verbal orders; 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 39 of Title 31 of the Official Code of Georgia Annotated, relating to cardiopulmonary resuscitation, is amended by striking Code Section 31-39-1, relating to leg islative findings and intent, and inserting in lieu thereof a new Code Section 31-39-1 to read as follows: "31-39-1. 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 or where such resuscitation is medically futile. 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 providers regarding cardiopulmonary resuscita tion 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 rec ognition of the considerable uncertainty in the medical and legal professions as to the legal ity 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 WEDNESDAY, MARCH 18, 1992 1871 instruct physicians and other health care personnel to refrain from cardiopulmonary resuscitation. Section 2. Said chapter is further amended by striking paragraph (4) of Code Section 31-39-2, relating to definitions, and inserting in lieu thereof a new paragraph (4) to read as follows: "(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 as set out below: (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 significant cog nitive functions; 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 or that such resuscitation will otherwise lack medical efficacy in preventing the imminent death of the patient. The attending physician shall inquire of the authorized person whether that person desires the concurrence of a second physician before the attending physician shall designate the patient as a candidate for nonresuscitation. If the authorized person affirms that he or she wants a second physician to concur with the determination of the attending physician, such concurrence will be required before the patient may be considered a candidate for nonresuscitation. If the authorized person rejects the offer of a second opinion, the patient may be considered a candidate for nonresuscitation on the sole determination of the attend ing physician. In the case where an authorized person is not reasonably available or compe tent to make a decision regarding an order not to resuscitate, a concurring physician shall be required to determine if the patient is a candidate for nonresuscitation." Section 3. Said chapter is further amended by striking Code Section 31-39-3, relating to the presumption of a patient's consent to administration of cardiopulmonary resuscitation, and inserting in lieu thereof a new Code Section 31-39-3 to read as follows: "31-39-3. (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. Such presumption of consent does not presume that every patient shall be administered cardiopulmonary resusci tation, but rather that every patient agrees to its administration if it is medically justified. (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 expend its existing equipment and facilities to provide cardiopulmonary resuscitation. (d) An order not to resuscitate, duly issued and appropriately documented by a health care "facility, may be honored by another health care facility to which the patient is subse quently transferred, provided that the patient's condition continues to warrant a continuing order not to resuscitate had he or she remained in the original facility?1 Section 4. Said chapter is further amended by striking Code Section 31-39-4, relating to persons authorized to issue an order not to resuscitate, and inserting in lieu thereof a new Code Section 31-39-4 to read as follows: "31-39-4. (a) It shall be lawful for the attending physician to issue an order not to 1872 JOURNAL OF THE SENATE resuscitate, provided that the order has been issued pursuant to the requirements of this chapter. Such an order shall be issued either in writing by the attending physician or ver bally by the attending physician to the attending registered nurse who shall enter the physi cian's verbal order in the patient's chart, and Such an order 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. A consent to an order not to resuscitate by one au thorized person shall be sufficient. (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, with the concurrence of a second physician and in writ ing 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." Section 5. Said chapter is further amended by striking Code Section 31-39-5, relating to when an order not to resuscitate is no longer appropriate, and inserting in lieu thereof a new Code Section 31-39-5 to read as follows: "31-39-5. (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 or the physician's designee shall immediately notify the patient or, if the patient does not then have decision-making capacity, an author ized person. If such person declines to revoke his consent to the order, the physician or the physician's designee shall immediately include in the patient's chart that the patient is no longer a candidate for nonresuscitation and shall immediately 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. (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 or she is unavailable, another attending physician, at any time determines that the patient no longer qualifies as a candidate for nonresuscitation, the attending physician or the physician's designee shall im mediately include such determination 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 or she is unavailable, another attending physician, shall immedi ately determine if the patient consents to the order not to resuscitate and, if the patient does not so consent, the attending physician or the physician's designee shall cancel the WEDNESDAY, MARCH 18, 1992 1873 order by an appropriate entry on the record and notify all hospital staff responsible for the patient's care of the cancellation." Section 6. Said chapter is further amended by striking Code Section 31-39-6, relating to revocation of consent to order not to resuscitate, and inserting in lieu thereof a new Code Section 31-39-6 to read as follows: "31-39-6. (a) A patient may, at any time, revoke his or her consent to an order not to resuscitate by making either a written or an oral declaration to or in the presence of a physician or member of the nursing staff at the health care facility where he the patient is being treated or by any other act evidencing a specific intent to revoke such consent which is communicated to or in the presence of a physician or a member of the health care facility medical or nursing 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, either himself or herself or by designee, 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 physician of such revocation." Section 7. All laws and parts of laws in conflict with this Act are repealed. Senators Deal of the 49th and Edge of the 28th offered the following amendment: Amend the substitute to SB 815 offered by the Senate Committee on Special Judiciary by adding at the end of line 17 on page 5 before the period the following: "and whether or not such person is a candidate for nonresuscitation". By striking line 24 on page 6 and inserting in lieu thereof the following: "issued at the request of the patient authorized person is no longer". By striking lines 27 through 33 on page 6 and inserting in lieu thereof the following: "shall immediately notify the patient or, if the patient does not then have decision making capacity, an the authorized person. If such person declines to revoke hia consent to the order, the physician ahall immediately include in the patient's chart that the patient ia no longer a candidate for nonrcauacitation and shall immediately". On the adoption of the amendment offered by Senators Deal of the 49th and Edge of the 28th, the yeas were 36, nays 0, and the amendment was adopted. Senators Broun of the 46th and Deal of the 49th offered the following amendment: Amend the substitute to SB 815 offered by the Senate Committee on Special Judiciary on page 3, lines 13 and 14, by striking the words "in preventing the imminent death of the patient" such that subparagraph (C) shall read: "(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 or that such resuscitation will otherwise lack medical efficacy." On the adoption of the amendment offered by Senators Broun of the 46th and Deal of the 49th, the yeas were 38, nays 0, and the amendment was adopted. 1874 JOURNAL OF THE SENATE Senator Deal of the 49th, President Pro Tempore, assumed the Chair. Senator Steinberg of the 42nd offered the following amendment- Amend the substitute to SB 815 offered by the Senate Committee on Special Judiciary by striking lines 4 through 12 on page 5 and inserting in lieu thereof: "31-39-4. (a) It shall be lawful for the attending physician to issue an order not to resuscitate, provided that the order has been issued pursuant to the requirements of this chapter. Such an order shall be issued in writing by the physician in the patient's chart and shall be effective upon issuance." On the adoption of the amendment offered by Senator Steinberg of the 42nd, the yeas were 10, nays 23, and the amendment was lost. Senator Steinberg of the 42nd offered the following amendment: Amend the substitute to SB 815 offered by the Senate Committee on Special Judiciary by striking lines 15 through 31 on page 3. On the adoption of the amendment offered by Senator Steinberg of the 42nd, the yeas were 12, nays 26, and the amendment was lost. On the adoption of the substitute, the yeas were 35, nays 0, and the substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substi tute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Baldwin Bishop Bowen Broun of 46th Clay Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill Hooks Huggins Johnson Kidd Marable Moye Newbill Perdue Perry Phillips 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 voting in the negative were Senators: Alien Brown of 26th Burton Langford Pollard Steinberg Not voting were Senators Deal (presiding) and Shumake. On the passage of the bill, the yeas were 48, nays 6. WEDNESDAY, MARCH 18, 1992 1875 The bill, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1725. By Representatives Jamieson of the llth and Dover of the llth: A bill to repeal an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 according to the United States decennial census of 1970 or any future such census. HB 1733. By Representatives Purcell of the 129th, Barfoot of the 120th, Bates of the 141st and Long of the 142nd: A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities created by local resolution, so as to provide that in certain counties the board of directors of development authorities created by constitutional amendment may assume the powers and responsibilities of a development authority created by local resolution pursuant to general law. HB 1891. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-492 of the Official Code of Georgia Annotated, relating to issuance of mobile home location permits, so as to change the provi sions relating to population brackets and the census relative to the time for ob taining a permit in certain counties. HB 1892. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties. HB 1893. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the provisions relat ing to population brackets and the census relative to the time for making tax returns in certain counties. HB 1897. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the provisions relating to population brackets and the census relative to the time for completion of revision and assessment of returns in certain counties. 1876 JOURNAL OF THE SENATE HB 1907. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th, Lawson of the 9th, Jackson of the 9th and others: A bill to repeal an Act entitled "An Act to create the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census". HB 2027. By Representatives Cauthorn of the 20th, Vaughan of the 20th, Coker of the 21st, Atkins of the 21st, Aiken of the 21st and others: A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to revise the popula tion figures describing the counties in which the superintendent of the largest municipal school system in the county serves on the county board of health in an ex officio capacity. HB 2044. By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others: A bill to amend Code Section 22-2-84 of the Official Code of Georgia Annotated, relating to entry of notice and award by the clerk in eminent domain cases and payments to assessors by the condemnor, so as to change the population figures describing counties in which the judge of the superior court shall fix costs to be paid to assessors by the condemning county. HB 2045. By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th, Atkins of the 21st, Coker of the 21st and others: A bill to amend Article 1 of Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, so as to change the population figure describing those counties in which certain municipalities shall be subject to said article. HB 2054. By Representatives Cauthorn of the 20th, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st, Aiken of the 21st and others: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the population figure describing counties in which the sheriff is authorized to deposit cash bonds and cash reserves of professional bondspersons in interest-bearing accounts. HB 1894. By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to population brackets and the census relative to interest on unpaid ad valorem taxes in certain counties. HB 1895. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to change the provisions relating to population brackets and the census relative to taxation of mobile homes and the return thereof for taxation in certain counties. WEDNESDAY, MARCH 18, 1992 1877 HB 1896. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change the provisions relating to population brackets and the census relative to applications for home stead exemptions in certain counties. HB 847. By Representatives Bostick of the 138th, Martin of the 26th and Randall of the 101st: A bill to amend Chapter 2 of Title 17 of the Official Code of Georgia Annotated, relating to jurisdiction and venue in criminal cases, so as to provide for the trans fer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, held, or is present, upon the consent of the defendant and the district attorney in each county. HB 1450. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend Code Section 15-18-20 of the Official Code of Georgia Annotated, relating to additional assistants and staff for district attorneys, so as to authorize district attorneys to employ victim and witness assistance personnel as members of their staff. HB 1861. By Representative Floyd of the 135th: A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change membership on the board of trustees of the county law library of each county. HB 1548. By Representative Balkcom of the 140th: A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to prohibit the hunting of wildlife and feral hogs on public roads. 1878 JOURNAL OF THE SENATE HB 332. By Representatives Parrish of the 109th and Parham of the 105th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to authorize the state revenue commissioner to provide by rule or regulation an exemption for certain items ultimately paid for by state or federal funds where the state or federal law or regulation authorizing payment prohibits the payment of sales and use taxation. The following general resolution and bills of the Senate, favorably reported by the com mittees, were read the third time and put upon their passage: SR 505. By Senators Collins of the 17th, Albert of the 23rd, Perry of the 7th and others: A resolution urging the Congress of the United States to recognize and honor the veterans of the Guadalcanal campaign during World War II. 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 Bhop Bowen Broun of 46th Brown of 26th urton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hm Hooks Hu 8ins Jhnson Kldd Langford Marable Newbill Perdue Perry Phillips Those not voting were Senators: Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott Starr ^teinberg Tate Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Deal (presiding) Moye Shumake Walker of 43rd On the adoption of the resolution, the yeas were 52, nays 0. The resolution, having received the requisite constitutional majority, was adopted. WEDNESDAY, MARCH 18, 1992 1879 SB 510. By Senators Broun of the 46th and Starr of the 44th: A bill to amend Code Section 45-7-4 of the Official Code of Georgia Annotated, relating to annual salaries of certain state officials, so as to provide that when employees of the executive, judicial, and legislative branches of government are required to take one or more days of furlough each month for which no compen sation or salary is required from the state, each member of the General Assembly shall be authorized to have his or her salary reduced by an equivalent amount for each furlough day required of a state employee. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of 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 of 46th Brown of 26th Burton Clay Coleman Collins Dawkins Dean Echols Edge Egan English Poster 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 Taylor Thompson Timmons Turner Tysinger Walker of 22nd White Those not voting were Senators: Deal (presiding) Shumake Walker of 43rd On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed. SB 786. By Senators Taylor of the 12th and Foster of the 50th: A bill to amend Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to group or blanket accident and sickness insurance, so as to provide that a group policyholder may require an additional employee contribution for spousal coverage where the spouse so cov ered is eligible to receive coverage under another group accident and sickness policy but declines such coverage. The Senate Committee on Insurance and Labor offered the following amendment: Amend SB 786 by adding on line 5 of page 1 after the word "require" and before the word "an" the following: "an employee contribution or". 1880 JOURNAL OF THE SENATE By striking the word "additional" on line 18 of page 1. By adding on line 19 of page 1 after the word "contribution" and before the word "for" the following: "or an additional contribution". On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Those voting in the affirmative were Senators: Albert Alien Baldwin Bishop Bowen Broun of 46th Brown of 26th BC~.luaryton Coleman Collins Dawkins Dean Echols Edge Egan English Foster Garner Gillis Hammill Harris Hasty Henson Hill HTHTouogkgsm s Johnson Kidd Marable Moye Newbill Perdue Perry Phillips Pollard Ragan of 10th Ragan of 32nd Ramsey Ray Robinson Scott gtarr Taat*e.i;n-!b..e,rg Inompson Timmons Turner Tysinger Walker of 22nd Walker of 43rd White Those not voting were Senators: Deal (presiding) Langford Shumake On the passage of the bill, the yeas were 53, nays 0. The bill, having received the requisite constitutional majority, was passed as amended. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following bills of the House: HB 1491. By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th: A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the WEDNESDAY, MARCH 18, 1992 1881 districts from which the members of the Commission of Athens-Clarke County are elected. HB 1493. By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th: A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected, HB 1672. By Representatives Coker of the 21st and Aiken of the 21st: A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the compensation of the chairman. HB 1737. By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Smithville, so as to provide that the city council shall be composed of four members. HB 1916. By Representative Blitch of the 150th: A bill to provide a charter for the City of Fargo. HB 1941. By Representative Morsberger of the 62nd: A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to lengthen the period of time for which the city may grant a franchise. HB 1948. By Representative Hudson of the 117th: A bill to amend an Act to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board, so as to change the composition of the commission districts. HB 2011. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act creating a Board of Commissioners for Paulding County, so as to provide that such board shall consist of five commissioners elected from commissioner districts with a chairman selected from among their number or, in the alternative, shall consist of three commissioners elected from the county at large. HB 2012. By Representatives Klein of the 21st, Coker of the 21st, Wilder of the 21st, Clark of the 20th, Cauthorn of the 20th and others: A bill to provide that the tax commissioner of Cobb County shall retain a speci fied percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes. HB 2017. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing a new charter for the City of Waycross, so as to authorize the judge of the police court to grant first offender probation treatment to persons charged with possession of one ounce or less of marijuana. 1882 JOURNAL OF THE SENATE HB 2019. By Representative Jenkins of the 80th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to provide for the appoint ment of a city manager. HB 2025. By Representative Holland of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court. HB 2039. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts. HB 2040. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts. HB 2052. By Representatives Klein of the 21st, Coker of the 21st, Atkins of the 21st, Hammond of the 20th, Vaughan of the 20th and others: A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County. HB 2055. By Representatives Hanner of the 131st and Holland of the 136th: A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts. HB 2060. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Bartow County; to create a chairperson and board of com missioners for Bartow County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities. HB 2073. By Representative Murphy of the 18th: A bill to amend an Act reincorporating and creating a new charter for the City of Tallapoosa in Haralson County, so as to change provisions relating to the juris diction and punishment powers of the Municipal Court of the City of Tallapoosa. HB 2016. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to provide a homestead exemption from all City of Kingsland ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness, in the amount of $25,000.00 of the assessed value of the homestead for residents of the City of Kingsland who are 65 years of age or older and whose gross income does not exceed $25,000.00. HB 2094. By Representatives Jenkins of the 80th, Smith of the 78th and Dunn of the 73rd: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit. WEDNESDAY, MARCH 18, 1992 1883 HB 1561. By Representative Dover of the llth: A bill to amend Code Section 48-5-20 of the Official Code of Georgia Annotated, relating to the effect of failure to return taxable property, so as to provide for conditions under which certain real property shall be deemed to have been re turned for taxation. HB 1420. By Representatives Holland of the 136th, Ray of the 98th and Hudson of the 117th: A bill to amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to pro vide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper. HB 2029. By Representatives Smyre of the 92nd and Brown of the 88th: A bill to amend Chapter 22 of Title 45, known as the "Public Employee Hazard ous Chemical Protection and Right to Know Act of 1988," so as to transfer the administration of such Act from the Department of Labor to the state merit system. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 1010. By Representative Holland of the 136th: A resolution designating the Scooterville Highway. The House has passed by the requisite constitutional majority the following bills of the House: HB 1377. By Representatives Flynt of the 75th, Dover of the llth, Adams of the 79th, Buckner of the 72nd, Hammond of the 20th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the definition of a taxable nonresident; to provide for the allocation of income of a taxable nonresident; to change the definition of wages with respect to certain nonresidents. HB 1125. By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th, Mead ows of the 91st, Smith of the 16th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in govern ment service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of Georgia Annotated, relating to the General Assembly, so as to repeal certain pro visions relating to lobbying. HB 1912. By Representatives Valenti of the 52nd, Oliver of the 53rd, Martin of the 26th, Turnquest of the 56th, Thomas of the 31st and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the regulation of labor pools. HB 1899. By Representative Twiggs of the 4th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to rates and underwriting rules, so as to provide for premium reduction for employees and their families attending approved employer provided courses. 1884 JOURNAL OF THE SENATE HB 1997. By Representatives Herbert of the 76th and Kilgore of the 42nd: 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 redefine certain terms; to authorize the Nonpub lic Postsecondary Education Commission to contract with the United States De partment of Education. HB 1068. By Representative Orrock of the 30th: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a person who is men tally ill, mentally retarded, an alcoholic, a drug dependent individual, or a sub stance abuser. HB 1860. By Representatives Holland of the 136th, Skipper of the 116th, Poston of the 2nd and Pinholster of the 8th: A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to provide that no per son shall advertise professional services, in an untrue, fraudulent, or misleading manner; to authorize the Governor's Office of Consumer Affairs to investigate certain such advertising. HB 426. By Representative McKinney of the 40th: A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for legislative intent; to provide that a parent who is financially unable to provide child support because of involuntary unemployment shall not be imprisoned for nonpayment of child support. HB 1977. By Representatives Pelote of the 127th, Merritt of the 123rd, Bordeaux of the 122nd, Porter of the 119th, Hamilton of the 124th and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for counseling, coun sel and advice, and the procedures and expenses related thereto for children and their parents or guardians. The House has adopted by the requisite constitutional majority the following resolution of the House: HR 859. By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th, Watts of the 41st, Pettit of the 19th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for ethics training for any or all state or local public officers of the legislative, judicial, or executive branches of government. The House has passed by the requisite constitutional majority the following bills of the House: HB 1648. By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th, Watts of the 41st, Heard of the 43rd and others: A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest, so as to require certain public officers and registered agents to attend ethics training courses. WEDNESDAY, MARCH 18, 1992 1885 HB 1689. By Representatives Harris of the 96th, Buck of the 95th, Benefield of the 72nd, Porter of the 119th, Taylor of the 94th and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the acquisition of abandoned railroad transportation property. HB 1854. By Representatives Henson of the 57th and Dunn of the 73rd: A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that policies of insur ance which provide coverage shall not exclude or deny coverage for the diagnos tic, surgical, or nonsurgical management of certain deformities or disorders or apply certain reductions or limitations to such coverage. HB 1978. By Representatives Buckner of the 72nd, Mobley of the 64th, Lee of the 72nd, Poston of the 2nd, Aiken of the 21st and others: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to require registration for operators of beauty pageants. HB 1968. By Representatives Snow of the 1st, Coker of the 21st, Smith of the 156th, Oliver of the 53rd and Wall of the 61st: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of civil actions, so as to pro vide for limitation of civil actions for childhood sexual abuse. HB 1850. By Representative Williams of the 90th: A bill 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 conditions for certain counties and municipalities to levy such tax. HB 1428. By Representative Davis of the 77th: A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to jurisdiction of the superior court in ad valorem property tax litigation, so as to provide that, in order to maintain certain civil actions, appeals, or affida vits of illegality filed under this title, an aggrieved taxpayer must pay the amount of taxes assessed before said taxes become delinquent. HB 1882. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to regulation of sales of alcoholic beverages on Sunday, so as to change the population bracket. HB 1691. By Representative Meadows of the 91st: A bill to amend Code Section 16-12-4 of the Official Code of Georgia Annotated, relating to cruelty to animals, so as to provide that failure to provide adequate food and water for cattle is cruelty to animals in the first degree. 1886 JOURNAL OF THE SENATE HB 2057. By Representatives Cauthorn of the 20th, Aiken of the 21st, Coker of the 21st, Vaughan of the 20th, Atkins of the 21st and others: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for elections and primaries, so as to provide for inclusion on the ballot the name of the person designated as chief deputy by candidates for clerk of the state court of certain counties. The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 789. By Representatives Smith of the 156th, Floyd of the 154th, Purcell of the 129th, Mueller of the 126th and Fennel of the 155th: A resolution continuing the Wetlands Conservation Study Committee. HR 950. By Representatives Alford of the 57th, Lane of the lllth and Dobbs of the 74th: A resolution creating the Joint Study Committee on Alternative Fuels. The House has passed by the requisite constitutional majority the following bills of the House: HB 1846. By Representatives Dobbs of the 74th, Hanner of the 131st, Lane of the lllth and Coleman of the 118th: A bill to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and related matters, so as to provide for an additional member of such board. HB 1817. By Representatives Redding of the 50th, Alford of the 57th, Teper of the 46th, Oliver of the 53rd and Thomas of the 55th: A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to the powers of county boards of health, so as to authorize county boards of health in each county in this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census to develop and implement programs for the prevention of injuries and incorporate injury prevention measures in rules and regulations. HB 1723. By Representative Reaves of the 147th: A bill to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to agriculture in general, so as to provide that any individual conducting business as a grain dealer, commercial feed dealer, or warehouseman shall pay an annual license fee in an amount not to exceed $1,500.00. HB 1929. By Representative Childers of the 15th: A bill to amend Code Section 16-12-160 of the Official Code of Georgia Anno tated, prohibiting buying or selling a human body or parts thereof, so as to change certain exceptions to the prohibition; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Anatomical Gift Act," so as to change the provisions relating to definitions. HB 1989. By Representatives Dunn of the 73rd, Lawson of the 9th and Griffin of the 6th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise definitions; to define certain terms; to provide for con struction concerning the issuance of policies; to prohibit certain acts regarding the transaction of insurance. WEDNESDAY, MARCH 18, 1992 1887 The House has adopted by the requisite constitutional majority the following resolu tions of the House: HR 677. By Representative Ray of the 98th: A resolution compensating Ms. Tara Joyner Davidson. HR 651. By Representatives Kingston of the 125th and Pelote of the 127th: A resolution compensating Savannah Concrete, Inc., Will D. Herrin, President. HR 863. 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 proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a trust fund from which funds shall be disbursed for the payment of workers' compensation benefits to an employee of an employer who has not obtained workers' compensation insurance or who is not self-insured against such liability. The House has passed by the requisite constitutional majority the following bills of the House and Senate: HB 1307. By Representative Dover of the llth: A bill to amend Code Section 48-9-30 of the Official Code of Georgia Annotated, relating to definitions regarding the road tax on motor carriers, so as to change the definition of a motor vehicle with respect to such tax. HB 2015. By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th, Klein of the 21st, Vaughan of the 20th and others: A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Annotated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describ ing counties prohibiting the entry of minors onto the premises of certain busi nesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian. HB 1943. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th: 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 Dougherty Judicial Circuit. HB 1405. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide a tax amnesty program. HB 1692. By Representatives Ashe of the 25th, Thomas of the 69th, Pettit of the 19th, Campbell of the 23rd, Oliver of the 53rd and others: A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that an authority established pursuant to this article is empowered to extinguish school district taxes on properties acquired by the authority. 1888 JOURNAL OF THE SENATE HB 2065. By Representatives Colwell of the 4th, Murphy of the 18th and Dover of the llth: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter 9, relating to the Georgia Building Authority; to provide that the Georgia Building Authority shall be a department of the state. HB 1979. By Representatives Connell of the 87th, Padgett of the 86th, Williams of the 90th, Cheeks of the 89th, Brown of the 88th and others: A bill to amend Code Section 45-7-9 of the Official Code of Georgia Annotated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state em ployees injured in the line of duty by the willful act of violence of a client receiv ing outpatient mental health treatment. HB 1740. By Representatives Felton of the 22nd, Campbell of the 23rd and Townsend of the 24th: A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to reapportion education districts for the election of members of the board of education. HB 1880. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-492 of the Official Code of Georgia Annotated, relating to issuance of mobile home location permits, so as to change the provi sions relating to population brackets and the census relative to the time for ob taining a permit in certain counties. HB 1883. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties. HB 1884. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and their judges, so as to remove the popu lation provision prohibiting such judges' practice of law. HB 1881. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to repeal an Act providing for a board of elections in certain counties. HB 1954. By Representatives Walker of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city. HB 1972. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th, Henson of the 57th, Oliver of the 53rd and others: A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city. WEDNESDAY, MARCH 18, 1992 1889 HB 2026. By Representatives Dixon of the 128th, Merritt of the 123rd, Pelote of the 127th, Hamilton of the 124th and Mueller of the 126th: A hill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler. HB 2041. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th 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 change the population figures describing counties which may elect to select one additional county board of equalization for each 10,000 parcels in the county. HB 2062. By Representative Barnett of the 10th: A bill to create and establish the Cumming-Forsyth County Charter Commission. HB 2068. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A bill to amend an Act creating the Board of Commissioners of Thomas County, so as to change the composition of the commissioner districts from which mem bers of the board of commissioners are elected. HB 2071. By Representative Smith of the 156th: A bill to provide for a referendum in Mclntosh County relating to the retention of the Mclntosh County Industrial Development Authority. HB 2074. By Representative Carrell of the 65th: A bill to amend an Act changing the manner and method of choosing members of the board of education of Walton County, so as to provide new education districts. HB 2075. By Representative Harris of the 84th: A bill to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County. HB 2077. By Representatives Kingston of the 125th, Bordeaux of the 122nd, Hamilton of the 124th, Merritt of the 123rd, Mueller of the 126th and others: A bill to create the Savannah Development and Renewal Authority. SB 556. By Senators Tate of the 38th, Egan of the 40th, Scott of the 36th and others: A bill to amend an Act creating and establishing a purchasing department in certain counties of this state, as amended, so as to change the provision relative to public letting and bids; to change the provision relative to advertisement of bids; to provide an effective date. SB 785. By Senators Thompson of the 33rd, Clay of the 37th, Newbill of the 56th and others: A bill to amend an Act entitled the "Cobb County Community Improvement Districts Act," as amended, so as to clarify the purpose of this Act; to provide for the life of a district and for procedures to extend the life of a district. 1890 JOURNAL OF THE SENATE HB 1878. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to population brackets and the census relative to interest on unpaid ad valorem taxes in certain counties. HB 1885. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change a population bracket so as to exclude Carroll County. HB 1886. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to repeal two subsections contain ing population brackets that are applicable to Carroll County. HB 2042. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of ad valorem taxes to counties, so as to revise the popula tion figures describing counties in which taxes are due on August 15, delinquent after October 15, interest accrues on delinquent taxes and penalty, and tax col lectors issue executions for delinquent taxes, penalties, and interest. HB 2043. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th, Martin of the 26th, Townsend of the 24th and others: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the popula tion figures describing the counties in which 4 percent commission is allowed for collection of intangible recording tax. HB 2063. By Representative Barnett of the 10th: A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have an nual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled. HB 2067. By Representative Beatty of the 12th: A bill to provide a homestead exemption from all City of Jefferson and City of Jefferson Independent School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that city and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over. HB 2076. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for an additional homestead exemption. WEDNESDAY, MARCH 18, 1992 1891 HB 2085. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax returns, so as to change the popu lation and census application of certain provisions requiring the opening of books for the return of taxes on January 1 and closing of such books on March 1 in all counties of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census. HB 2088. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on certain unpaid ad valorem taxes, so as to change the popu lation and census application of certain provisions requiring that such taxes un paid as of November 20 of each year shall bear interest in each county of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census. The House has passed, by substitute, by the requisite constitutional majority the fol lowing bill of the Senate: SB 585. By Senators Tate of the 38th, Scott of the 36th, Egan of the 40th and others: A bill to amend Code Section 8-3-50 of the Official Code of Georgia Annotated, relating to the appointment of local housing authority commissioners, so as to provide that in counties having a population of 550,000 or more according to the United States decennial census of 1990 or any future such census, the resident commissioner shall be a voting member of the authority; to provide an effective date. The following bills and resolutions of the House were read the first time and referred to committees: HB 1725. By Representatives Jamieson of the llth and Dover of the llth: A bill to repeal an Act providing for the compensation of members of the board of county commissioners in each county having a population of not less than 8,335 and not more than 8,725 according to the United States decennial census of 1970 or any future such census. Referred to Committee on Urban and County Affairs (General). HB 1733. By Representatives Purcell of the 129th, Barfoot of the 120th, Bates of the 141st and Long of the 142nd: A bill to amend Code Section 36-62-4 of the Official Code of Georgia Annotated, relating to development authorities created by local resolution, so as to provide that in certain counties the board of directors of development authorities created by constitutional amendment may assume the powers and responsibilities of a development authority created by local resolution pursuant to general law. Referred to Committee on Urban and County Affairs (General). 1892 JOURNAL OF THE SENATE HB 1891. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-492 of the Official Code of Georgia Annotated, relating to issuance of mobile home location permits, so as to change the provi sions relating to population brackets and the census relative to the time for ob taining a permit in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1892. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1893. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making tax returns, so as to change the provisions relat ing to population brackets and the census relative to the time for making tax returns in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1897. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to change the provisions relating to population brackets and the census relative to the time for completion of revision and assessment of returns in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1907. By Representatives Smith of the 78th, Dunn of the 73rd, Jenkins of the 80th and others: A bill to repeal an Act entitled "An Act to create the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000, according to the United States Decennial Census of 1970, or any future such census". Referred to Committee on Urban and County Affairs (General). HB 2027. By Representatives Cauthorn of the 20th, Vaughan of the 20th, Coker of the 21st and others: A bill to amend Code Section 31-3-2 of the Official Code of Georgia Annotated, relating to the composition of county boards of health, so as to revise the popula tion figures describing the counties in which the superintendent of the largest municipal school system in the county serves on the county board of health in an ex officio capacity. Referred to Committee on Urban and County Affairs (General). HB 2044. By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th and others: A bill to amend Code Section 22-2-84 of the Official Code of Georgia Annotated, relating to entry of notice and award by the clerk in eminent domain cases and WEDNESDAY, MARCH 18, 1992 1893 payments to assessors by the condemnor, so as to change the population figures describing counties in which the judge of the superior court shall fix costs to be paid to assessors by the condemning county. Referred to Committee on Urban and County Affairs (General). HB 2045. By Representatives Hammond of the 20th, Aiken of the 21st, Vaughan of the 20th and others: A bill to amend Article 1 of Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures, so as to change the population figure describing those counties in which certain municipalities shall be subject to said article. Referred to Committee on Urban and County Affairs (General). HB 2054. By Representatives Cauthorn of the 20th, Coker of the 21st, Vaughan of the 20th and others: A bill to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to sheriffs, so as to change the population figure describing counties in which the sheriff is authorized to deposit cash bonds and cash reserves of professional bondspersons in interest-bearing accounts. Referred to Committee on Urban and County Affairs (General). HB 1894. By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to population brackets and the census relative to interest on unpaid ad valorem taxes in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1895. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Part 3 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of mobile homes, so as to change the provisions relating to population brackets and the census relative to taxation of mobile homes and the return thereof for taxation in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1896. By Representatives McBee of the 68th, Thurmond of the 67th, Clark of the 13th and Powell of the 13th: A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change the provisions relating to population brackets and the census relative to applications for home stead exemptions in certain counties. Referred to Committee on Urban and County Affairs (General). HB 847. By Representatives Bostick of the 138th, Martin of the 26th and Randall of the 101st: A bill to amend Chapter 2 of Title 17 of the Official Code of Georgia Annotated, relating to jurisdiction and venue in criminal cases, so as to provide for the trans fer of an indictment or accusation and of certain other cases for the purpose of a plea of guilty, guilty but mentally ill, guilty but mentally retarded, or nolo contendere from a county in which the indictment, accusation, complaint, or arrest warrant is pending to another county where the defendant has been arrested, 1894 JOURNAL OF THE SENATE held, or is present, upon the consent of the defendant and the district attorney in each county. Referred to Committee on Judiciary. HB 1450. By Representatives Golden of the 148th, Patten of the 149th and Reaves of the 147th: A bill to amend Code Section 15-18-20 of the Official Code of Georgia Annotated, relating to additional assistants and staff for district attorneys, so as to authorize district attorneys to employ victim and witness assistance personnel as members of their staff. Referred to Committee on Judiciary. HB 1861. By Representative Floyd of the 135th: A bill to amend Chapter 15 of Title 36 of the Official Code of Georgia Annotated, relating to county law libraries, so as to change membership on the board of trustees of the county law library of each county. Referred to Committee on Special Judiciary. HB 1548. By Representative Balkcom of the 140th: A bill to amend Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, so as to prohibit the hunting of wildlife and feral hogs on public roads. Referred to Committee on Natural Resources. HB 332. By Representatives Parrish of the 109th and Parham of the 105th: A bill to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use taxation, so as to authorize the state revenue commissioner to provide by rule or regulation an exemption for certain items ultimately paid for by state or federal funds where the state or federal law or regulation authorizing payment prohibits the payment of sales and use taxation. Referred to Committee on Finance and Public Utilities. HB 1491. By Representatives McBee of the 68th, Thurmond of the 67th and Clark of the 13th: A bill to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, so as to change the composition of the districts from which the members of the Commission of Athens-Clarke County are elected. Referred to Committee on Urban and County Affairs. HB 1493. By Representatives McBee of the 68th, Clark of the 13th, Powell of the 13th and Thurmond of the 67th: A bill to amend an Act providing for the merger of the existing independent school system of the Mayor and council of the City of Athens and the existing school district in the County of Clarke, so as to change the composition of the districts from which the members of the Board of Education of Clarke County are elected. Referred to Committee on Urban and County Affairs. WEDNESDAY, MARCH 18, 1992 1895 HB 1672. By Representatives Coker of the 21st and Aiken of the 21st: A bill to amend an Act creating the board of commissioners of Cobb County, so as to change the compensation of the chairman. Referred to Committee on Urban and County Affairs. HB 1737. By Representative Hanner of the 131st: A bill to amend an Act providing a new charter for the City of Smithville, so as to provide that the city council shall be composed of four members. Referred to Committee on Urban and County Affairs. HB 1916. By Representative Blitch of the 150th: A bill to provide a charter for the City of Fargo. Referred to Committee on Urban and County Affairs. HB 1941. By Representative Morsberger of the 62nd: A bill to amend an Act incorporating the City of Lilburn in the County of Gwinnett, so as to lengthen the period of time for which the city may grant a franchise. Referred to Committee on Urban and County Affairs. HB 1948. By Representative Hudson of the 117th: A bill to amend an Act to provide for the Board of Education of Pulaski County and consolidate and restate provisions of law relating to the board, so as to change the composition of the commission districts. Referred to Committee on Urban and County Affairs. HB 2011. By Representatives Watts of the 41st and Murphy of the 18th: A bill to amend an Act creating a Board of Commissioners for Paulding County, so as to provide that such board shall consist of five commissioners elected from commissioner districts with a chairman selected from among their number or, in the alternative, shall consist of three commissioners elected from the county at large. Referred to Committee on Urban and County Affairs. HB 2012. By Representatives Klein of the 21st, Coker of the 21st, Wilder of the 21st and others: A bill to provide that the tax commissioner of Cobb County shall retain a speci fied percentage of educational funds collected by said officer and remit the same to the governing authority of Cobb County to reimburse the county for the cost of collecting school taxes. Referred to Committee on Urban and County Affairs. HB 2017. By Representatives Dixon of the 151st and Blitch of the 150th: A bill to amend an Act providing a new charter for the City of Waycross, so as to authorize the judge of the police court to grant first offender probation treatment to persons charged with possession of one ounce or less of marijuana. Referred to Committee on Urban and County Affairs. 1896 JOURNAL OF THE SENATE HB 2019. By Representative Jenkins of the 80th: A bill to amend an Act repealing an Act incorporating the City of Monticello and granting a new charter to the City of Monticello, so as to provide for the appoint ment of a city manager. Referred to Committee on Urban and County Affairs. HB 2025. By Representative Holland of the 136th: A bill to amend an Act establishing a State Court of Worth County, so as to change the salary of the judge of said court. Referred to Committee on Urban and County Affairs. HB 2039. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act re-creating the Board of Commissioners of Colquitt County, so as to reapportion the commissioner districts. Referred to Committee on Urban and County Affairs. HB 2040. By Representatives Powell of the 145th and Royal of the 144th: A bill to amend an Act relating to the Board of Education of Colquitt County, so as to reapportion the education districts. Referred to Committee on Urban and County Affairs. HB 2052. By Representatives Klein of the 21st, Coker of the 21st, Atkins of the 21st and others: A bill to amend an Act changing the boundaries of the seven education districts of the Cobb County School District, so as to change the boundaries of the seven education districts for the election of members of the Board of Education of Cobb County. Referred to Committee on Urban and County Affairs. HB 2055. By Representatives Manner of the 131st and Holland of the 136th: A bill to amend an Act creating the board of commissioners of Lee County, so as to provide new commissioner districts. Referred to Committee on Urban and County Affairs. HB 2060. By Representatives Pettit of the 19th and Childers of the 15th: A bill to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of Bartow County; to create a chairperson and board of com missioners for Bartow County and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities. Referred to Committee on Urban and County Affairs. HB 2073. By Representative Murphy of the 18th: A bill to amend an Act reincorporating and creating a new charter for the City of Tallapoosa in Haralson County, so as to change provisions relating to the juris diction and punishment powers of the Municipal Court of the City of Tallapoosa. Referred to Committee on Urban and County Affairs. HB 2016. By Representatives Dixon of the 151st and Smith of the 152nd: A bill to provide a homestead exemption from all City of Kingsland ad valorem taxes for any city purposes, including, but not limited to, taxes to retire bonded indebtedness, in the amount of $25,000.00 of the assessed value of the homestead WEDNESDAY, MARCH 18, 1992 1897 for residents of the City of Kingsland who are 65 years of age or older and whose gross income does not exceed $25,000.00. Referred to Committee on Urban and County Affairs. HB 2094. By Representatives Jenkins of the 80th, Smith of the 78th and Dunn of the 73rd: A bill to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of the superior courts, so as to provide for a third judge of the superior courts of the Flint Judicial Circuit. Referred to Committee on Judiciary. HB 1561. By Representative Dover of the llth: A bill to amend Code Section 48-5-20 of the Official Code of Georgia Annotated, relating to the effect of failure to return taxable property, so as to provide for conditions under which certain real property shall be deemed to have been re turned for taxation. Referred to Committee on Finance and Public Utilities. HB 1420. By Representatives Holland of the 136th, Ray of the 98th and Hudson of the 117th: A bill to amend Code Section 11-9-203 of the Official Code of Georgia Annotated, relating to the attachment and enforceability of security interests, so as to pro vide that a security interest in future crops shall not attach to the portion of the crops due to a sharecropper. Referred to Committee on Judiciary. HB 2029. By Representatives Smyre of the 92nd and Brown of the 88th: A bill to amend Chapter 22 of Title 45, known as the "Public Employee Hazard ous Chemical Protection and Right to Know Act of 1988," so as to transfer the administration of such Act from the Department of Labor to the state merit system. Referred to Committee on Natural Resources. HR 1010. By Representative Holland of the 136th: A resolution designating the Scooterville Highway. Referred to Committee on Transportation. HB 1377. By Representatives Flynt of the 75th, Dover of the llth, Adams of the 79th and others: A bill to amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change the definition of a taxable nonresident; to provide for the allocation of income of a taxable nonresident; to change the definition of wages with respect to certain nonresidents. Referred to Committee on Finance and Public Utilities. HB 1125. By Representatives Poston of the 2nd, Fennel of the 155th, Orr of the 9th and others: A bill to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide for the comprehensive regulation of ethics in govern ment service and the disclosure of campaign contributions and expenditures; to create the State Ethics Commission; to amend Title 28 of the Official Code of 1898 JOURNAL OF THE SENATE Georgia Annotated, relating to the General Assembly, so as to repeal certain pro visions relating to lobbying. Referred to Committee on Ethics. HR 859. By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for ethics training for any or all state or local public officers of the legislative, judicial, or executive branches of government. Referred to Committee on Ethics. HB 1648. By Representatives Hammond of the 20th, Groover of the 99th, Walker of the 115th and others: A bill to amend Chapter 10 of Title 45 of the Official Code of Georgia Annotated, relating to codes of ethics and conflicts of interest, so as to require certain public officers and registered agents to attend ethics training courses. Referred to Committee on Ethics. HB 1689. By Representatives Harris of the 96th, Buck of the 95th, Benefield of the 72nd and others: A bill to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to provide for the acquisition of abandoned railroad transportation property. Referred to Committee on Transportation. HB 1854. By Representatives Henson of the 57th and Dunn of the 73rd: A bill to amend Chapter 29 of Title 33 of the Official Code of Georgia Annotated, relating to individual accident and sickness insurance, and Article 1 of Chapter 30 of Title 33 of the Official Code of Georgia Annotated, relating to group or blanket accident and sickness insurance, so as to provide that policies of insur ance which provide coverage shall not exclude or deny coverage for the diagnos tic, surgical, or nonsurgical management of certain deformities or disorders or apply certain reductions or limitations to such coverage. Referred to Committee on Insurance and Labor. HB 1978. By Representatives Buckner of the 72nd, Mobley of the 64th, Lee of the 72nd and others: A bill to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for definitions; to require registration for operators of beauty pageants. Referred to Committee on Governmental Operations. HB 1968. By Representatives Snow of the 1st, Coker of the 21st, Smith of the 156th and others: A bill to amend Article 2 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to specific periods of limitation of civil actions, so as to pro vide for limitation of civil actions for childhood sexual abuse. Referred to Committee on Special Judiciary. WEDNESDAY, MARCH 18, 1992 1899 HB 1912. By Representatives Valenti of the 52nd, Oliver of the 53rd, Martin of the 26th and others: A bill to amend Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, so as to provide for the regulation of labor pools. Referred to Committee on Insurance and Labor. HB 1899. By Representative Twiggs of the 4th: A bill to amend Chapter 9 of Title 33 of the Official Code of Georgia Annotated, relating to rates and underwriting rules, so as to provide for premium reduction for employees and their families attending approved employer provided courses. Referred to Committee on Insurance and Labor. HB 1997. By Representatives Herbert of the 76th and Kilgore of the 42nd: 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 redefine certain terms; to authorize the Nonpub lic Postsecondary Education Commission to contract with the United States De partment of Education. Referred to Committee on Education. HB 1068. By Representative Orrock of the 30th: A bill to amend Title 37 of the Official Code of Georgia Annotated, relating to mental health, so as to provide that a licensed clinical social worker is authorized to certify the need for involuntary emergency treatment of a person who is men tally ill, mentally retarded, an alcoholic, a drug dependent individual, or a sub stance abuser. Referred to Committee on Health and Human Services. HB 1860. By Representatives Holland of the 136th, Skipper of the 116th, Poston of the 2nd and Pinholster of the 8th: A bill to amend Part 4 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to false advertising, so as to provide that no per son shall advertise professional services, in an untrue, fraudulent, or misleading manner; to authorize the Governor's Office of Consumer Affairs to investigate certain such advertising. Referred to Committee on Governmental Operations. HB 426. By Representative McKinney of the 40th: A bill to amend Article 1 of Chapter 11 of Title 19 of the Official Code of Georgia Annotated, the "Child Support Recovery Act," so as to provide for legislative intent; to provide that a parent who is financially unable to provide child support because of involuntary unemployment shall not be imprisoned for nonpayment of child support. Referred to Committee on Judiciary. HB 1977. By Representatives Pelote of the 127th, Merritt of the 123rd, Bordeaux of the 122nd and others: A bill to amend Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile proceedings, so as to provide for counseling, coun sel and advice, and the procedures and expenses related thereto for children and their parents or guardians. Referred to Committee on Special Judiciary. 1900 JOURNAL OF THE SENATE HB 1850. By Representative Williams of the 90th: A bill 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 conditions for certain counties and municipalities to levy such tax. Referred to Committee on Finance and Public Utilities. HB 1428. By Representative Davis of the 77th: A bill to amend Code Section 48-5-29 of the Official Code of Georgia Annotated, relating to jurisdiction of the superior court in ad valorem property tax litigation, so as to provide that, in order to maintain certain civil actions, appeals, or affida vits of illegality filed under this title, an aggrieved taxpayer must pay the amount of taxes assessed before said taxes become delinquent. Referred to Committee on Judiciary. HB 1882. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 3-3-7 of the Official Code of Georgia Annotated, relating to regulation of sales of alcoholic beverages on Sunday, so as to change the population bracket. Referred to Committee on Urban and County Affairs (General). HB 1691. By Representative Meadows of the 91st: A bill to amend Code Section 16-12-4 of the Official Code of Georgia Annotated, relating to cruelty to animals, so as to provide that failure to provide adequate food and water for cattle is cruelty to animals in the first degree. Referred to Committee on Agriculture. HB 2057. By Representatives Cauthorn of the 20th, Aiken of the 21st, Coker of the 21st and others: A bill to amend Article 1 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions for elections and primaries, so as to provide for inclusion on the ballot the name of the person designated as chief deputy by candidates for clerk of the state court of certain counties. Referred to Committee on Urban and County Affairs (General). HR 789. By Representatives Smith of the 156th, Floyd of the 154th, Purcell of the 129th and others: A resolution continuing the Wetlands Conservation Study Committee. Referred to Committee on Rules. HR 950. By Representatives Alford of the 57th, Lane of the lllth and Dobbs of the 74th: A resolution creating the Joint Study Committee on Alternative Fuels. Referred to Committee on Rules. HB 1846. By Representatives Dobbs of the 74th, Hanner of the 131st, Lane of the lllth and Coleman of the 118th: A bill to amend Code Section 43-51-3 of the Official Code of Georgia Annotated, relating to the creation of the State Board of Examiners for Certification of Water and Wastewater Treatment Plant Operators and Laboratory Analysts and related matters, so as to provide for an additional member of such board. Referred to Committee on Governmental Operations. WEDNESDAY, MARCH 18, 1992 1901 HB 1817. By Representatives Redding of the 50th, Alford of the 57th, Teper of the 46th and others: A bill to amend Code Section 31-3-4 of the Official Code of Georgia Annotated, relating to the powers of county boards of health, so as to authorize county boards of health in each county in this state having a population of 400,000 or more according to the United States decennial census of 1990 or any future such census to develop and implement programs for the prevention of injuries and incorporate injury prevention measures in rules and regulations. Referred to Committee on Urban and County Affairs (General). HB 1723. By Representative Reaves of the 147th: A bill to amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating to agriculture in general, so as to provide that any individual conducting business as a grain dealer, commercial feed dealer, or warehouseman shall pay an annual license fee in an amount not to exceed $1,500.00. Referred to Committee on Agriculture. HB 1929. By Representative Childers of the 15th: A bill to amend Code Section 16-12-160 of the Official Code of Georgia Anno tated, prohibiting buying or selling a human body or parts thereof, so as to change certain exceptions to the prohibition; to amend Article 6 of Chapter 5 of Title 44 of the Official Code of Georgia Annotated, the "Georgia Anatomical Gift Act," so as to change the provisions relating to definitions. Referred to Committee on Health and Human Services. HB 1989. By Representatives Dunn of the 73rd, Lawson of the 9th and Griffin of the 6th: A bill to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to revise definitions; to define certain terms; to provide for con struction concerning the issuance of policies; to prohibit certain acts regarding the transaction of insurance. Referred to Committee on Insurance and Labor. HR 677. By Representative Ray of the 98th: A resolution compensating Ms. Tara Joyner Davidson in the sum of $1,452.88. Referred to Committee on Appropriations. HR 651. By Representatives Kingston of the 125th and Pelote of the 127th: A resolution compensating Savannah Concrete, Inc., Will D. Herrin, President, in the sum of $1,000.00. Referred to Committee on Appropriations. HR 863. By Representatives Smyre of the 92nd, McKelvey of the 15th, Griffin of the 6th and others: A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a trust fund from which funds shall be disbursed for the payment of workers' compensation benefits to an employee of an employer who has not obtained workers' compensation insurance or who is not self-insured against such liability. Referred to Committee on Insurance and Labor. 1902 JOURNAL OF THE SENATE HB 1307. By Representative Dover of the llth: A bill to amend Code Section 48-9-30 of the Official Code of Georgia Annotated, relating to definitions regarding the road tax on motor carriers, so as to change the definition of a motor vehicle with respect to such tax. Referred to Committee on Finance and Public Utilities. HB 2015. By Representatives Wilder of the 21st, Sherrill of the 47th, Ashe of the 25th and others: A bill to amend Code Section 3-3-24.1 of the Official Code of Georgia Annotated, relating to entry of minors onto the premises of certain businesses engaged in retail sale of alcoholic beverages, so as to change the population figures describ ing counties prohibiting the entry of minors onto the premises of certain busi nesses engaged in the retail sale of alcoholic beverages unless accompanied by the minor's parent or guardian. Referred to Committee on Urban and County Affairs (General). HB 1943. By Representatives Chambless of the 133rd, White of the 132nd, Cummings of the 134th and Balkcom of the 140th: 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 Dougherty Judicial Circuit. Referred to Committee on Judiciary. HB 1405. By Representatives Porter of the 119th, Jamieson of the llth and Baker of the 51st: A bill to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide a tax amnesty program. Referred to Committee on Finance and Public Utilities. HB 1692. By Representatives Ashe of the 25th, Thomas of the 69th, Pettit of the 19th and others: A bill to amend Article 4 of Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to land bank authorities, so as to provide that an authority established pursuant to this article is empowered to extinguish school district taxes on properties acquired by the authority. Referred to Committee on Finance and Public Utilities. HB 2065. By Representatives Colwell of the 4th, Murphy of the 18th and Dover of the llth: A bill to amend Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to repeal Chapter 9, relating to the Georgia Building Authority; to provide that the Georgia Building Authority shall be a department of the state. Referred to Committee on Governmental Operations. HB 1979. By Representatives Connell of the 87th, Padgett of the 86th, Williams of the 90th and others: A bill to amend Code Section 45-7-9 of the Official Code of Georgia Annotated, relating to compensation for line-of-duty injuries of full-time state employees, so as to authorize a state agency to grant additional benefits to certain state em ployees injured in the line of duty by the willful act of violence of a client receiv ing outpatient mental health treatment. Referred to Committee on Finance and Public Utilities. WEDNESDAY, MARCH 18, 1992 1903 HB 1740. By Representatives Felton of the 22nd, Campbell of the 23rd and Townsend of the 24th: A bill to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, so as to reapportion education districts for the election of members of the board of education. Referred to Committee on Urban and County Affairs. HB 1880. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-492 of the Official Code of Georgia Annotated, relating to issuance of mobile home location permits, so as to change the provi sions relating to population brackets and the census relative to the time for ob taining a permit in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1883. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-301 of the Official Code of Georgia Annotated, relating to time for presentation of returns by a tax receiver or tax commissioner, so as to change the provisions relating to population brackets and the census relative to presentation of tax returns in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1884. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 15-11-3 of the Official Code of Georgia Annotated, relating to creation of juvenile courts and their judges, so as to remove the popu lation provision prohibiting such judges' practice of law. Referred to Committee on Urban and County Affairs (General). HB 1881. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to repeal an Act providing for a board of elections in certain counties. Referred to Committee on Urban and County Affairs (General). HB 1954. By Representatives Walker of the 113th and Watson of the 114th: A bill to amend an Act incorporating the City of Centerville, so as to change the corporate limits of said city. Referred to Committee on Urban and County Affairs. HB 1972. By Representatives Alford of the 57th, Irwin of the 57th, Teper of the 46th and others: A bill to amend an Act incorporating the City of Avondale Estates, so as to pro vide for the corporate limits of said city. Referred to Committee on Urban and County Affairs. HB 2026. By Representatives Dixon of the 128th, Merritt of the 123rd, Pelote of the 127th and others: A bill to amend an Act creating a new charter for the City of Pooler, so as to change the corporate limits of the City of Pooler. Referred to Committee on Urban and County Affairs. 1904 JOURNAL OF THE SENATE HB 2041. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th 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 change the population figures describing counties which may elect to select one additional county board of equalization for each 10,000 parcels in the county. Referred to Committee on Urban and County Affairs (General). HB 2062. By Representative Barnett of the 10th: A bill to create and establish the Cumming-Forsyth County Charter Commission. Referred to Committee on Urban and County Affairs. HB 2068. By Representatives Titus of the 143rd, Long of the 142nd and Royal of the 144th: A bill to amend an Act creating the Board of Commissioners of Thomas County, so as to change the composition of the commissioner districts from which mem bers of the board of commissioners are elected. Referred to Committee on Urban and County Affairs. HB 2071. By Representative Smith of the 156th: A bill to provide for a referendum in Mclntosh County relating to the retention of the Mclntosh County Industrial Development Authority. Referred to Committee on Urban and County Affairs. HB 2074. By Representative Carrell of the 65th: A bill to amend an Act changing the manner and method of choosing members of the board of education of Walton County, so as to provide new education districts. Referred to Committee on Urban and County Affairs. HB 2075. By Representative Harris of the 84th: A bill to provide for the method of filling vacancies in the membership of the Hospital Authority of McDuffie County. Referred to Committee on Urban and County Affairs. HB 2077. By Representatives Kingston of the 125th, Bordeaux of the 122nd, Hamilton of the 124th and others: A bill to create the Savannah Development and Renewal Authority. Referred to Committee on Urban and County Affairs. HB 1878. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on unpaid ad valorem taxes, rate, and records of interest and taxes collected, so as to change the provisions relating to population brackets and the census relative to interest on unpaid ad valorem taxes in certain counties. Referred to Committee on Urban and County Affairs (General). WEDNESDAY, MARCH 18, 1992 1905 HB 1885. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-45 of the Official Code of Georgia Annotated, relating to applications for homestead exemptions, so as to change a population bracket so as to exclude Carroll County. Referred to Committee on Urban and County Affairs (General). HB 1886. By Representatives Thomas of the 69th, Simpson of the 70th and Jones of the 71st: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to time for making tax returns, so as to repeal two subsections contain ing population brackets that are applicable to Carroll County. Referred to Committee on Urban and County Affairs (General). HB 2042. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th and others: A bill to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to payment of ad valorem taxes to counties, so as to revise the popula tion figures describing counties in which taxes are due on August 15, delinquent after October 15, interest accrues on delinquent taxes and penalty, and tax col lectors issue executions for delinquent taxes, penalties, and interest. Referred to Committee on Urban and County Affairs (General). HB 2043. By Representatives Mills of the 20th, Davis of the 29th, Abernathy of the 39th and others: A bill to amend Article 3 of Chapter 6 of Title 48 of the Official Code of Georgia Annotated, relating to the intangible recording tax, so as to change the popula tion figures describing the counties in which 4 percent commission is allowed for collection of intangible recording tax. Referred to Committee on Urban and County Affairs (General). HB 2063. By Representative Barnett of the 10th: A bill to provide a homestead exemption from all Forsyth County School District ad valorem taxes for educational purposes, including but not limited to taxes to retire school bond indebtedness, in the amount of $20,000.00 of the assessed value of the homestead for certain residents of that school district who have an nual gross incomes not exceeding $16,000.00 and who are 62 years of age or over or permanently disabled. Referred to Committee on Urban and County Affairs. HB 2067. By Representative Beatty of the 12th: A bill to provide a homestead exemption from all City of Jefferson and City of Jefferson Independent School District ad valorem taxes for $10,000.00 of the value of the homestead for certain residents of that city and school district who have annual earned family incomes not exceeding $18,000.00 and who are 62 years of age or over. Referred to Committee on Urban and County Affairs. 1906 JOURNAL OF THE SENATE HB 2076. By Representatives Childers of the 15th and McKelvey of the 15th: A bill to amend an Act providing for a homestead exemption from Floyd County School District ad valorem taxes for educational purposes for certain residents of that school district, so as to provide for an additional homestead exemption. Referred to Committee on Urban and County Aifairs. HB 2085. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-18 of the Official Code of Georgia Annotated, relating to the time for making ad valorem tax returns, so as to change the popu lation and census application of certain provisions requiring the opening of books for the return of taxes on January 1 and closing of such books on March 1 in all counties of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census. Referred to Committee on Urban and County Affairs (General). HB 2088. By Representatives Kilgore of the 42nd, Watts of the 41st and Simpson of the 70th: A bill to amend Code Section 48-5-148 of the Official Code of Georgia Annotated, relating to interest on certain unpaid ad valorem taxes, so as to change the popu lation and census application of certain provisions requiring that such taxes un paid as of November 20 of each year shall bear interest in each county of this state having a population of not less than 66,000 nor more than 73,000 according to the United States decennial census of 1970 or any future such census. Referred to Committee on Urban and County Affairs (General). Serving as doctor of the day was Dr. Tim Palmer of Swainsboro, Georgia. Senator Garner of the 30th moved that the Senate stand in recess until 11:00 o'clock P.M., and at that time stand adjourned until 9:30 o'clock A.M. on Thursday, March 19; the motion prevailed. At 2:40 o'clock P.M., Senator Deal of the 49th, President Pro Tempore, who was presid ing, announced the Senate would stand in recess until 11:00 o'clock P.M., and at that time stand adjourned until 9:30 o'clock A.M. on Thursday, March 19. Journal of the Senate 1992 continued in Volume Two. Volume Two has the complete index for both Volume One and Volume Two.